jesssheka Posted May 12, 2016 Report Share Posted May 12, 2016 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.) Michael Young 3. How much are you being sued for? $2083.80 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank, N.A. 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I think so. 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, Bell County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) October 2014 11. What is the SOL on the debt? 4 years 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). Suit Served 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? I was served on March 22, 2016 and have already responded to the suit. Court is set for June 1, 2016. I did not recieve any questionnaire. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Credit card statement, Bill of sale from MHC Receivables, Affidavit of Sale, Certificate of Confromity, Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, credit card Contract I have already answered, but don't know what to do now. I have also just been served with a second lawsuit from a Portfolio Recover Assoc LLC today 5/11/2016 which I have not responded to, but will in the next few days. Like this Quote Link to comment Share on other sites More sharing options...
texasrocker Posted May 12, 2016 Report Share Posted May 12, 2016 Is this in a county or JP court? Quote Link to comment Share on other sites More sharing options...
jesssheka Posted May 12, 2016 Author Report Share Posted May 12, 2016 The top says Justice Court so would that be county or JP? Quote Link to comment Share on other sites More sharing options...
CCRP626 Posted May 31, 2016 Report Share Posted May 31, 2016 http://www.creditinfocenter.com/community/topic/327749-midland-funding-llc-affidavit-of-business-records/ Quote Link to comment Share on other sites More sharing options...
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