lillie Posted October 19, 2016 Report Share Posted October 19, 2016 Today my husband was served by a process server at our home. We were handed papers from Midland Funding LLC whose attorneys are Scott & Associates out of Carrollton, TX. The case is filed with the JP's court in Grimes county. The Citation was issued and signed Sept. 27th, but we were just served today and I understand I have 14 days to answer the citation, but I have 0 idea what to say and have a few questions. I would really appreciate some guidance. The citation states: "The nature of the plaintiff's demand being in substance as follows: $1,977.18 plus court costs $41.00, attorney fees $_____and interest $__ for a total of $2,018.18." Followed by the "Notice to Defendant" that talks about the right to get an attorney and the days to file an answer. Attached to the citation is one page, the "Original Petition" "Justice Court Debt Collection Case" The "case style " is listed as Midland Funding LLC, Plaintiff v. my husband's name. The details about the plaintiff's claim list Citibank, N.A as the original Creditor Best Buy as the Account/Card Name the account was opened Feb. 13, 2014, Closed June 3, 2015. "Plaintiff's claim is for Account Stated and/or Open Account. The claim arises from a credit account entered into by the defendant(s) with Citibank, N.A, The account is in default and the plaintiff sues herein for actual damages, cost of court." Damages: 1,977.18 The plaintiffs claim has been assigned, Acquired from Citibank, N.A, Date of Aquisition 11/12/2015 Plaintiff or Plaintiff's Attorney: Scott & Associates (and their address and #) Ongoing Interest: box N/A checked Plaintiff does not seek attorney fees is checked. That's all there is. Now, first of all, I will have to do all of the paperwork and dealing with all of this because my husband works out of town and is gone often. I was originally thinking that I would call Scott & Associates and ask them if they could send me over proof of the debt or contract or something because short of it saying it is Best Buy and this amount they are claiming he owes, I have no other info. I can't verify the purchases, I can't tell you if a payment was ever made. But, I guess at this stage of the game, it's too late to call them and ask them for info? Can this be dropped before having to go to court or do I just need to accept that this WILL go to court? Can someone tell me what exactly my next step should be? What should I say specifically in my answer? I'm not sure if I should enter a General Denial or state that I don't have enough info to make a judgment on the validity of the debt. Thanks in advance for any help! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 19, 2016 Report Share Posted October 19, 2016 8 hours ago, lillie said: But, I guess at this stage of the game, it's too late to call them and ask them for info? WAY too late. In order for them to have to comply with providing information now you have to get permission of the court to do discovery. 8 hours ago, lillie said: Can someone tell me what exactly my next step should be? Contact Jerry Jarzombek 817-348-8325 and get a free consult. He is a top notch consumer attorney in the DFW area who LOVES cases like this. Statistics show that in greater than 70% of cases where a Defendant gets an attorney Midland folds. They are after the easy default judgment and don't want to have to work to get the money. He usually does the first consult free and is one of if not the best consumer attorney in the DFW area. 8 hours ago, lillie said: What should I say specifically in my answer? A general denial is fine for Justice Court but call Jerry he can probably see you before you have to answer and at least help with that. Quote Link to comment Share on other sites More sharing options...
lillie Posted October 19, 2016 Author Report Share Posted October 19, 2016 Hi Clydesmom! Dallas is about 4.5 hrs from me. If I get an attorney, I would need to get one local to me. However, I am hoping that someone here can guide me through this. I've seen some great info on here, usually from other states though. Edited to add: this is the first time I've heard from these people. I just figured it wouldn't hurt to request a debt validation after I sent the answer in or maybe before? I was reading another post (against midland) where they filed a C&D along with request to validate debt right at the beginning. But, they were in a different state Thank you for the info! Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted October 19, 2016 Report Share Posted October 19, 2016 1 hour ago, lillie said: Dallas is about 4.5 hrs from me. If I get an attorney, I would need to get one local to me. Not necessarily. Jerry will do a phone consult and I would trust any colleague that he would recommend. It could be possible to hire Jerry and he files electronically and never has to appear because Midland dismisses. At least talk to Jerry. 1 hour ago, lillie said: Edited to add: this is the first time I've heard from these people. I just figured it wouldn't hurt to request a debt validation after I sent the answer in or maybe before? Now that they have sued you it is way too late for DV. They can and will ignore it. Don't waste time on it. Start reading Texas threads. Midland can be defeated you just need to educate yourself on how. Quote Link to comment Share on other sites More sharing options...
lillie Posted October 19, 2016 Author Report Share Posted October 19, 2016 Clydesmom-put in a call and was told I am in a county they don't cover. I assume I was talking with a paralegal/secretary who took the case info and told her he was served yesterday. She said "they would discuss it and get back with me" I literally feel sick over this. I have been reading this forum all day and it is just so much info and with a deadline to answer of 14 days, well, now 13, I feel like I'm climbing Everest with no gear. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted October 19, 2016 Report Share Posted October 19, 2016 Follow what I told the person in this thread- When you file your answer ask the clerk how you should go about getting the court's approval to begin discovery. Once you have obtained their approval let me know and I will PM you first set of discovery to send to the plaintiff's attorney. Quote Link to comment Share on other sites More sharing options...
lillie Posted October 19, 2016 Author Report Share Posted October 19, 2016 Thank you! I have just a few questions in re to "Defendant asserts that the claims are barred by the applicable statute of limitations.Defendant asserts that the interest rates charged by the original creditor are usurious" I don't tink this particular suit is barred by the SOL since the account was opened in 2014, closed in 2015. Also, it specifically states on their Original Petition that they are seeking actual damages and NO interest. Now, I obviously don't know what the $1977.18 is made up of, but I'm just wondering if these two defenses are the most applicable. I am not at all intending to question your knowledge, I just want to make sure I understand what I am filing. If I have to stand before a court and defend this, I should probably know what I'm saying. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted October 20, 2016 Report Share Posted October 20, 2016 17 hours ago, lillie said: Thank you! I have just a few questions in re to "Defendant asserts that the claims are barred by the applicable statute of limitations.Defendant asserts that the interest rates charged by the original creditor are usurious" I don't tink this particular suit is barred by the SOL since the account was opened in 2014, closed in 2015. Also, it specifically states on their Original Petition that they are seeking actual damages and NO interest. Now, I obviously don't know what the $1977.18 is made up of, but I'm just wondering if these two defenses are the most applicable. I am not at all intending to question your knowledge, I just want to make sure I understand what I am filing. If I have to stand before a court and defend this, I should probably know what I'm saying. You don't have to stand before the court and defend anything. I prefer to make them get up off their lazy butts and actually work which is something they hate. If you don't want to use it then don't. Quote Link to comment Share on other sites More sharing options...
lillie Posted October 20, 2016 Author Report Share Posted October 20, 2016 I'll be happy to use it and I appreciate the help! I just wanted to make sure that even though the SOL isn't up and they're not seeking interest, that it was still relevant to use in this case. I assumed at some point I would be in a courtroom with these people and they would be throwing lots of big words their fancy law books taught them telling me that the SOL isn't a defense to this case and I'd be at a total loss. Quote Link to comment Share on other sites More sharing options...
debtzapper Posted October 20, 2016 Report Share Posted October 20, 2016 @lillie If you can get Jerry Jarzombek to represent you, that's great. He is a superb lawyer; I have recommended him myself. But if you need to defend yourself , you are in excellent hands with texasrocker. He has helped MANY defendants on this board to get their cases dismissed. Just do what he says and don't waste any time. 1 Quote Link to comment Share on other sites More sharing options...
lillie Posted October 21, 2016 Author Report Share Posted October 21, 2016 We heard back from Jerry's office and they will take the case. I was about 80% confident in my ability to follow @texasrocker's directives and get it done, but I must say, I am relieved to have Jerry on it; It has taken a huge weight off my shoulders. I may even be able to get a good nights sleep tonight. His legal assistant said they are very familiar with these people and encouraged me to relax. HA. Thank you all for your encouragement and help, this forum is such a great resource. I'll let you all know how it goes. Hopefully it will progress quickly. 1 Quote Link to comment Share on other sites More sharing options...
texasrocker Posted October 21, 2016 Report Share Posted October 21, 2016 It is always advisable to hire an attorney like him with a history of fighting JDB's for a dismissal if you can afford it. You can certainly relax. They will most likely file a non-suit soon after being informed that he is representing you. Quote Link to comment Share on other sites More sharing options...
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