BonBon

Midland Funding Summons, MS

Recommended Posts

I was served on yesterday by a process server.  I have read a lot and I'm confused because the Law office included the original credit card agreement which has an arbitration section in it as well.  Don't they have to go through arbitration first????

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.) *, P.C.

3. How much are you being sued for? $715.09

4. Who is the original creditor? (if not the Plaintiff) Credit One Bank

5. How do you know you are being sued? (You were served, right?) Process server gave me a summons

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

7. Was the service legal as required by your state? Yes

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 that I am aware of.

9. What state and county do you live in? Mississippi, Harrison County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Paperwork says 6/24/2014

11. What is the SOL on the debt? 3 years

12. What is the status of your case? Suit served? Motions filed? You can find this by 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). Recently served.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, More than once

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? 30 days to respond.  They claim I am indebted to them for the amount listed above. No interrogatory. 

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit , legal officer from Midland Funding and MCM, Credit One Bank Affidavit, Ack of signature, Certificate of Conformity, Bill of Sale and Assignment from MHC Receivables, LLC, Affidavit of Sale from Credit One, another cert of conformity, another Bill of Sale from Sherman Originator III LLC, Affidavit of Sale of Accounts by Sherman Originator III LLC, another cert of conformity, a database printout of the account with my name, social, etc, 2 bill copies from January 2015 and February 2015, Credit One Bank card holder agreement, letter from Finkelstein. 

 

 

Share this post


Link to post
Share on other sites

if I were you, I would remove the "cause numbers" from both attachments, the last 4 digits of the alleged credit card, and whatever identifiable numbers are at the bottom of the complaint.

 

Share this post


Link to post
Share on other sites

If anyone can help, I just needed to know if I am doing this right.  My case doesnt seem to be the same as others I have found and I am getting confused.   Thanks

Share this post


Link to post
Share on other sites
1 hour ago, BonBon said:

@CCRP626 I dont even remember this credit card. At all. So I dont know what to do except respond for now I guess?

The last payment was allegedly 6/24/2014.  Are you currently banking at the same bank as you were in 2014?  If so, check your bank records to see if you made that payment. 

Share this post


Link to post
Share on other sites

Right now it doesn't sound like they've met the Midland CFPB order evidence list. It also sounds like since this account is a mystery you'd answer following the MS civil procedure code with deny or insufficient information.

  • Like 1

Share this post


Link to post
Share on other sites

Look at the Credit One card agreement they sent you.  It should have an arbitration provision in it.  Does it list JAMS?  If I remember correctly, that is what Credit One has in their agreements.  If yes, then I would file a general denial answer (just a blanket denial of all allegations). At the same time, after I give the clerk my answer I will hand her my Motion to Compel Arbitration.

Midland is not going to arbitrate a case for $700. No way.  My entire focus would be just to get the court to grant an order to arbitrate.  That court order will be your golden ticket.

  • Like 1

Share this post


Link to post
Share on other sites

Yes it lists JAMS.  And what is a blanket denial?  Im going to be searching though. How do I create a Motion to Compel Arbitration???

 

Share this post


Link to post
Share on other sites

So I got a packet in the mail this week for a request for production of documents from the law firm handling my case.  Now I am really lost....I don't know why they are expecting me to provide them with documentation for a debt AND on top of that, I moved to California.  So how will that affect the case they filed in MS?

Share this post


Link to post
Share on other sites

is this the case from last June? so you lived in MS when you were served, and since then nothing has happened on the case and you moved to California? How long ago did you move? Did you notify anyone from your case in MS that you were moving?

 

Share this post


Link to post
Share on other sites
8 minutes ago, shellieh98 said:

is this the case from last June? so you lived in MS when you were served, and since then nothing has happened on the case and you moved to California? How long ago did you move? Did you notify anyone from your case in MS that you were moving?

Yes this is the same case. After I filed my response, I never heard anything  until now requesting doc's from me. I moved in October of last year. No I did not notify anyone from this case - I honestly forgot all about it.  I have no idea who I would even notify and how my moving affects this case.  Like I said, I heard nothing from them after I filed my response in the court.  

Share this post


Link to post
Share on other sites
1 hour ago, BonBon said:

I have no idea who I would even notify and how my moving affects this case.

You would have notified the Plaintiff's attorney and the court clerk.  Unfortunately because they filed, you were served, and answered prior to the move they case can and will be tried in MS.  You either have to return for the trial if you can't settle it or hire a lawyer to represent you.

Share this post


Link to post
Share on other sites
2 hours ago, shellieh98 said:

is this the case from last June? so you lived in MS when you were served, and since then nothing has happened on the case and you moved to California? How long ago did you move? Did you notify anyone from your case in MS that you were moving?

It was filed in Harrison county

Share this post


Link to post
Share on other sites

I do not know how to respond to this request for interrogatories.  Some guidance?  I don't mind having to go back to MS for the case.  We don't even have a court date yet to my knowledge and also, there is an arbitration agreement so why wouldn't they arbitrate instead of they are bound by that?

Share this post


Link to post
Share on other sites
On 2/28/2017 at 10:49 AM, BonBon said:

I don't know why they are expecting me to provide them with documentation for a debt

Because if they can get you to do their work for them they make a larger profit.

2 hours ago, BonBon said:

I do not know how to respond to this request for interrogatories.  Some guidance?

It is impossible to help without knowing what they are requesting.  Post a redacted copy here.

2 hours ago, BonBon said:

also, there is an arbitration agreement so why wouldn't they arbitrate instead of they are bound by that?

Because CreditOne has an exclusion to cases filed in small claims court.  Also, the arbitration clause says either party MAY elect arbitration not that they are required to.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.