MelShort

Being Sued By Midland Funding in Texas HELP!

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Hello All, 

I received a summons from Midland Funding that they are sueing me. I am sending my answer letter, plea for jurisdiction, and a special exception to account stated. I hope this is correct. I need to know what I should do next. The details are listed below. (I was also summoned with a copy and not the original documents. Does this count against them?)

Here is my info:

 

1.  Plaintiff:  Midland Funding LLC as successor in interest to Synchrony Bank

2.  What is the name of the law firm handling the suit?  Scott and Associates PC.

 

3.  How much am I being sued for?  2,041.00

 

4.  Who is the original creditor?  JC Penney (Synchrony Bank)

 

5.  How do I know I'm being sued?  Papers delivered to my home.

6.  How was I served?   Copies of the original delivered to my home, I didn't have to sign anything. They just handed me a copy and said call this number.  

 

7.  Was the service legal as required by my state?   I do not know. 

 

8.  What was my correspondence with the people suing me before I thought I was being sued?  I have not spoken with them. Only letters recieved in the mail

9.  State and county I live in:  Harris County, Texas

 

10.  When was the last time I paid on account?  May 9, 2014

11.  What is the SOL on the debt? I believe 4 years.

 

12.  Status of case?  It has been filed in the Justice Court Clerks office as a Civil Suit.  I just sent my answer letter. 

 

13.  Have I disputed the debt with the credit bureaus?  NO

 

14.  Did I request debt validation before suit filed?  No

 

15.  How long do I have to respond to the suit?  says 14 days from my receiving the summons.

 

16.  What evidence did they send with the summons?  A copy of the original petition.

 

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Who are the attorneys that filed this lawsuit?

Since you were only given 14 days to answer I assume it is a JP court so your top priority now will be to get the court's approval to begin discovery.
  Ask the clerk of court how what their procedure is to go about getting said approval.  If they ask to preview what you are going to send then let me know and I will PM first set of discovery to you otherwise let me know when you have been granted approval and I will get it to you at that time.

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