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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.) Lloyd & McDaniel, PLC 3. How much are you being sued for? $2,237.74; 4. Who is the original creditor? (if not the Plaintiff) Chase Bank 5. How do you know you are being sued? (You were served, right?) yes 6. How were you served? (Mail, In person, Notice on door) mail and in person 7. Was the service legal as required by your state? I think so not 100% sure 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? nothing that I can recall the lawsuit started in 2010 9. What state and county do you live in? Indiana Deleware 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown 11. When did you open the account (looking to establish what card agreement may be applicable)? Unknown 12. What is the SOL on the debt? To find out: 6 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). Process of them trying to get a wage garnishment. https://public.courts.in.gov/mycase/#/vw/CaseSummary/eyJ2Ijp7IkNhc2VUb2tlbiI6Inl3enNLb0VJY1hvbXVMTG4xLVo0dGNhM3FFS00wcWljcl9HSEhSZWdKcmcxIn19 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 just recently found out that I could request that and I have filed a request. 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? Received interrogatory on wages I am unclear if I need to fill it out or my Employer needs to fill it out. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There has been NO evidence filled in conjunction with this case. I am just needing any kind of help in this matter. I do know it has been in the courts for 10 years now with no payments ever made on it. So I am unsure if there is any kind of Statue of Limitations on this once it hits the court. I have attempted to go in front of a judge myself (no money for lawyer) to get it dismissed and the judge did not even listen to what I was trying to say. request.docx exhibit a.docx
Think I posted this in the wrong forum originally, sorry! So I have spent literally 40 hours + reading all the amazing information on this web form (and a couple others) and decided that I am going to start a thread for those of us in Minnesota (pocket docket cluster F) and my experience in particular with Asset Acceptance as well as to ask the community for some help. Cliffs: Old CC that was paid off, they never closed the account after paid in full Didn't catch til almost $1,800 in fees/non-payment penalties etc racked up Fought with Wells offered to pay debt less interest/fees *($900) - denied Sold, sold, sold til it hit Asset Acceptance ( do not recall how many CA's actually owned the debt prior, this is my MRS CC) Summons asking for 7k in debt, plus 2k in legal fees I currently wrote my answer and kept it very simple as I read a lot of people on here get carried away with crazy affirmative defenses and stances that I do not feel the need to prove and end up sticking their own foot up their backside in front of a judge. So basically denied everything in my ANSWER and stated not enough evidence to answer therefore Denied etc (obviously admit name and address etc). So my first question before I have her go to the notary, do I need to add at the end of my denials 'strict proof needed' or some verbiage of the sorts? I feel I do not as my denial is saying just that without actually saying that correct?!?! I should ask for the proof during discovery (even if it gets to that point) Again thanks to all you out there (coltfan,BV70, Racecar etc) as I have ready hundreds of your guys' forum postings! Thanks, Erikrosey p.s. I was served 10/12/13 and have 20 days to respond (don't worry, I will respond in time). I am starting this as more of a how-to/get help along the way from you kind folks!