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Being Sued by Midland Funding in Texas

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I was served with a lawsuit from Midland Funding today.  Lawsuit was filed in Justice of the Peace Court in Texas.

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.)Chase Hague, Houston, TX

3. How much are you being sued for? $5xxx

4. Who is the original creditor? (if not the Plaintiff)  Barclays Bank Delaware

5. How do you know you are being sued? (You were served, right?)  Served

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

7. Was the service legal as required by your state?  Yes, I believe so

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, if they called they never left a message.  I don't answer calls that aren't in my contacts.

9. What state and county do you live in?  Texas, Bell County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 08/05/2014, according to included documents

11. What is the SOL on the debt? To find out: 4 years

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) 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).  Served, I have 14 days to respond

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? 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?  14 days from today, 7/8/17

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? Contract? List anything else they attached as exhibits.  Copies of 2 credit card statements from Dec 2014/Jan 2015 and July 2014/August 2014 billing periods, Bill of Sale, Data Sheet that contains basic account info (my contact info, date acct opened, charge off date, date of last payment etc), Portfolio Level Affidavit of Sale, Certificate of Conformity.

I know I need to file a answer to the court.  Is there a specific forum where I could find a template to use for my response?  Should I be concerned that they have these old statements?  I have included a redacted copy of the documents I was served today.  Any guidance would be greatly appreciated.



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I was able to locate a copy of the cardmember agreement that was in effect during the time the last payment was made and see that arbitration is administered by AAA.  Other threads I have read so far suggest that arbitration with AAA may be the route to go. Is the request for arbitration something I can include up front in my answer to the court?

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