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I started receiving letters from lawyers last week wanting to represent me in a lawsuit so I did a search of the courts in my county and sure enough there is a suit against me from Midland Funding LLC. I called the court to confirm and was given the case number, the date it was filed, the person who was suing me and the amount. Well, I just got served this evening by a private processor. I received a packet of papers that includes something called "Plaintiff's Original Petition" which is about a page and a half that incudes I.FACTS, II.CAUSES OF ACTION AND CONDITIONS PRECEDENT, and III.PRAYER. Next is something called EXHIBIT A which is labeled AFFIDAVIT OF JENNIFER WIDHALM. Then there is a nontitled page with my name, contact information, a blacked out account number, acct open date, sale amount, 1st payment date, 1st payment amount, and last purchase date. Then there are 11 pages of information about an account with Dell Financial Services. On the bottom of the page it says "Data printed by Midland Credit Management, Inc from electronic records created, maintained, and provided by Dell Financial Services, LLC. Then there is another document titled Exhibit A BILL OF SALE starting with page 49 of some "redacted" document that describes Midland Funding "purchasing" the debt from the "seller" identified as Dell Financial Services. There is an exhibit B titled "CLOSING STATEMENT" which is about one page of a lot of "redacted" information. There is a WEBBANK bill of sale among WebBank, Dell Revolver Company, and Dell FInancial Services. A Schedule 1 which is a one liner identifying the JUNE WAREHOUSE JUNE 2013 sales WebBank.xlsx. Lastly there in AFFIDAVIT OF SALE OF ACCOUNTS BY ORIGINAL CREDITOR (WebBank). My question is NOW WHAT DO I DO? I have read many of the posts on here for representing oneself in circumstances like this. But where do I start? Any help pointing me in the right direction is greatly appreciated!
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.) KATHARINE ALLEN 3. How much are you being sued for? 1900.14 4. Who is the original creditor? (if not the Plaintiff) WEBBANK (FINGERHUT) 5. How do you know you are being sued? (You were served, right?) SERVED CITATION 6. How were you served? (Mail, In person, Notice on door) IN PERSON 7. Was the service legal as required by your state? NOT 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? NONE 9. What state and county do you live in? TEXAS, TRAVIS 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) AUG OF 2013 11. What is the SOL on the debt? To find out: 4 YEARS 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). NOT SURE 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? TILL MONDAY THE 20TH 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. ONE STATEMENT THAT SHOWS NO ACTIVITY, BILL OF SALE, SCHEDULE 1 TO BOS, AFFIDAVIT OF SALE OF ACCOUNTS BY ORIGINAL CREDITOR, ASSIGNMENT AND BILL OF SALE, SCH. 1 TO ASSIGNMENT AND BOS, AFF. OF SALE OF ACCT. BY DEBT SELLER, AND A PRINT OUT OF WHEN ACCOUNT WAS OPENED, LAST PAYMENT, LAST CHARGE AMOUNT, PHONE NUMBER, ADDRESS, NAME, CHARGE OFF DATE... ETC.
I would like to write a Motion for Sanctions so I could point out to the Court how Midland was providing them with false information. Does anyone have any suggestions as how to do that? Do I just list what they have lied about (when they rcvd my Motion, the fact that they DO arbitrate with AAA, etc?) It was suggested that it might be an FDCPA violation that they suggested we couldn't arbitrate. Does anyone know if that is correct? Any help is greatly appreciated.