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Being sued by Forster & Garbus in NY.


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So I was just served at my door by Forster and Garbus via Midland Funding LLC A/P/O Citibank South Dakota.  They are suing me (name mispelled) in the amount of $1058.79.  I initially received a letter from them in January, which i responded with a debt validation letter.  Approx. 30 days later with no response, I sent another letter not only requesting DV but also electing to go through JAMS arbitration. Three months later in May I received there response with a copy of one statement.    

 

The summons is quite intimidating and I'm worried about this paragraph:

 

     "Upon your failure to answer, judgment will be take against you for the relief demanded in the complain, together with the disbursements of this action. Dated the 1 Day of July, 2013."

 

Not sure where to go next or why they haven't responded to my request for arbitration. Have I missed my court appearance and now have a judgement against me?

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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.)
Forster & Garbus
3. How much are you being sued for?
$1058.79

4. Who is the original creditor? (if not the Plaintiff)
Citibank South Dakota

5. How do you know you are being sued? (You were served, right?)
Served with summons

6. How were you served? (Mail, In person, Notice on door)
In person 

7. Was the service legal as required by your state?
Yes (as far as I know, not sure)

8. What was your correspondence (if any) with the people suing you before you think you were being sued?
Sent two letters, DV and DV with elction of JAMS

 

9. What state and county do you live in?
Ny, Suffolk county

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Opened 5/2009.  No Payments made

11. What is the SOL on the debt?
6 years

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Online there is no status, although I will call the clerk tomorrow. 


13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
Just the collection agency and law firm

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.
I did, via Registered Return Receipt.

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?

 

20 days.  The "charges" are for money owed that Midland Claims to have purchased from the OC

 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

 Nothing

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Questioning if this is a violation: As per my credit report as of January 2013, my Oc reported a charged off debt of 1058.79 Midland is reporting a debt of 1059. After requesting a dv from the law firm, they wrote on there letterhead balance due "1090.51" but sent one statement from the Oc reporting 1058.79 owed.

 

 

 

§ 807.  False or misleading representations  [15 USC 1692e]  ???

§ 808.  Unfair practices [15 USC 1692f]    ???

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Questioning if this is a violation: As per my credit report as of January 2013, my Oc reported a charged off debt of 1058.79 Midland is reporting a debt of 1059. After requesting a dv from the law firm, they wrote on there letterhead balance due "1090.51" but sent one statement from the Oc reporting 1058.79 owed.

 

 

 

§ 807.  False or misleading representations  [15 USC 1692e]  ???

§ 808.  Unfair practices [15 USC 1692f]    ???

 

First off, edit your posting to round off the dollars amount to the suit. F&G doesn't file too many Midland suits in Suffolk County (most are C&S) and it would be easy to find out who you are. Suffolk County participates in the electronic filing system in NY.

 

 

There is no violation based on stating "Upon your failure to answer, judgment will be taken against you for the relief demanded in the complaint, together with the disbursements of this action. Dated the 1 Day of July, 2013." This is standard for consumer debt suits in New York. It basically is required to let the defendant know that if s/he doesn't answer the suit, a default judgment is possible.

 

 

I assume that you were served in person on July 23rd, correct? The clock for answering the suit doesn’t start until the process servers files an affidavit with the court saying that you were properly served. Once that has been filed the “official start of the clock” is 10 days later. After the 10 days you have 20 days to answer the suit (or “file” an appearance depending on the type of complaint) if you were served in person or 30 days later if you were served via another method.

 

 

To be on the safe side and to give yourself some wiggle room, plan on getting off an answer by August 20th.

 

Post up the complaint (although F&G uses a bolier plate one based on their firm software). Once you get that posted, you can start with an answer.

 

Couple of queston re: arbitration:

 

What does your Citibank agreement say re: arbitration? Did you comply with its requirements and notifications? Is JAMS allowed in the agreement? Once you can supply answers to these, you can start to craft an answer.

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