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Butterfly1

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Everything posted by Butterfly1

  1. @dontwearmasks I'm fighting MCM too. I go to court next Thursday the 19th. They wouldn't budge for me as well and so apparently they are suing me. However this is my 1st court case. I've filed motion to compel arbitration the end of June. This paat Friday, I received a consent judgment requesting for me to sign to avoid court proceedings. Along with that, they have also filed motion to stay pending arbitration. Any advice would be greatly appreciated.
  2. I have a court hearing on the 19th and I just received from Midland a reminder but also a consent judgment to sign if I want to avoid court. I file a motion to arbitration. Has anyone dealt with this?
  3. I have a court hearing on the 19th and I just received from Midland a reminder but also a consent judgment to sign if I want to avoid court. I file a motion to arbitration. Has anyone dealt with this?
  4. Apparently they didn't sell or transfer to JDB until 2/2020.
  5. I started the application for the Arbitration. It's requesting a brief description of the dispute, here's what I am thinking of saying (your thoughts or critique): "Plaintiff Midland Credit Management states that Defendant has incurred debt on the Walmart Account ending in 8797 and the Defendant defaulted by failing to make all payments owed on the account when due. Complaint states that the default occurred with the original creditor Capitol One Walmart Rewards who sold the debt to Midland Credit Management. The original creditor was Synchrony Bank when the account was allegedly defaulted prior to the transfer/sale between Capital One and Synchrony Bank." Do you'll think I should add or take away anything? Thank you for any advice!!!
  6. @Bulldogeris it to late to file a MTC since I've already filed my answer? I was trying to get it out way before my 30 days.
  7. It's so much information to read and decipher through and it has my head spinning. I believe that's why so many give up and these JDB are hoping for.
  8. Thank you for this information! @key22and I plan to stay connected..."each one teach one!"
  9. Do you know if there is an actual template to file the MTC?
  10. Yes, we actually just communicated via phone. Yes the statement they sent me was still Walmart/Synchrony Bank.
  11. Today I received a response to my Request for Production. Within the documents, they resent the affidavit, statements (only from when it was sold to them), and Terms of agreement page (not original application or signature). I need to know if I should respond back to the response. Who is the named plaintiff in the lawsuit? Midland Credit Management 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Smith Debnam Attorneys at Law 3. How much are you being sued for? $571l26 4. Who is the original creditor? Walmart sold to Capital One 5. How do you know you are being sued? Served a summons 6. How were you served? Sheriff' Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you live in? North Carolina/ Cabarrus County 10. When is the last time you paid on this account? 07/2019 11. When did you open the account (looking to establish what card agreement may be applicable)? 06/2014 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Answer filed with Request for Production Response received from Request for Production 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 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 (Answer was already submitted. I'm not sure if I need to respond to the response) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Itemization (just a statement saying I owe $4055), affidavit saying they are an employee of Capital One and all debt is now owned by them, Bill of Sale from Capital One, a charge off statement from 02/2020, “important information about Capital One ” which is not an agreement but a page on how they credit accounts, how they calculate interest, and the billing rights summary, a copy of my last payment in Juky of 2019. Has anyone dealt with a response after requesting for validati in Nouth Carolina or any state ? Any advice on how I move forward? Thank you in advance for any help.
  12. This thread has been so helpful. I am hoping that someone will respond since it looks like it was back in 2009 when it was created. I'm currently going back and forth with Midland right now. I received the summon and then in turn, I filed my answer and prodution letter with the court. It was certified mailed. Right before their 30 day mark approaching (which would be the 14th of June), I received the "motion for extending time." I contacted the court to confirm if the extension was approved and of course, it was. My question is, should I reply to this letter? Is there any specific letter template to use to respond to them? Thank you for all the great information! This thread has been extremely helpful!
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