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I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.
This is the start of MY story to address, defend and clean up my outstanding debt. I have been sued by one of the major law firms that represent both JDB and OC in TEXAS. The firm operates in other states besides Texas, so their strategy may be the same outside of Texas. MY accounts in collections with a variety of collectors, have account totals ranging from $2k up to $14k. I will post the status of my defense actions and results as they progress. I am not working presently and hope the employment situation will change soon, as a result I have time to research and defend myself. First case has been filed and I was personally served. I answered the complaint with information provided on this great forum. I believe this forum is monitored by collectors so I will be careful and may or may not change location and dates of the process. I have not retained counsel and plan on defending myself all the way. I believe I am judgement proof presently because I have no wages to garnish or bank accounts to levy. But if I do get a job, that situation may change. Here is the most important thing I have learned to date: Beginning last year most courts in the US have allowed lawsuits to be filed on-line through the e-file system. This has made it extremely easy for Plaintiffs (the debt holders) to file suit against YOU & ME. They do not have to go to the court records Department to file claims against you. The courts like this because the budgets of the courts get the increase revenue from the filing fees. It is a lot easier for a court clerk to handle filings on-line then actually record the filing in person. Curiously I have not heard anything about this fact going on in our Court System. This is a lot of money flowing into the local governments. You can see this for your self by going to large counties that have there court records online. The filing attorneys have a standard template they use where they put your name, account number and amount of the debt. They file as many as 10 or more a day. There are courts that handle hundreds of flings a day, some charge $300 each to file, you do the MATH. This to ME is a revelation that will have unknown consequences on the public. Now going forward, We the public need to use this new filing systems to our advantage when possible, and that is what I am going to do and relay to the forum. Continued......
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.
Here is a copy of the complaint Plaintiff, MIDLAND Funding LLC Assignee of GE Capital Retail BANK/ SAMS CLUB by and through it undersigned attorneys,sues Defendant ME and alleges: Jurisdictional and Factual Allegations 1. This is an action for damages that does not exceed $15,000.00 exclusive of court cost 2. Upon Defendants request GE CAPITAL RETAIL BANK/SAMS CLUB (herein after the "Original Creditor" established a credit account in the name of the defendant, ME, and issued a credit card to same defendant 3. Plaintiff is the assignee of GE CAPITAL RETAIL BANK/SAMS CLUB. Account Stated 4. The Defendant had a revolving credit card account(s) ("The Account(s)") with the Original creditor and used the account(s) to obtain purchases and/or cash advances and, as a result, became indebted in the amount of $5,854.45 to Plaintiff. True and correct copies of Plaintiff's record of the account is attached hereto as Exhibit "A" 5. Plaintiff provided monthly account statements tot he Defendant reflecting,among other information, transactions to the account(s) since the preceding billing period, the total amount due on the Account(s), and the minimum payment(s) due. 6. The defendant did not object to the aforementioned account statements 7. The defendant owes Plaintiff $5.854.45 and cost of suit Wherefore, Plaintiff, MIDLAND Funding LLC Assignee of GE Capital Retail BANK/ SAMS CLUB, respectfully request entry of judgement against defendant ME in the amount of $5,854.45 and court cost