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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.
This was given to me by a Justice of the Peace. 2009 updated information. Texas State Texas Justice Court Training Center Self-Represented Litigants https://www.tjctc.org/SRL Self-Help Legal Information Packet: When a Debt Claim Case Has Been Filed Against You. https://www.tjctc.org/SRL/debt-claim.html Information Packet – Click here for information on how to proceed if you have been sued in a debt claim case. Debt Claim Forms Answer Form - Use this form to respond to the lawsuit. Subpoena Request - This form is to request the court to order a witness to come to court for your case. Motion to Transfer - Use this form to request the court to move the case to a different location. Motion for New Trial - Use this form if you want to request a new trial because justice was not done in your first trial. Motion to Set Aside Default Judgment - Use this form if a judgment was issued against you while you weren’t present to request the court to hear the case over. Appeal Bond - Use this form if you wish to appeal your case to a higher court after your trial. Statement of Inability - Fill out this form if you are unable to afford court fees or an appeal bond. Texas Self-Help Legal Information Packet When a Debt Claim Has Been Filed Against You.pdf
You also have the right to sue a collector in a state or federal court within one year from the date the law was violated (some state laws allow more time). Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. The FDCPA 15 U.S.C. § 1692k(a)(2) explicitly gives you the right to sue a debt collector, or to be precise, to sue a debt collection agency that violates provisions of the FDCPA. For each and every violation of FDCPA. The attached file has a list of Small Claims Court limits for the 50 States. (Check your state's website for any special rules or exclusions.) Remember, no frivolous lawsuits. If you win a couple of hundred bucks or $1K, go to Las Vegas and celebrate for the weekend. Sue FDCPA in Small Claims Court.docx