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Found 1 result

  1. 1. Who is the named plaintiff in the suit? Spouse 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Love, Beal, & Nixon 3. How much are you being sued for? $2,715.86 plus fees 4. Who is the original creditor? (if not the Plaintiff) Dell Financial Services / Webbank 5. How do you know you are being sued? (You were served, right?) Summons 6. How were you served? (Mail, In person, Notice on door) Person Delivered Summons 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? rec'd 2 letters, ignored 9. What state and county do you live in? Oklahoma 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown, Webbank/Dell does not show on Experian, Equifax required written report request, Transunion blew up while attempting to print report, can't pull again. 11. What is the SOL on the debt? To find out: 3 years on open accounts, 5 years on written. This forum and other personal contact seems to indicate 5 years for credit accounts. 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). Petition filed and certified by court clerk on June 29, 2012. Served on July 8, 2012. No answer submitted yet. 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?Answer due to court within 35 days after service of this summons upon you exclusive of the day of service? 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None 17. Read this article: Read it. I was served a 3 page document notarized and signed by the court clerk on June 29, 2012. On July 8, 2012 I recieved the summons by courier? at my house. This document does not look like any of the previous summons that I've seen on these forums. It's very odd. [page 1] IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) SUMMONS To the below-named Defendant: Name: Address: Wife's Name Our street City: Our City State: Oklahoma Zip Code: Our Zip Home Phone: My home phone "You have been sued by the above-named plaintiff, and you are directed to file a written answer to the attached petition in the office of the court clerk of <COUNTY> County located at <address>, within thirty-five (35) days after service of this summons upon you exclusive of the day of service. Within the same time, a copy of your Answer must be delivered or mailed to the attorney for the Plaintiff. Failure to respond , in writing, within thirty-five (35) days, will result in default judgment being entered against you." BOLD: "No request will be made to the Court for a Judgment in this case until the expiration of 35 days after you receipt of this Petition and Summons. If you dispute the debt and/or request the name and address of the original creditor in writing within the 35-day period that begins with receipt of the Petition and Summons, all collection efforts, including our proceedings with this lawsuit, will cease until we respond as required by law." Issued this 29 day of June, 2012 Court Clerk By <signature> Deputy Court Clerk Love, Beal & Nixon, PC Attorneys for Plaintiff <Address> This summons was served on the 8 day of July, 2012 [Handwriting is atrocious: 8 is barely legible, 2 is supposed to represent July and \ is 2012...]. YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY SUCH MATTER CONNECTED WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME STATED IN THE SUMMONS. [page 2] June 26, 2012 <law firm's case no.> IN THE DISTRICT COURT OF <COUNTY> COUNTY STATE OF OKLAHOMA MIDLAND FUNDING LLC, ) PLAINTIFF ) ) No. <Court Case No.> vs. ) ) <SPOUSE>, ) DEFENDANT. ) PETITION FOR INDEBTEDNESS COMES NOW the Plaintiff and for cause of action against the Defendant alleges and states: 1. Unless you, within 30 days after recept of this notice, dispute the validity of the debt, or any portion thereof, we wil assume the debt to be valid. If you notify this law fir, Love, Beal & Nixon, P.C., in writing, within the 30 day perioud, that the debt, or any portion thereof, is disputed, our law firm, Love, Beal & Nixon, P.C., will also provide you with the name and address of the original creditor, if different from the current creditor. This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose. 2. Webbank/ Dell Financial Services LLC, provided credit to the defendant on a written credit card account with an account number of XXXXXXXXXXXXXXX4723. At the time of charge off, the balance was $2,715.86. The indebtedness of arising therefrom has been duly assigned to MIDLAND FUNDING LLC, , plaintiff herein. The Defendant defaulted on the obligations required under contract. 3. After all applicable credits, the defendant remains indebted to the plaintiff in the amount of $2,715.86. [page 3] WHEREFORE, Plaintiff prays for judgment against the Defendant in the sum of $2,715.86, with interest at the statutory rate fromthe date of judgment, all court costs, and a reasonable attorney's fee, and for such other and further relief as to this Court may seem aquitable, just and proper. <signature> bunch of names and #numbers ATTORNEY'S LIEN CLAIMED ---------------------------------------------