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Found 837 results

  1. Hello all, I've been sued by Midland Funding LLC with the help of Kohn Law Firm in Outagamie County, WI and am at the stage where I need to respond to their Motion for Summary Judgement. They provided a 'Bill of Sale' and 'Affidavit of Sale of Account By Original Creditor' signed by SVP Sean Cooney of Citibank (the bank of the alleged purchased account) along with an 'Asset Schedule' where they blacked out information pertaining to them having 'sold a pool of charged-off accounts' as stated in the affidavit. They also included an affidavit of a MCM employee stating she reviewed electronic records showing they purchased the debt from Citibank. Lastly, they included a card agreement and credit card statements with a breakdown of charges/interest/late fees from Feb 2017-Dec 2017. Background: I received a letter from Citibank dated January 30, 2018 stating my account was placed with Midland Funding LLC. I then received a letter dated June 13, 2018 from Kohn Law pertaining to said account notifying me they were retained by Midland Funding to collect the debt. I never received anything from Midland Funding LLC directly from January to June. On November 20, 2018, I received notification I was being sued and court summons via mail. I attended pre-trial and made a spoken general submission to refute the claim on grounds Midland Funding didn't have enough evidence they owned the debt. A trial was set and then pushed back a few months at the request of Kohn. They then submitted Motion for Summary Judgement on Feb 28, 2019 and a hearing was scheduled for this Monday, April 1, to meet in front of a judge with my answer. I have consulted 2 lawyers regarding my case and didn't get much out of it so I'm hoping the experts here can lend a hand. The first lawyer told me to answer with two factual complaints - Firstly, there is no signed contract between myself and Citibank for the original debt. Secondly, there is the issue of standing Midland Funding owns the account in question - the bill of sale and affidavit presented does not list the specific alleged account. The second lawyer agreed with the second factual complaint but didn't have much input otherwise. I feel comfortable including the issue of standing in my answer but think I need a little more ammo than 1 factual complaint if I want to win a dismissal for summary judgement. I found a video on YT of a debtor who posted a video of his response in court (about 5 yrs ago) to Motion for Summary Judgement vs Midland Funding LLC where he won and am thinking of using some of his arguments. I will post what I have for an answer here - if anyone can provide advice/tips/critique/personal experiences it would be greatly appreciated! Factual dispute #1: In the card agreement provided by the Plaintiff, on Page 1 there is a strict definition of the terms ‘we, us, and our’ that refers specifically to Citibank, N.A., the issuer of the account. On page 7 under the Assignment clause, it is stated: ‘We may assign any or all of our rights and obligations under this Agreement to a third party.’ While the concept of assignment is generally understood, the definitions in this contract concerning the parties are explicit – when Citibank refers to themselves solely as ‘we, us, and our’ they neglect to mention a further signing or third party. While this contract may or may not have been assigned by Citibank to Midland Funding LLC, according to the definition of this contract in the underlying portion: ‘To the extent permitted by law, you are liable to us for our legal costs if we refer collection of your account to a lawyer who is not our salaried employee. These costs may include reasonable attorneys’ fees. They may also include costs and expenses of any legal action.’ I feel for that reason there is a question of material dispute, unless Midland Funding LLC is a subsidiary of Citibank. Factual dispute #2: ‘The Bill of Sale and Assignment’ and ‘Affidavit of Sale of Account by Original Creditor’ provided to the court by the plaintiff signed by Sean Cooney, Senior Vice President of Citibank, N.A. (CBNA), states “CBNA sold a pool of charged-off accounts by a Forward Flow Purchase and Sale Agreement and a Bill of Sale to Midland Funding LLC”. Also included is an ‘Exhibit 1 (Asset Schedule)’ and ‘Certificate of Conformity’ signed by Carolyn E. Huges. Regarding this paperwork, there is an issue of material fact Midland Funding LLC purchased a specific account under my name. Factual dispute #3: The copies of the credit card statements provided to the court and defendant are not covered by the affidavit of Latasha Wilson and are not mentioned in the affidavit. In Latasha Wilson’s affidavit, she describes herself as a Legal Specialist with access to pertinent account records for Midland Credit Management (MCM) under the assumption they are owners of the alleged account based on ‘electronic records’. I do not believe she is an employee of Citibank, however – therefore she cannot have first-hand knowledge of the account which I would believe would make her affidavit hearsay. Factual dispute #4: No signatures from myself and no witnesses as far of an oral contract, have been provided by the plaintiff in their Motion for Summary Judgement – to best of my memory, I have no recollection of this debt. Sorry for the long post, I would be forever grateful if someone can help out!
  2. Hey guys! Need help again, this is my 3rd lawsuit from midland in the past 12 months. I beat them in the two previous lawsuits and both were removed from my credit report. However, this last one has thrown me for a loop. I did exactly what I did with the last two, granted my MTC and stay pending arbitration, submitted my documents from JAMS proving that I have started the arbitration, the next day my case was closed, dismissed withOUT prejudice. I am confused to what just happened. I was granted a stay, JAMS hasn’t received payment from the attorney, my arbitration case is open, so why was my cases closed? I am not happy with the order and want it dismissed with prejudice . What I read on the JAMS site is that if they don’t pay then they close the case. Then what? I am attaching my case docket of the events as well as the orders... any suggestions would be much appreciated! @fisthardcheese @Brotherskeeper
  3. I received a certified letter yesterday from Hayt, Hayt & Landau on behalf of their client Midland Funding, reads it is a "Notice of Deposition in Aid of Execution" I am to appear approx 15 days in court and to bring various documents as proof of income & personal property. This is for a debt that I have no recollection of. It is not on my credit report. This letter came out of nowhere. It states the original creditor is Citibank. I honestly don't remember having a Citibank card, perhaps it was a department store card that Citibank owned, IDK? The letter is not notarized, so I don't even know if this is legit or just some sort of scare tactic from these lawyers. Maybe this sort of request doesn't need to be notarized? What I need to know is what do I do now? What is my next step? I don't recall this debt. If it is a department store card, it is way way old debt. It is not on my credit report. Isn't there a SOL to this? I have nothing, no property, no money, nothing. I lost my job in 2010 & became a full time caregiver for my parents.That job did not pay in dollars. My last parent just passed in April. No life insurance. I need help. Please. Thank you. Quote Edit
  4. I received a letter today from Atlantic Credit & Finance Inc, informing me Midland Funding, LLC is considering forwarding this account to a attorney in my state (Florida - St. Lucie County). The letter states: Original Creditor: SYNCHRONY BANK AMAZON Current Owner: Midland Funding LLC Current Servicer: Atlantic Credit & Financing, Inc. Balance: $4,350.23 Date of Default: 11/15/2017 Last Paid Date: 05/08/2018 (This is not correct as I have not made a single payment since defaulting) I wish to send them a debt validation letter as from what I've read on here, however I am unsure how to proceed with arbitration if they are able to validate. They have only provided me with a P.O. Box to send correspondences to, how can I get a signature with this method? What specifics should I ask for in the letter? I saw someone mention asking for an Original Agreement between me and my creditor. What should I look for in their response to let me know if they may or may not have a case against me? Debt history, invalid/outdated information, etc? Should I mention a possible arbitration or leave it out? Do any of you have a link to a good validation letter sample? Thank you so much for your time. I really appreciate it.
  5. Hi, I am trying to find what the next step to do is. I have looked at some other posts involving Arbitration titles, and not sure what to do. But I did find a questionnaire to help with defining my background. 1. Who is the named plaintiff in the suit? JBD 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under 10,000 4. Who is the original creditor? Citi 5. How do you know you are being sued? I was served papers by it being dropped off, 6. How were you served? (Mail, In person, Notice on door) The first papers where served in person. Dropped off by a guy. The Notice of Assignment to Arbitration was served through the Mail. 7. Was the service legal as required by your state? As far as I can tell Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued. Nothing, they would call and I would not answer them. 9. What state and county do you live in? Oregon, 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). I am not on the outside of the SOL. Not sure when Last payment was made. 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe the date was in 2017. 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). 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? 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'). No I did not request debt validation. 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? I have 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the first paperwork from the lawyers, they sent NO papers expect the summons paperwork. So the question I am wondering is about my letter of Notice of Assignment to Arbitration. I am not sure what to do, I thought I read that I should wait tell "JBD", sent in there paperwork for an arbitrated, but not sure (cant find it again). I have been going through a lot of forums and different websites to find information on how to fight the JDB. But not a lot of information on Arbitration. Most people just get sued, and it looks like the court sent this letter saying that Arbitration is Mandatory (ORS 36.400 to 36.425). Do you need anymore info? Anything is helpful. Thanks Just edited some names and dates. thanks
  6. I apologize if it seems like I don't know what I'm doing, for I don't. I was very surprised to find out that I was being sued for a nearly 5 year old debt. I wasn't even the one who was served; they served my step-dad at an address I haven't lived at in years (doesn't matter, I know). I don't know what to do. 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.) - Jack H. Pogosian / Alec Weston Hankins / Kristy Gabrielova / Nichol Alan De Guzman / Hyo Jin Julia Jung / Midland Funding LLC 3. How much are you being sued for? - 1,149.82 4. Who is the original creditor? (if not the Plaintiff) - Best Buy 5. How do you know you are being sued? (You were served, right?) - My step-dad was served and then I was told 6. How were you served? (Mail, In person, Notice on door) - In person 7. 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? - CA and I live in Sacramento county, but the case was filed in El Dorado County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) - May 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? - November 2014 12. What is the SOL on the debt? - 4 years 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). - So far, they just filed suit and served me 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) - Yes. 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'). - No, I did not. 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? - I have 30 days from when they served "me" which was the 15th of July. 1. States that Midland Funding LLC ("Plaintiff") is a limited liability company qualified to do business in CA. 2. That I live in El Dorado County (But I don't) 3. It says that they're unaware of my true name (it's addressed to my maiden name) and that they'll ask leave of court to amend this complaint 4. "At all times herein mentioned, Defendants, and each of them, were the principals, agency, employers, employees, masters, or servants of each of their co-defendants and ratified, adopted and approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees. 5. Plaintiff is a debt buyer 6. They're seeking to recover the amount of 1,1449.82. This is the amount due on the credit card account. 7. Plaintiff is the sole owner of the debt. Exhibit A is the copy of the Bill of Sale from CITIBANK to Plaintiff. Account was purchased on 6/29/16 8. Account balance at the time of charge-off was 1,149.82 9. An explanation of the amount that the plaintiff is seeking to recover 10. Plaintiff alleges the date of default is 7/7/15 and that the last payment was made on 5/3/15, which was made to citibank 11. Plaintiff alleges that the original creditor is at the time of charge-off was Citibank and then provides Citibank's address and the account number. 12. Plaintiff alleges that the debtor as it appeared on the records for Citibank was (maiden name) and last known address was (old address) 13. Plaintiff alleges that the name and address of all post charge-off purchasers of the debt are: Midland Funding LLC 2365 Northside Dr. Suite 300 San Diego, CA 92108 14. Plaintiff alleges that it informed me of the assignment of the account and Exhibit B is a correct copy of first written communication sent to me by plaintiff 15. Exhibit C is a true and correct copy of a monthly statement recording a purchase transaction, payment or balance while the account was active 16. The account balance at the time of charge off was 1,149.82 and Exhibit D is a correct copy of a billing statement that was mailed to me stating the balance due on the account at or around the time of charge-off 17. Plaintiff seeks to recover 1,149.82 from me 18. "As alleged above, before filing this suit, all right, title and interest to the account were sold and assigned to plaintiff. Plaintiff owns the account and is entitled to collect of the account as if it were the original creditor. To the extent that plaintiff acts in its capacity as successor-in-interest to the original creditor or its assigns, references herein to plaintiff may include plaintiff's predecessor-in-interest." 19. Prior to filing, plaintiff informed me in writing that it intended to file this action and could result in a judgement against me that would include court costs. Exhibit E is a copy of plaintiff's most recent attempt at resolving the underlying obligation. 20. Plaintiff owns portfolios of consumer receivables, which it attempts to collect, and that they generally attempt to contact consumers like me through several means, such as phone calls, letters, or other means. Midland attempts to assess each consumer's willingness to pay, through phone calls, letters, or other means. Midland attempts to exclude consumers from its collection efforts when they believe those consumers are facing extenuating circumstances or hardships that would prevent them from making payments. 21. That when Midland contacts consumers, it strives to treat consumers with respect, compassion, and integrity. 22. Despite Midland's efforts to reach consumers, only a percentage of consumers choose to engage with Midland. 23. Majority of Midland's consumers ignore calls or letter, and some simply refuse to repay their obligations despite an apparent ability to do so. When that happens, they pursue collection through legal channels, including litigation like the present action against me. "Although the account is now in litigation, plaintiff remains willing to explore a mutually-beneficial solution through voluntary payment arrangements, if possible." 24. "Plaintiff re-alleges and incorporates by reference the foregoing paragraphs." 25. "Defendant opened, used, and derived benefit from the account through the defendant's own use of the account or by another's use at the defendant's direction. By using the account, defendant expressly agreed or impliedly promised to repay plaintiff." 26. "Within the last four (4) years, defendant became indebted on the account to plaintiff in the sum of 1,149.82 on the account stated in writing by and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff." 27. "Regular monthly statements were mailed to defendant listing debits, credits, and balance due on the account, attached as Exhibit D." 28. Last payment made on the account was 5/3/15 to Citibank 29. Plaintiff has no record of me objecting to the monthly statements after receipt. 30. Plaintiff has made demand on defendant for repayment of the account stated but defendant has failed to pay the balance due. Exhibit B is a copy of first written communication requesting payment that was sent to the consumer by plaintiff. 31. "As of the date of this complaint there is due and owing the unpaid sum of 1,149.82. This amount was arrived by subtracting all payments and applying all credits (if any) to the charge-off balance of 1,149.82 as indicated on the charge-off statement, attached here to as Exhibit D. WHEREFORE, plaintiff prays for judgement against defendant as follows: On the First Cause of Action: 1. For the unpaid balance of 1,149.82; 2. Costs of suit; 3. Such other relief as the Court may deem just and proper. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Listed throughout above 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I need to respond very soon, so any help is greatly appreciated.
  7. Hello thanks in advance for any help.. from what I have read 'account stated' sounds like it is going to be a little more difficult to deal with as it sort of does not require as much evidence and I am struggling to find much info on it. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? not sure just has a bunch of lawyers listed.. a google search seems to point to Encore Capital Group.. idk 3. How much are you being sued for? about $2800 4. Who is the original creditor? Synchrony 5. How do you know you are being sued? served 6. How were you served? In person 7. 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? They may have sent mail and called. Probably never responded because I may have thought it was junk mail/scam calls. 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? Oct 2014 11. When did you open the account ? Sept 2013 12. What is the SOL on the debt? 4 years 13. What is the status of your case? suit served 14. Have you disputed the debt with the credit bureaus? I disputed collection agency twice through credit karma (on Apr 2017 and Dec 2017). 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? Case Management Conference set for Sept 2018. I have filed a general denial. The only cause of action is ‘accounts stated’. No interrogatory questionnaire received. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A - Bill of Sale, Purchase Price Reconciliation/Funding Instructions, Affidavit of Sale of Account by Original Creditor, Blanket Certificate of Conformity for Notary, Certificate of a Federal Savings Association Title Change, then a page with the electronic record with the basic account info (name, address, phone #, Charge off amount, current balance, Last payment date, etc) Exhibit B - copy of welcome letter from MCM letting them know my account had a ‘new home’ and a statement with payment options dated Nov 2016 Exhibit C - Credit Card statement from OC showing last payment Exhibit D - Credit Card statement from OC showing final balance Exhibit E - Notice of Legal Placement from MCM I am thinking I need to amend my answer.. I had done some research prior to responding but for some reason was under the impression I was sued for breach of contract so I filed my answer accordingly thinking that the burden of proof would be on the plaintiff to prove it was my debt with some sort of signed contract but after filing I re-read the complaint and saw that the cause of action was 'accounts stated'.. I dont believe the affirmative defenses I listed apply.. and I am not sure which ones would apply to my situation. so the question # 1 - How would I amend my answer? is there a certain form? What are possible affirmative defenses for 'account stated' ? I h/ave previously disputed this debt through credit karma a few months after they had allegedly sent the statement (exhibit B.) and then again a few months later. without a contract bearing my signature where is the proof I even owed the OC let alone the JDB.. question # 2 - how do you fight this particular cause of action? how do I legally argue that my silence does not mean acceptance of the debt or imply that I agreed to anything really? how I do I shift the burden back onto them and make them prove that I owe them anything? . question # 3 - This was a joint account but I am the only one listed as defendant to this case.. does that matter in any way, shape, or form? any info, good defenses, etc is much appreciated. thank you
  8. I received a court summons in the mail today. It was for a credit card I had a few years ago through Synchrony Bank that ended up being charged off in November, 2016. Midland Funding LLC apparently bought the debt, and is now going to sue me for the $1,400 balance, plus court fees. The total amount they're asking for is $1520. Honestly, I had forgotten about this debt after it got charged off. I would love to be able to just pay it off, but I just don't have the money right now, and wouldn't be able to come up with it before the court date. I don't even bring home $1,500 a month, because nearly half of my paycheck is automatically taken out for health insurance for my family. I can't make changes to my insurance elections until open enrollment for next year. On top of that my student loans just went into repayment, and I have a car payment. Most of my husband's income goes to our mortgage, insurance, and other bills. I've never been taken to court before, so I'm kind of shook up and don't know what to do. Do I need to get a lawyer for this? Is there anything I have to do before the court date (August 30). Is it possible my checks could end up being garnished for this? Is there any way of me possibly being able to get more time to pay this? Any advice would be greatly appreciated. The letter I got reads as follows: ------------------------------------------------------------------------------------------ PLAINTIFF'S STATEMENT OF CLAIM 1. The Defendant(s) owe(s) Plantiff $1437.75, plus a filing fee of $78, plus an e-filing fee of $5.00 for a total of $1520.75 because: The creditor issued a credit account to the Defendant(s). Defendant(s) made purchase and/or received cash advances on the charge account number xxxxxxxxxxXXXX. The last payment made on the account was received on March 25, 2016. The account was charged off by the original creditor on November 18, 2016 with a balance of $1437.75 Midland FUnding LLC owns this account and is successor in interest to Synchrony Bank (Ashley Furniture HomeStore), for this account. Plantiff purchased the account on December 29, 2016, and is attempting to collect the debt. Defendant(s) is/are in default for failing to make payments on the charge account. THIS COMMUNICATION IS FROM A DEBT COLLECTOR 2. The Defendant(s) has/have the following property that belongs to me ____, valued at $____, plus filing fees and costs of $______. For a total of $____. I want the Court to Order this property returned to me or make the Defendant(s) pay me money for the value of the property. 3. I believe the person(s) I am suing is/are at least 18 years old and not in the military service. 4. I understand that if I do not come on my hearing date, my case may be dismissed and I may have to pay the money to the Defendant(s) on any counterclaim that has been filed.
  9. 1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks. I’m in Ohio. Can anyone please help me with this?
  10. I need some help with this, I received a civil citation from Midland Funding on January 17,2018, I filed an Answer stating I did not have any knowledge of the information in the citation, on the 31st. One issue is it is in the wrong Precinct. it has a statement on the debt owed, an Affidavit from Mary Pikkaraine relating to business records and 4 statements. What do I do next...file to have it moved to the right Precinct or an Amended Answer asking for Original Contract? Also Synchrony Bank has an Arbitration Clause do request that? 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.) Scott & Associates, PC-Carrollton, Texas 3. How much are you being sued for? < $2608.59 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I was served at my home. 6. How were you served? (Mail, In person, Notice on door) In person, at my home. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Based on what I read there, yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I am not sure if I received anything from them, but I have not personally spoke to anyone. 9. What state and county do you live in? Texas, Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Statement in paperwork 6/2015 also states charge off 12/15 11. What is the SOL on the debt? 4 yrs Statute of Limitations on Debts 12. 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). suit served, filed answer, will have to call court 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? Had 14 days, filed generic answer charges are debt collection Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Original Petition - Affidavit of a "Legal Specialist" - 4 Account Statements
  11. I'd love some help from you guys. I got a summons and complaint 7 days ago. I've literally been doing nothing but researching for the past week. Also, I applied for legal aid, but have little hope they will help. They aren't even slated to contact me until next week. I'm going to be honest with you guys. I need a hand to hold. I have no idea what I'm supposed to do and it feels like a bottomless pit. I have a couple weeks until the deadline. So here are the facts, thus far: 1. I received a summons and complaint between my screen door and main door -along with the business card of the process server- last Monday. I plan to draft a motion to dismiss for insufficiency of service of process under Title 12 of the Oklahoma Statutes § 12-2012(b)(5) and § 12-2004. I've drafted a motion for this, along with a very basic Memorandum and Points of Authority outlining and quoting the above laws (basically stating that service wasn't valid because it wasn't given to me face to face. I plan to also write an affidavit and add it. I know that I have to send a copy of this to the other side and add a section that certifies that I sent it. QUESTION 1: Do I need to file an Notice of Appearance or a statement that I am representing myself Pro Per/Se? DISCUSSION: It might seem a little petty, but I feel like it is my right to be processed competently, and if this is the current local practice, it needs to be nipped in the bud. Also, I could use the extra time to respond seeing as how I am not a legal expert and it takes time to learn this stuff. In fact, I thought about motioning "TO DISMISS PURSUANT TO RULE 12(B)(5) FOR INSUFFICIENCY OF PROCESS OR IN THE ALTERNATIVE, EXTENDED TIME TO ANSWER OR RESPOND TO COMPLAINT." But I don't know if that second ask will make me waive my right to other defenses that I might want to keep. 2. They sent an "Affidavit of Indebtedness" --the official complaint calls it an 'Affidavit of Account' and I would love to point out that distinction if its ever useful to me, but i figure its just a small error and oversight. Still, I have an English degree and we are only second to lawyers about pointing out this sort of error- So the Affidavit is actually pretty much blubber and hearsay. No surprise there. In fact, I pretty much found the exact text of this affidavit online. I'm guessing it's an auto-form document. So, I'd like to motion to strike it from evidence or at least take all the teeth out of it because of the hearsay. 3. The complaint states that (specific info redacted) "1. BUBBA GUMP CREDITOR provided credit to the defendant on account number BUNCH-A-NUMBERS. Defendant defaulted on the obligation. The account has been assigned to Plaintiff. 2. Defendant owes Plaintiff $3333.33. An Affidavit of Account is attached hereto and incorporated by reference." 4. The Affidavit of Indebtedness (County of Stearns, Minnesota -- where all the women are strong, all the men are good looking, and all the children are above average, no doubt) states: (SPECIFIC INFO REDACTED) “PATSY MIDLAND, whose business address is 16 McLeland Road Suite 101, St. Cloud, MN 56303, certifies and says: 1. I am employed as a Legal Specialist and have access to pertinent account record for Midland Credit Management, Inc. (“MCM”), servicer of this account on behalf of Plaintiff. I am a competent person over eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on Plaintiff’s behalf. Plaintiff is the current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to Defendant’s BUBBA GUMP account XXXXXXXXX0000 (MCM Number 0000000) (hereinafter “the account”). I have access to and have reviewed the electronic records pertaining to the account maintained by MCM and am authorized to make this affidavit on Plaintiff’s behalf. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by MCM in connection with servicing the account since the date the account was purchased by Plaintiff. 2. I am familiar with and trained on the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation is made at or near the time of the act or event. 3. MCM’s records show that Defendant(s) owed a balance of $3333.33 as of 2017-08-21. 4. On or about 2016-11-16, MIDLAND FUNDING LLC became the successor in interest to this account. 5. Based on my review of MCM’s business records, 1) Defendant(s) opened the BUBBA GUMP CREDIT account on 2013-01-11; 2) the last payment posted to the account on 2016-03-22; and 3) the account was charged off on 2016-10-23. 6. On or about 2016-10-23, the account was sold from BUBBA GUMP CREDIT to ANOTHER CREDIT SERVICE L.L.C.. The account was then sold to the following debt buyers in order of occurrence on or about: 1. 2016-11-16, MIDLAND FUNDING LLC 7. If called to testify as a witness thereon, I could and would competently testify as to all the facts stated herein. I certify under penalty of perjury that the foregoing statements are true and correct.” 5. This is the only paperwork I have received. And I see a dozen other things I can possibly do. For example, I am a member of a federally recognized tribe living within that tribe’s jurisdiction on property owned by said tribe, in a house owned and leased by said tribe. I even work for said tribe. Technically, I could claim that the court lacks jurisdiction. But, then, I would have to do more research on tribal law (which probably mirrors state and federal law). I would gain no advantage other than time, and possibly lose several advantages. Something else I have been toying with (but admit I don’t know if it applies) is filing to dismiss for failure to state a claim based on threadbare recital/mere conclusory allegations, based on Twombly & Iqbal. Still another thing I could do is motion for the production of documents. Or send a letter of Debt Verification. Not to mention other Affirmative Defenses like Failure to Consider etc etc etc. But I don’t want to be frivolous about this. So, QUESTION 2: Do I roll some or all of these things in a big motion and slap them with it? Or do I motion the insufficient service first, and strategically collate a few of the other issues I can raise? Mainly, I fear waiving my rights to certain defenses if I do things in the wrong order. I want to bring up the insufficient service. I want to strike the affidavit as hearsay. I want to force them to produce any documents they have (And I’d just love to send THEM interrogatory during discovery.) But, I must say, my head is spinning and I have no idea where to start. Someone, please pull me to earth and pave the way. I can do the work and research, but the direction is lacking. Thanks for all the help, guys.
  12. Hi all, I recently found out that I have an active lawsuit with Midland Funding. However, I found this out through a letter an attorney sent me advertising their services for the lawsuit. I then requested the documents online via my county's civil court online search to view the summons and claim. I still have yet to be served summons or even indication that they have been attempted to be served, online it says the summons were issued 10/13/17. The address on the documents is my dad's house and I have told him about the situation but he hasn't received anything. When I found out about this, I panicked because I am pretty young and 'new' at being an adult, so it was all very scary. As soon as I found out about this, I contacted Midland Funding to see if I could set up a payment plan. I also explained that I never received notice 30 days prior to the lawsuit that court action would be taken, which is a requirement under Florida statutes, and that I haven't received summons either. I did provide them with an updated address. They offered me a plan but said they wouldn't drop the lawsuit until the debt was paid. I accepted the offer verbally, but have yet to receive any confirmation or documentation that this plan exists. They were supposed to mail me a contract a week and a half ago and I have not yet received it. I've read a few of the threads here but I have a couple of more specific questions that I haven't seen answered. I know I kinda shot myself in the foot by calling them for a payment plan and thus accepting the debt, but I thought I would be able to resolve this without a court date. Really my concern at this point is trying to avoid paying their court fees on top of the debt. Is that even possible? -If I do not receive the summons before the pre-trial date, should I still go? Will this increase my chance of the case being thrown out? -A few things I've read said that if they are unable to serve to the address they can try employers or publishing in the newspaper. Is that true?? What's the chance of that happening? -Should I respond to the summons though they haven't officially been served? -Really just any general advice on what I can do from here would be great. I have a little less than a month until the pre-trial date.This waiting game is really frying my nerves. 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.) I'm not sure... the only other name I've seen on anything is Encore Capital Group Inc. The MCM/Midland Funding website says my account is now being serviced by them. 3. How much are you being sued for? $1,596.27 plus cost of suit 4. Who is the original creditor? (if not the Plaintiff) \ Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I haven't yet been served. Summons are supposed to go to my dad's house and he hasn't received anything. I received a letter from a local attorney that said they got the records online and included a copy of the summons. This was not through certified mail, either, just a regular envelope. 6. How were you served? (Mail, In person, Notice on door) N/A 7. Was the service legal as required by your state? N/A Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have an existing payment plan with them for a different account that I have been paying off for over a year. But I had not responded to anything regarding this specific account. After I learned of the lawsuit, I called them to negotiate a payment plan. 9. What state and county do you live in? Florida, Leon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? 2011 12. What is the SOL on the debt? To find out: 5 years Statute of Limitations on Debts 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). I have a Pre-Trial date set for 12/5/17 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). 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? 5 days prior to the pre-trial date of 12/5/17 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 statements from OC, affidavit of sale from OC, bill of sale from OC, copy of letter from MCM to me notifying me of the sale of the account from OC (addressed to my dad's residence that I was not living at). Only identifying information on these documents is my name and past address, doesn't include OC account number.
  13. So I got a letter June 21st from a Law firm representing Midland Funding LLC about an old Credit card debt I thought I had paid off. So I immediately fired off with a debt Validation letter that was sent delivery confirmation. I was very specific on the debt validation letter and specified that they need to respond by 30-days and also stated that there client needed to stop reporting me to the collection agency while this debt was in dispute. In September I get a certified letter telling me I am being sued, and had my first mediation date, in that mediation date I was very clear that they violated the FDCPA and was in defamation of character. We saw a judge but because the efile system was down and the lawyer for Midland had no clue about the Debt validation I new mediation time was set for this Nov 7th. In that time I have since counter sued for violation of FDCPA, Time, Stress, and Defamation of Character. So I submitted my counter suite and all the attachments and now I am just waiting... I am just nervous and not sure what to do from here as I have never sued or counter sued anyone before.
  14. Here is my questionnaire info. 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.) 3. How much are you being sued for? 1300 4. Who is the original creditor? (if not the Plaintiff) Credit One 5. How do you know you are being sued? (You were served, right?) Served with summons paper. 6. How were you served? (Mail, In person, Notice on door) In person, someone delivered to me. 7. Was the service legal as required by your state? As far as I know, it was filed with a district court. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I have not spoken to them at all. 9. What state and county do you live in? Washington state, Cowlitz county. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2014 11. What is the SOL on the debt? To find out: Looked on creditcards.com and it says 6 years for WA. 12. 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). Summons was delivered, that's it. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? It says 20 days after the service or summons 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing at all. In the complaint, the first sentence is "The plaintiff is a legal entity having paid all licenses and fees if required by law and is authorized to bring this action." I have seen a similar thread in this state, but i never did see the outcome. Looking for some ideas and help on how to win this. This is my response to the complaint. Superior Court of Washington, County of Cowlitz Plaintiff: No. MIDLAND FUNDING, LLC, ANSWER AND AFFIRMATIVE DEFENSES v. Defendant: MICHAEL BOLLICH I. Answer Defendant answers the complaint as follows: 1. I admit the statements in paragraph numbers 2. 2. I deny the statements in paragraph numbers 1 except for the following statements: N/A 3. I lack knowledge about the truth and so deny the statements in paragraph number(s) 3, 4, 5, 6, 7, and 8. II. Affirmative Defenses My other defenses are: T General Denial: I deny the allegations in the Complaint T Plaintiff lacks standing and does not have authority to bring this lawsuit. £ I am eligible for Charity Care for my hospital debt. £ I did not receive a copy of the Summons and Complaint £ I received the Summons and Complaint, but service was not correct as required by law. T I do not owe this debt. £ I am a victim of identity theft or mistaken identity. I am not responsible for this debt. £ I have paid all or part of the debt. T I disagree with the amount of the debt/the amount is incorrect. £ Statute of limitations (the time has passed to sue on this debt). £ This debt was discharged in bankruptcy. £ The collateral (property) was not sold at a commercially reasonable price. £ Unjust enrichment (the amount demanded is excessive compared with the original debt). £ Violation of the duty of good faith and fair dealing. £ Unconscionability (the contract is unfair.) T Laches (Plaintiff has excessively delayed in bringing this lawsuit to my disadvantage). £ Defendant is in the military. DATED this _________ day of ________________, 20___. ___________________________________________ (Signature) Name: Address: Telephone: I haven't filed this yet so please let me know what you think.
  15. I've read alot of forums today about Midland funding suing for debt they bought from a creditor. I had a past one (actually today) that I paid a lawyer to take care of well he won my case. Now Midland funding is suing for another debt I had also. I don't want to pay another lawyer. If I had all that money I would have paid off the debt myself. Now this one is suing me for less than the one I had hired a lawyer for. I already called the magistrate office to defending my case. So I know I'll have a different paper coming in the mail. My question is do I just go in that day let them interrogate me and I just keep saying no and just keep repeating I need proof of this debt. And that I never signed a contract with them? Also I've read that people also send something to the attorney and magistrate office stating they need to show me all the proof before hand?
  16. I received a packet from Midland Funding LLC with the first page basically the judge granted them permission to serve me though the mail. That was signed on 6/27/2017. The citation is attached and says it was filed 5/1/2017 and had 14 days to respond. I didn't receive it until 7/26/2017 because it was forwarded from my old address to my new one. I also have an affidavit relating to damages and business records from Midland. In that my account number is covered; not sure if that matters, and it says when the account was charged off 2-26-2015 and when Barclays bank sold it to Midland 9-30-2016 and that as of 3-6-2017 nothing has been paid off. Along with those documents they also have a bank statement copy from Barclaycard (Again, account number is covered and my address) of the month I stopped paying; August 2014 and a copy of the bank statement from March 2015 that included all the late fees and monthly charges. The debt is $2,955.93. I know the debt is mine, how would I respond to it with each paragraph? Do I admit to every paragraph? I've included copies. I really rather they just take my income tax next year because I usually use it to pay off smaller bills like other credit cards and medical bills.
  17. I was served with a lawsuit from Midland Funding today. Lawsuit was filed in Justice of the Peace Court in Texas. 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.)Chase Hague, Houston, TX 3. How much are you being sued for? $5xxx 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes, I believe so Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None, if they called they never left a message. I don't answer calls that aren't in my contacts. 9. What state and county do you live in? Texas, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/05/2014, according to included documents 11. What is the SOL on the debt? To find out: 4 years Statute of Limitations on Debts 12. 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). Served, I have 14 days to respond 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. 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? 14 days from today, 7/8/17 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Copies of 2 credit card statements from Dec 2014/Jan 2015 and July 2014/August 2014 billing periods, Bill of Sale, Data Sheet that contains basic account info (my contact info, date acct opened, charge off date, date of last payment etc), Portfolio Level Affidavit of Sale, Certificate of Conformity. I know I need to file a answer to the court. Is there a specific forum where I could find a template to use for my response? Should I be concerned that they have these old statements? I have included a redacted copy of the documents I was served today. Any guidance would be greatly appreciated. JusticeCrtCivilCitation_Redacted.pdf
  18. I WON TODAYYYY!!!! MIDLAND FUNDING filed a lawsuit against me in Lancaster County Pennsylvania claiming that I owed a debt to an old credit card company. They had a lawyer out of Philadelphia Pennsylvania file against me in my local Magistrate Office. I was in the middle of moving when the first notification came through and missed the court date. Thank God the judge did a little research on Midland funding and decided to extend the date requiring Midland to prove that they own the debt and to prove how they got to the amount of that debt and to prove they have the right to have the debt. I think he called it 319b a local Magistrate ruling they can use. So when the new date came up I showed up for trial. I WAS SO SCARED!!! I ALMOST DIDN'T GO!! When I came across this website I began to gain confidence and decided to fight back. Midland funding LLC chose and attorney in Philadelphia to send me a letter that only showed the amount the last 4 digits of the credit card number and my name. They filed that letter with the local magistrate and I received a certified letter saying that I was being sued. I began to read about who Midland funding was because I did not know anything about them and I learned that they were buying debt by the thousands for only Pennies on the dollar and it made me even more angry. I put together a document "answer to the complaint" and a "request for documents", hoping Midland would have to prove their case. When I arrived there I was upset but ready to battle. They sent me into the Courtroom. I stood up as the Judge walked into the room. He said Thank you and allowed me to sit. He said, I did my research on Midland Funding and found they are a debt buyer and for pennies on the dollar. He said, Do you see Midland Funding or its Reps in the room? I stood up and said, no your Honor. He said, well do you have anything to say to the court today regarding your case? I stood up and said, I have prepared an answer to file with the court and he interrupted and said " well that's the beauty of your local court and answer is not required" He said AS HE LOOKED AT THE EMPTY PLAINTIFF SEATS WHERE MIDLAND WAS TO BE, " do you have any requests of the court today considering Midland funding is not present? And he kept saying that and then I got what he was saying and I said "um your Honor, I would like the CASE DISMISSED?" In a questioning voice. The Judge said CASE DISMISSED, DEFAULT JUDGEMENT ENTERED FOR THE DEFENDANT He reminded me they have 30 days to Appeal and good luck!!! YEAH, SO PLEASE SHOW UP NO MATTER WHAT!!! NO MATTER WHAT!!! TRY NO MATTER WHAT!!! #HappygirlinLancasterCounty
  19. Hello, I've been a wreck these past few days thinking about this lawsuit. I had no idea this could be done until NOW (sorry about the caps, but I'm really screaming). To get back on topic, I began receiving notice of this lawsuit earlier this month about a credit card debt sold by Sears/Citibank to Midland Funding through lawyer advertisements. I never received notice of this company purchasing this debt or this debt because I had been a victim of identity theft and I'm in the process of getting my credit repaired. The pretrial hearing is set for 07/21/17. I went to my local legal aid office because I'm a teacher and I can't afford an attorney at the moment. I was told to let it go to final judgment, keep my bank accounts low, warn my job about the garnishment requirement and to fill out an exemption form. I saw what was posted here and kind of thought that didn't seem like sound advice. Here are the specifics: 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.) The name listed at the top of the complaint is Midland Funding LLC and the attorneys have mcmcg.com (Midland Credit Management) email accounts 3. How much are you being sued for? $2,406.56 4. Who is the original creditor? Citibank, N.A., an issuer of Sears Premier Card 5. How do you know you are being sued? Received summons and complaint 6. How were you served? (Mail, in person, Notice on door) My daughter's grandfather signed for it on 06/22/17 7. 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? Did not receive letters until lawyer advertisements started coming. Phone calls from India led to dead air and no responses. They also contacted me during work hours, with the calls starting at 7:00am and ending at about 9:30 pm, about every 45 minutes to an hour 9. What state and county do you live in? Florida, Miami-Dade 10. When is the last time you paid on this account? According to the complaint 09/11/2015 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, February 20, 2017 on the grounds that this debt was inaccurate. 14. Did you request debt validation before the suit was filed? NO 15. How long do you have to respond to the suit? 20 days 16. What evidence did they send with the summons? Credit Card statements (printed from the internet), bill of sale (no account number), EXHIBIT 1-Asset Schedule (all account information has been redacted and blacked out), affidavit of sale of account by original creditor (no account number and looks to be photocopied), certificate of conformity, and a letter I never received. I thank you for your consideration in this matter.
  20. Hello everyone, I discovered I had an open case with midland funding (Florida) by a family member alerting me of 'someone asking for me' where I used to live. Long story short : - Have fallen back on payments due to illness and have proof of surgery earlier this year - No personal job, wages, assets that can be garnished - I do not currently live in Florida Credit bureau shows account opened on : Date opened: 11. 30. 2015 Reported : 6. 15 .2017 amount: 8000 - Advice thus far: contact by phone /mail and let them know of hardship w/proof? while also denying/asking for proof of debt? I want to let them know I am now aware of this bill and prepared for a resolution.
  21. Hello, I started reading some posts after getting served today with a court summons. Midland funding bought my $300 CC debt which somehow appears as $661 on the paperwork and it is really stressful as I am trying to fix my credit at this time. I cannot get a judgement against me or it will ruin my credit which I've managed to build since late last year to a decent score. Please help!!
  22. Hello All, I received a summons from Midland Funding that they are sueing me. I am sending my answer letter, plea for jurisdiction, and a special exception to account stated. I hope this is correct. I need to know what I should do next. The details are listed below. (I was also summoned with a copy and not the original documents. Does this count against them?) Here is my info: 1. Plaintiff: Midland Funding LLC as successor in interest to Synchrony Bank 2. What is the name of the law firm handling the suit? Scott and Associates PC. 3. How much am I being sued for? 2,041.00 4. Who is the original creditor? JC Penney (Synchrony Bank) 5. How do I know I'm being sued? Papers delivered to my home. 6. How was I served? Copies of the original delivered to my home, I didn't have to sign anything. They just handed me a copy and said call this number. 7. Was the service legal as required by my state? I do not know. 8. What was my correspondence with the people suing me before I thought I was being sued? I have not spoken with them. Only letters recieved in the mail 9. State and county I live in: Harris County, Texas 10. When was the last time I paid on account? May 9, 2014 11. What is the SOL on the debt? I believe 4 years. 12. Status of case? It has been filed in the Justice Court Clerks office as a Civil Suit. I just sent my answer letter. 13. Have I disputed the debt with the credit bureaus? NO 14. Did I request debt validation before suit filed? No 15. How long do I have to respond to the suit? says 14 days from my receiving the summons. 16. What evidence did they send with the summons? A copy of the original petition. Like this Quote
  23. NH Small Claims suit brought by Midland Funding LLC. I can;t find a lot from NH for small claims This was a Synchrony/Amazon card and the amount being sued for is $2,995.08. There were absolutely zero documents attached to the complaint - how is that possible? I was served by mail (that's how they do it for small claims). I think I might be able to win this but the Rules of Evidence don't apply in small claims and and I am confused as exactly what this means. How am I suppose to know what Midland has for proof of ownership of debt/standing to sue me? Is this a normal thing for them to do? I would think that when I show up that I would be allowed to review what they have? I have to respond, and I will deny, but because I have no idea what they have, I am not sure if I should just file for arbitration or take the chance and ask for trial? I'm confused by the lack of any documents! I want to wait to file until the day before it's due to give more time to prepare. The complaint states: Plaintiff is the successor to the original creditor for the account described in the Statement of Consumer Debt. After the defendant established and used the account, the creditor sent statements of activity and balance. Defendant failed to pay the stated amount. Plaintiff sues upon account stated to recover the outstanding balance. The Statement of Debt reads: Statement of Consumer Debt: Basis for this Statement: Information provided by my client Basic information for cases arising from the extension of consumer credit: Account number: last 4 Date of last payment: July 2014 (within the NH SOL of 3 years) Amount of last payment: $70.00 I did receive notice from law firm in November 2016, that they were hired to collect on behalf of Midland. I sent a debt validation; no response other than to be served with Small Claims suit. Thank you, very much!