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Found 2 results

  1. Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm? Midland funding LLC 3. How much are you being sued for? $749.38 4. Who is the original creditor? Citi Bank 5. How do you know you are being sued? My parents were served with papers at home where I no longer live. 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? I receved some mail every now and then but I never answered it. 9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015. 12. What is the SOL on the debt? 3 years I think. Is this when I first opened it? 13. What is the status of your case? Suit has been served. 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? 30 days I have 14 days. No questionaire. Charges are as follows: Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. see attached picture.
  2. Ok, here we go. So In june I received a summons in my door from Midland about a Chase Credit card I had somewhere around 06-07. Unforuntately I lost my job and was no longer able to afford payments on the card back then. Needless to say, it went to collections then on to Midland. When I was served, I was gracious enough to find resources much like this blog in order to properly respond seeing that I don't have the funds or resources to afford an attorney. Here are my case details; 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.) No Law Firm in particular, about 4 different attorney's names. 3. How much are you being sued for? 3496.63 4. Who is the original creditor? ( if not the Plaintiff) Chase Bank USA, NA 5. How do you know you are being sued? (You were served, right?) I was served at my home, not personally, it was left in my door. 6. How were you served? (Mail, In person, Notice on door) Notice on Door 7. Was the service legal as required by your state? Yes 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 don't recall. I think they may have mailed things out to me but, i've received so many collection notices I honestly cannot remember if they did or did not. 9. What state and county do you live in? CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Probably back in 06 or 07. I have not made a payment to Chase or to Midland since that time. 11. What is the SOL on the debt? To find out: 4 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). Pending 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, I filed an Answer and mailed a proof of service. That is all. 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? The summons was filed on 6/21, I responded with my answer (General Denial) on 6/28. I had 30 calendar days to respond and did so as requested. I was unaware up until now, but a hearing has been set sometime in May of next year. As far as my charges, It seems they are just charging me with non-payment of a debt within the last 4 years which is not true. 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. They included an Exhibit A showing a notice of new ownershp and pre-legal review, which i have no recollection of recieving, in addition, it doesn't have the correct unit number when it was sent. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits ==================================================== I have now received 3 documents and dont know the first place to begin; 1) Plaintiffs request for admissions to Defendant, Set No. One 2) Plaintiffs Demands for Production of Documents to Defendent, Set no .one 3) Plaintifs Special Interrogatories to Defendent, set no. one. Any help would be GREATLY appreciated! Are any of the responses to the documents listed above time sensitive? Thank you advance, and Bless those out there that help people from the kindness of their hearts!