Recently I found out that my dad is being sued because of credit card bills. He has gone through a lot due to medical issues and reading through forum posts like ASTMedic and others has given me hope that we can get through this. I have no real experience dealing with this but from what I read my first step is to answer to the court but I'm not exactly sure how to approach this. I've read about arbitration and general denials but am nervous about which route I should take. I appreciate all the help and advice anyone can give me and am extremely grateful I found such a informative and supportive community, thank you.
1. Who is the named plaintiff in the suit?
Midland Funding LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
HUNT & HENRIQUES, Attorneys at Law
3. How much are you being sued for? $3.XXX
4. Who is the original creditor? (if not the Plaintiff) CITIBANK
5. How do you know you are being sued? (You were served, right?)
I was served
6. How were you served? (Mail, In person, Notice on door)
Served in person
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
Los Angeles County, California
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
From the statements they sent along with the complaint, 11/22/2016
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt?
4 Years for California
13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
The status online says pending
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').
16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
30 days after being served so 4/1/2020
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They included two with the summons. Exhibit A that shows bank statements that dates from 10/26/16 - 11/23/16 and Exhibit B that also shows statements but dates from 5/24/17 - 6/23/17
18. How did you find out about this site?
And also in the complaint there are two causes listed: (1) Account Stated and (2) Open Book Amount