PINEAPPLE

Sued by Midland Funding LLC in WA state

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I was served papers last night (I wasn't the one that got served even though it's for me and is it normal to just get papers stapled together and no envelope?). What is my next step? What do I do? The papers states that i have 20 days after the service of this summon to respond to the complaint by stating my defense in writing. I don't know what to write or what i should or should not write/admit. 

The complaint states I breached a contract.  "Defendant, an individual residing in Snohomish County Washington entered into contract with Synchrony Bank/Gap for a credit account. The credit account was issued to the defendant under the account number **************. Synchrony Bank/Gap supplied the credit account to defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fee." 

The amount owed is not what was charged off in 2014. So I obviously do not want to pay them. 

The date printed by the attorney on behalf of midland is for Nov. 28, 2016, then the date of Dec. 8th, 2016 was when it was filed, and Dec. 16th of it being received. 

Thanks for any help.

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For an answer, I would just deny all of their allegations made in the complaint.  Make the header of your answer look like the header on your complaint with the parties names and case number, such as this:

In the XXXX Court of XXX county, Washington

Midland Funding
Plaintiff,

vs.                                                                         Case No. XXXXXX
 

Your Name
Defendant.

ANSWER

Then in the body of the answer you can go point by point in the complaint and deny each item except your name and location (if correct).  Or you can make a general denial which would state that Defendant denies each and every allegation contained in the complaint.

The good news is that Synchrony card agreements contain an arbitration clause.  Midland hates arbitration because it costs them about $5,000 to participate, while your costs are capped at $250 max (and you may not even have to pay that).  I would suggest reading about arbitration on this board.  If you decide to use that strategy, it will require filing a Motion to Compel Arbitration (MTC) in court.  This motion is asking the court to stay the case and order the parties to arbitrate according to the card agreement.  This will put Midland in a corner they don't want to be in. They will have to pay a lot of money to arbitrate or be in violation of the court order to arbitrate. Their only out would be to dismiss the case.  They take that out 99% of the time.  The link below is a copy of the Synchrony Gap card agreement from 2014.  I would suggest saving this and printing several copies of this, as you will need it for your court filings.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=0ahUKEwj0wKGviNjRAhUKMSYKHQJ7B2sQFgg1MAU&url=http%3A%2F%2Ffiles.consumerfinance.gov%2Fa%2Fassets%2Fcredit-card-agreements%2Fpdf%2Fcreditcardagreement_11273.pdf&usg=AFQjCNFre_jilCPnT0Kx91es0Q9ZXD_3qg&cad=rja

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18 hours ago, fisthardcheese said:

For an answer, I would just deny all of their allegations made in the complaint.  Make the header of your answer look like the header on your complaint with the parties names and case number, such as this:

In the XXXX Court of XXX county, Washington

Midland Funding
Plaintiff,

vs.                                                                         Case No. XXXXXX
 

Your Name
Defendant.

ANSWER

Then in the body of the answer you can go point by point in the complaint and deny each item except your name and location (if correct).  Or you can make a general denial which would state that Defendant denies each and every allegation contained in the complaint.

The good news is that Synchrony card agreements contain an arbitration clause.  Midland hates arbitration because it costs them about $5,000 to participate, while your costs are capped at $250 max (and you may not even have to pay that).  I would suggest reading about arbitration on this board.  If you decide to use that strategy, it will require filing a Motion to Compel Arbitration (MTC) in court.  This motion is asking the court to stay the case and order the parties to arbitrate according to the card agreement.  This will put Midland in a corner they don't want to be in. They will have to pay a lot of money to arbitrate or be in violation of the court order to arbitrate. Their only out would be to dismiss the case.  They take that out 99% of the time.  The link below is a copy of the Synchrony Gap card agreement from 2014.  I would suggest saving this and printing several copies of this, as you will need it for your court filings.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=0ahUKEwj0wKGviNjRAhUKMSYKHQJ7B2sQFgg1MAU&url=http%3A%2F%2Ffiles.consumerfinance.gov%2Fa%2Fassets%2Fcredit-card-agreements%2Fpdf%2Fcreditcardagreement_11273.pdf&usg=AFQjCNFre_jilCPnT0Kx91es0Q9ZXD_3qg&cad=rja

I want to go down the MTC route- i have tried to look online for rules of filing a MTC in WA state and how to go about. I couldn't find anything. Do you know if I can answer and file the MTC within the same document? If so, how do i answer to the summon correctly?

 

This is the Complaint:

IN THE DISTRICT COURT OF THE STATE OF WASHINGTON FOR SNOHOMISH COUNTY SOUTH DIVISION

 

Midland Funding, LLC

Plaintiff,

Vs.

My name

Defendant.

Plaintiff alleges: BREACH OF CONTRACT

1. Plaintiff is a limited liability company, which for good and valuable consideration purchased Defendant's Synchrony Bank/Gap credit account and contract and all of the associated rights thereunder.

2. Plaintiff has satisfied the bonding requirements and is a duly licensed collection agency pursuant to RCW Chapter 19.16. A true copy of said license is attached hereto.

3. Defendant, an individual residing in Snohomish Country Washington, entered into a  contract  with Synchrony Bank/Gap for a credit card account. The credit account was issued to Defendant under the account number *************4712.

4. Synchrony Bank/Gap supplied the credit account to Defendant subject to an agreement to repay all amounts charged to the account plus all associated costs and fees.

5. Defendant thereafter used the credit account and became indebted to Synchrony Bank/Gap.

6. Synchrony Bank/Gap performed its obligations under the terms of the contract.

7. Defendant breached the contract by failing to make payment(s) as agreed. As a result, Defendant's credit account was charged off for delinquency on October 27, 2014.

8. As a result of Defendant's breach, Defendant is indebted to Plaintiff in the sum of $1267.70. Plaintiff is also entitled to actual costs and disbursements. 

WHEREFORE, Plaintiff prays for judgement against Defendant as follows:

1. The sum of $1267.70;

2. Plaintiff's costs and disbursements incurred herein.

Dated this 28 day of November, 2016.

 

 

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@PINEAPPLE  Here is the WA statute on arbitration:

RCW 7.04A.070

Motion to compel or stay arbitration.

(1) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement, the court shall order the parties to arbitrate if the refusing party does not appear or does not oppose the motion. If the refusing party opposes the motion, the court shall proceed summarily to decide the issue. Unless the court finds that there is no enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
(2) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. If the court finds that there is no enforceable agreement, it may not order the parties to arbitrate.
(3) The court may not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(4) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, a motion under this section must be filed in that court. Otherwise a motion under this section may be filed in any court as required by RCW 7.04A.270.
(5) If a party files a motion with the court to order arbitration under this section, the court shall on just terms stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(6) If the court orders arbitration, the court shall on just terms stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may sever it and limit the stay to that claim.

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I know this may be a silly question, but now that I have written everything up, when I file my answer in court and the clerk stamps it, will they be able to make me a copy? or should I bring my copies (one for me and one for plaintiff's attorney) to get them stamped with the date filed? 

My plan is to file and get all copies I need, then send copies to plaintiff's attorney.

I plan to submit my answer and motion to compel at the same time. Do I file them separately? 

Thanks in advance!

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14 minutes ago, PINEAPPLE said:

I know this may be a silly question, but now that I have written everything up, when I file my answer in court and the clerk stamps it, will they be able to make me a copy? or should I bring my copies (one for me and one for plaintiff's attorney) to get them stamped with the date filed? 

My plan is to file and get all copies I need, then send copies to plaintiff's attorney.

I plan to submit my answer and motion to compel at the same time. Do I file them separately? 

Thanks in advance!

I would take 3 copies.  One each for the court, yourself, and the plaintiff.

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I'm also in Washington, with basically the same case (synchrony and Midland funding). Midland is motioning for summary judgment and there is a notice for a hearing set for July 11th. Can I do the same thing as above, and use the arbitration clause and file a motion to compel? Or am I too late since a court date was already set? 

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