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I'm not sure how much detail is required so please bear with me. 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, Attorney for Midland Funding, LLC, Houston TX 3. How much are you being sued for? $8,708.64 4. Who is the original creditor? (if not the Plaintiff) JCPenney/Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Yes. I was served. 6. How were you served? (Mail, In person, Notice on door) I came home to the document taped to my front door. I also had a copy in my mailbox. 7. Was the service legal as required by your state? Yes. It appears that I was served legally. 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? Smith County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They say June 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2016 12. What is the SOL on the debt?: 4 years 13. What is the status of your case? I was served on 06/11/2019, I filed an answer with the court on 06/24/2019 (general denial) and I claimed the arbitration and award affirmative defense. At that time I was given a hearing date of 08/26/2019. Today, 07/09/2019, I filed a Motion to Compel Arbitration and a sworn affidavit with the Synchrony credit card agreement attached highlighting the arbitration clause. 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? I had until June 25th, 2019 and I filed an answer on June 24th, 2019 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Stephanie Bruemmer relating to damages and business records Copies of credit card statements dated June 30th 2017, November 30th 2017 and December 29th 2017 Bill of Sale Midland (ENFS)-PLCC Fresh-January 2018 Purchase Price Reconciliation/Funding Instructions (Forward Flow Accounts Purchase Agreement) Certificate of Conformity Under NYS CLS CPLR § 2309(c) and NYS CLS RPL § 299-a When I went to file my MTC Arbitration with the Justice Court today, the clerk very haughtily informed me that I would have to hire an attorney to compel arbitration. She stated that I could not do that on my own. She then asked me if I actually read the arbitration clause and I affirmed that I had. The clause that she was referencing is under the subheading: How to start an arbitration, and the arbitration process: paragraph 3, which states, "The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control." My understanding, after reading the clause, is that I DO NOT have to hire an attorney to compel arbitration. It states that arbitration administrator ( AAA or JAMS) will appoint the arbitrator and that one of the stipulations is that the arbitrator has to have ten years of legal experience. Am I wrong about this? The clerk filed my motion but did not set a hearing date and emphatically insisted that, "we just don't do that here!" I have attached a copy of the arbitration clause in full. Please help. Any information is greatly appreciated! Thank you!
Lnclark posted a topic in State Laws, Case Law, Sample FormsCan a defendant have a telephonic appearance doing a civil trial in justice court in Arizona
I am being sued by Guglielmo & Associates from Tucson AZ. The original creditor is Discover Bank. I have 20 days to answer the paperwork I was served 3/28/19. The debt is 4k. What course of action should I take? Should I answer first or file a motion? If so what answer or what motion? I am unemployed and don't have any property to seize and barely any money in my bank account. Is my car that is paid for at risk (2007) ?
?'s.and.advice posted a topic in Is There a Lawyer in the HousePlease Help, Suit filed by Portfolio Recovery Asignee of Citibank NA The Home Depot Filed as Civil Citation in Justice Court - State of Texas Amount of suit is just under $2,000.00 Count One is for Breach of Contract which states that the issuance of a card constitutes the offer of a contract. Defendant accepted by using and / or authorizing use. Issuer performed obligations by reimbursing. Defendant breached contract by defaulting on the payment, violating the aforementioned "written contract" Count Two is account stated. This was a credit card. Can account stated be used on a credit card? Count two states Plaintiff is entitled to recover because transactions between plaintiff and defendant gave rise to an indebtedness, there existed an agreement between the plaintiff and defendant which established the amount due to plaintiff, and the defendant promised to pay the indebtedness. Prayer requests response and appearance resulting in judgement for damages, just under 2k, court costs, and all other relief entitled. The affidavit states that the custodian for Portfolio is - Competent to testify in the matters contained herein - An authorized employee of PRA, and is familiar with the policies and practices, as well as the books and records of ACCOUNT ASSIGNEE with respect to the matters stated herein. The affidavit is based on their personal knowledge of ACCOUNT ASSIGNEE'S RECORD KEEPING SYSTEM and their review of the business records of the original creditor, including a review of the business records transferred to account asignee. - According to the business records, the account and all proceeds are now owned by ACCOUNT ASSIGNEE, having been sold, transferred and assigned by the seller on (xx/xx/2013). Affidavit states all power and authority has been assigned to account assignee. - According to records transferred, defendant breached terms of the account in the amount of $x,xxx.xx with respect to account ending in xxxx as of xx/xx/2012. - Affidavit states amount due, once again. - Affirms defendant is not a minor or service member. Signed and Notarized Bill of Sale is included, which makes no mention of account number, original creditor, plaintiff, and date of sale does not coincide with date on affidavit. Only one account statement is included, with account number blacked out, other than last 4 of card. Statement does not list any payment, last payment, etc. Only information is the "New Balance," which is the amount being pursued. One page of statement includes generic verbiage regarding account. No information that would indicate how balance was accrued, interest rate changes, last payment, or any payment, etc. Paperwork is very ambigous. Any assistance is greatly appreciated. I am looking for assistance regarding a proper response. Do I need to request permission to request discovery? How should I respond? Is it possible for breach of contract and Account stated? This is a credit card account. Should I bring into question SOL? Also, should I question custodians knowledge of original creditors policies and procedures, as well as their personal knowledge of account and history of how interest was calculated? Do I bring into question their mention of this being an "Account Stated?" as well as the mention of a "Written Contract?" Furthermore, Can I use defense that Sale date on affidavit does not coincide with "Bill of Sale" that was included. The bill of sale, as stated above, makes no mention of any personal information in regards to the account, original creditor, defendant, amount, etc. Sorry for the information being a bit scrambled. I am attempting to include all that seems relevant without posting verbatim, and am rushing through this as I have 14 days to respond, and only discovered this website yesterday. Any help, again, is greatly appreciated, and I can provide addtl' information as needed. Thank you all in advance, and I look forward to being of assistance in any way I can in the future on this site.