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Jaylaw
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@Jaylaw

Welcome. We need much more info from you in order to help. Please answer the questions found in the post below. Round up the amount of the debt and make certain not to post info that identifies you and your specific case. We need to know what has been submitted by plaintiff and by you so far. Have you checked to see if the alleged original credit card agreement contains an arbitration clause in AAA or JAMS? 

 

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1. Who is the named plaintiff in the suit? Midland funding llc and some lawyers

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)  

3. How much are you being sued for? 1400

4. Who is the original creditor? (if not the Plaintiff) g.e capital/syncrony 

5. How do you know you are being sued? (You were served, right?) guy came to my door closed it on him he left papers on my door step I live in a apartment building.

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

7. Was the service legal as required by your state? Just assuming looking into that now 

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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.) no law firm named just lawyers listed

3. How much are you being sued for?1400

4. Who is the original creditor? (if not the Plaintiff) synchrony bank

5. How do you know you are being sued? (You were served, right?)papers left on by door after closing the door on a stranger in an apartment building.

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

7. Was the service legal as required by your state? i don't believe so couldn't find anything specific.

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? michigan washtenaw 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4/2015

11. What is the SOL on the debt? To find out: 6years

Statute of Limitations on Debts

12. What is the status of your case? filing pre trial statements already sent an answer that I don't know about the debt or anything else.    Suit served? Motions filed?They asked for 60 to 90 days to get evidence from oc. 

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?no 

15. How long do you have to respond to the suit? 8/18/16 for pre trial statement. should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically.

1. The Defendant resides within this court's venue and venue is proper in this court.

2. The amount in controversy is within this court's jurisdiction.

3. Plaintiff, Midland Funding LLC owns portfolios of consumer receivables, which it attempts to collect. When
workin
g with individual consumers, Plaintiff, Midland Funding LLC and its affiliates generally attempt to contact
consumer
s like Defendant through several means, all in an effort to establish contact and to resolve the underlying
obl
igation. In doing so, Midland Funding LLC attempts to assess each consumer's willingness to pay, through
phone calls, letters or other means. Midland Funding LLC attempts to exclude consumers from its collection
efforts, where Midland Funding LLC believes those consumers are facing extenuating circumstances or hardships
th
at would prevent them from making any payments.

4. When Midland Funding LLC contacts consumers, it strives to treat consumers with respect, compassion and
integrity,. Midland Funding LLC works with consumers in an effort to find mutually-beneficial solutions, often
offering discounts, hardship plans, and payment options. Midland Funding LLC's efforts are aimed at working with
consumers to repay their obligations and to attain financial recovery. Midland Funding LLC strives to engage in
di
alogue that is honorable and constructive, and to playa positive role in consumers' lives.

5. Despite Midland Funding LLC's efforts to reach consumers and resolve the consumer's obligations, only a
perc
entage of consumers choose to engage with Midland Funding LLC. Those who do are often offered discounts
or payment plans that are intended to suit their needs. Midland Funding LLC would prefer to work with consumers
to establish voluntary payment arrangements resulting in the resolution of any underlying obligations. However, the
majorit
y of Midland Funding LLC's consumers ignore calls or letters, and some simply refuse to repay their
obli
gations despite an apparent ability to do so. When this happens, Midland Funding LLC must decide then
whether to pursue collection through legal channels, including litigation like the present action against Defendant.
Althou
gh the Account is now in litigation, Plaintiff remains willing to explore a mutually-beneficial solution through
v
oluntary payment arrangements, if possible.

6. The Defendant had an agreement for alan ~originally with ~YNCHRO~_N_K_. __ -'

7. The Defendant has defaulted in payments on the above mentioned account, said account being shown 111 the
attached Affidavit and Statement of Account.  

8. Midland Funding LLC purchased the account shown in the attached Affidavit and Statement of Account and was
assigned all rights to the account in the normal course of business.

9. Midland Funding LLC has notified the Defendant of the above mentioned account and the Defendant has failed to
pay for same
.

 

10. There is presently due and owing over and above all legal counter-claims the sum of $1,336.27. See attached
Affidavit and Statement of Account.

11. Midland Funding LLC requests Judgment for $1,336.27 plus court costs and statutory attorney fees pursuant to
MCL 600.
2441.

Did you receive an interrogatory (questionnaire) regarding the lawsuit? is that the civil answer?if so then yes

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 , bill of sales a lot of print outs thats been blacked out.  affidavit of sales of account by oc. blanket certificate of conformityand  more blacked out stuff saying field data account activity sheets blacked out account number looks like an old statement. List anything else they attached as exhibits. 

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54 minutes ago, Jaylaw said:

Did you receive an interrogatory (questionnaire) regarding the lawsuit? is that the civil answer?if so then yes

No. The Civil Answer is the defendant's response to the Complaint that you filed with the court and then sent a copy  of to the plaintiff. We need to see your Answer. 

[An interrogatory is a question to be answered under oath as a part of discovery.  A request for production of documents is another type of discovery request. An admission is statement to be admitted or denied by a strict deadline; failure to respond to an admission by the deadline means the statement is admitted. Discovery requests and admissions are exchanged between parties, outside of court, to be completed by deadlines imposed by court rules of civil procedure or your judge.]  

6 hours ago, Jaylaw said:

16. What evidence did they send with the summons? An affidavit, statements from the Oc , bill of sales a lot of print outs thats been blacked out.  affidavit of sales of account by oc. blanket certificate of conformityand  more blacked out stuff saying field data account activity sheets blacked out account number looks like an old statement. List anything else they attached as exhibits. 

Does this affidavit refer to your alleged account specifically? 

No copy of the alleged GE Synchrony account agreement included? I would suggest you read up on  the arbitration strategy here at CIC. This may be an option for you to consider. 

 

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7 hours ago, Jaylaw said:

It only shows the last four numbers so I honestly don't know. And I already received their pre trial statement 

@Jaylaw

You have not provided your answer to the complaint as requested. When did you file your answer? More than 14 days ago? 

To be clear: the affidavit from the original creditor (GE Synchrony) attests to a specific account with last 4 digits displayed being sold.  (I am not a lawyer.) If plaintiff has submitted documents from the original creditor showing an unbroken chain of title and transfer of your specific account number, you have a heavy lift.  What is your strategy? 

 

 

 

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@Jaylaw

Posting questions in this thread is the best way to receive assistance. Please understand that members here volunteer their time, on their own schedule and preference. We may offer help by pointing you to links that have information you should find useful. If you  do as much research and reading of the info found on this site as you can, many of your questions will be answered.  I ask that you read and reread very carefully. Answer all questions we ask.  It's very important that you learn to do this. 

We can't see the documents you have. Your descriptions of what has happened so far in your case lack necessary detail. You and we may miss critical info.  What help do you need on a pre-trial statement? You haven't posted it or posted the plaintiff's pre-trial statement.  Not all Michigan district courts require those, so please don't assume we know what you need to do. 

I am not a lawyer. If I were in your situation, I'd probably consider filing an amended answer to include an agreement to arbitrate as an affirmative defense. I would go to http://www.consumerfinance.gov/credit-cards/agreements/ and find the copy of the GE Synchrony credit card agreement that applies to the alleged account. I would send a letter to plaintiff via its attorney electing private contractual arbitration. Then I would file a motion to compel arbitration if plaintiff refuses to dismiss. This strategy is outlined in the thread I linked to in a previous post above. For the amount of this debt, plaintiff will likely not want to follow you into arb. No guarantee, but this strategy has been successful with Michigan posters recently. 

From what you've described, but have not shown us, there is an affidavit from the original creditor that specifically contains the last 4 digits of your account as having been sold to your plaintiff. As I mentioned, it looks like there is enough to demonstrate plaintiff's standing. I asked you before, what is your strategy?

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Honestly going in blind. Never had to deal with something like this before. But its hard because I don't have any income and I don't own anything trying to find out about waivers and things like that as well for motions. I was thinking as far as no singed contract

 

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• How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section. SECTION IV: OTHER IMPORTANT INFORMATION TJX REWARDS® CREDIT CARD ACCOUNT AGREEMENT

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@Jaylaw

Is this agreement a.) specific to your alleged account, and b.) from the time period between when the account was opened up until the time it was defaulted upon?

Where did you get this? You will need to submit an affidavit (sworn statement) attesting this is the correct one, and will be challenged by your plaintiff if it isn't the right card or time period. 

(IANAL) FYI--a credit card agreement signed by you is not required in this type of lawsuit; evidence of use of the card and/or payment on the account constitutes acceptance of the agreement--unless this is a case of theft. 

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1 hour ago, Jaylaw said:

yes it is. from the syncrony website. 

 

Is that a 2016 agreement? I believe you need a 4/2015 or earlier agreement. The government website I linked to above has 2015 agreements.

 

1 hour ago, Jaylaw said:

midland also claims to have a hardship thing for disabled/handicaped without income I was thinking about that as well. 

I'm sorry you're facing this. You have nothing to lose by contacting Midland to see if you fall into their hardship category. Have you tried to contact legal aid in your area for a consultation?

http://michiganlegalhelp.org/self-help-tools/consumer/ive-been-sued-debt-collection-case

http://www.ewashtenaw.org/government/departments/port/legal

1 hour ago, Jaylaw said:

so how do I apply for arbitration

 

@Jaylaw

You don't apply for arbitration, you elect it or motion the court to compel plaintiff to enter arb. You have to follow some procedures to file paperwork in and out of court. Did you click on this and read it? 

 

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10 hours ago, Jaylaw said:

midland also claims to have a hardship thing for disabled/handicaped without income I was thinking about that as well. so how do I apply for arbitration

 

Jaylaw,

Fighting a lawsuit, even with arbitration, takes time and effort.  You will have to work at it.  I don't know the state of your health, but if you are disabled, the easiest way out for you may be to contact Midland per their Consumer Bill of Rights:

 

Article 2: Hardship

Consumers Who Are Servicemembers, Victims of Natural Disasters, or Who Are Experiencing Medical Issues, Job Loss, or Other Hardships 

-We actively seek to identify active duty servicemembers and stop collections from those servicemembers.

-We suspend collection activities when a consumer demonstrates that he or she is experiencing significant financial hardship due to medical issues.

-We suspend collection activities when a consumer is a direct victim of a natural or other catastrophic disaster.

-We cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets. We work with and are sensitive to consumers who encounter unforeseen circumstances, such as job loss.

 

 

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  • 2 weeks later...
On 8/1/2016 at 6:27 PM, Jaylaw said:

This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit.

^^^This is from the agreement you found.

15 minutes ago, Jaylaw said:

can you elect to arbitrate after your answer has been submitted?

@Jaylaw

If you did not list the existence of an agreement to arbitrate disputes as an affirmative defense under the AFFIRMATIVE DEFENSES heading in your original Answer, you may ask the court for leave to file an amended answer. You do that by motion.  You would need to send a notice by letter to your plaintiff that are electing  arbitration. You would then file a motion to compel arbitration. These things would be reflected in your pre-trial statement due on 8/18. 

Did you contact Midland about your hardship?

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