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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.
Alright so I had a judgement entered against me today. I went in confident and hoping that I was gonna walk out a winner but that didn't happen. The PRA attorney asked to speak with me before hand. He took me into a room and said he was going to settle with me. I stated I was not interested in settling and was going to ask for a motion to compel private contractual arbitration. We went in front of the Judge and I asked for the arbitration per my credit card agreement. Showed him my copy of the agreement but he didn't even look at it. Judge looks at me confused and asked me if I knew who owned the debt. I stated that PRA apparently owned the debt but I have never signed any documents with PRA stating that I would pay them for the said debt and could not validate that it was even mine. Judge asked the PRA Attorney to give me a copy of the bill of sale and they made me a copy of it. Now that I come to think of it, at the time my account was opened it was GE Money, that is who I signed the contract with. Synchrony bank took over in June of 2015 but I never resigned any documentation with them so how would that documentation be valid. The PRA Attorney has statements, bill of sale showing they owned it. Judge said that my card member agreement was no longer eligible because Synchrony bank does not own the debt but PRA does and entered a Judgment against me. Then the Attorney still states to me he is willing to settle. Weird if I just had the judgement against me in his favor. Judge said I could file an appeal. I am lost and confuse at this point on what to do.
Looking for some assistance on what to do. Back in April I filed my General denial not requesting arbitration, kind of forgot about everything and then got a letter in the mail saying I have court coming up on Monday the 7th of November. I have my member agreement showing I can use arbitration but what I want to know is if they don't back down how do I request for the private arbitration as stated in my card members agreement. Any help would be great. I would like to know how to write out the Motion to Compel Private Contractual Arbitration and what how to file it when I do go to court on Monday. I am in Dallas County, JP Court.
1. Who is the named plaintiff in the suit? Capital One Bank USA, NA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Moss Law Firm Lubbock TX 3. How much are you being sued for? 3500 ( credit card limit was $3000) 4. Who is the original creditor? (if not the Plaintiff) Capital one 5. How do you know you are being sued? (You were served, right?) served with original petition 6. How were you served? (Mail, In person, Notice on door) left it door ( not in person ) 7. Was the service legal as required by your state? Yes ( maybe) 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence at all . they had send me letters and called but I never responded or received the call . They state my phone no is unknown to them in the case filed 9. What state and county do you live in? Dallas 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) 08/01/2014 11. What is the SOL on the debt? To find out: 4 years 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 on April 13 2016 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 no interrogatory questions 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. last statement balance attached from Dec 2014 , list of facts in the petition, 1st cause of action - breach of contract; second cause of action - Account Stated, third cause of action - common law debt