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Okay, my name is Jayme. I am 33 years old and I feel like a child right now with this stuff. Backstory: I fell on hard times. I was in therapy for mental illness, leaving an abusive boyfriend, and lost my ability to handle working for that time. I stopped being able to make payments to my credit card and of course have wanted to. I haven't been able to get back on my feet yet, and then this happens. Some stupid daddy bought me punk served me with these papers not an hour ago and I'm in a panic. Help please. I know nothing about this. I can't afford a lawyer, I can't afford to have wages garnished as soon as I do find employment that I'm able to maintain. I WANT to pay my debts, but I am unable. I am in a bad way right now and this is just making it feel hopeless.  Any advice would be much appreciated. I've got other debts too, but of course evil corporate satan that is Walmart can't just let me be until I get on my feet.

 

 

  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.) 

    Law Office of Stephen P Lamb

    3. How much are you being sued for? 

    907.73

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

    Synchrony Bank (Walmart credit card company...)

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

    I was served by a little punk in a 'daddy bought me' truck

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

    At my front door by a dipshit

    7. Was the service legal as required by your state? 

    I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank...

    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? 

    I've had no contact with the debt collector. I don't answer my phone.

    9. What state and county do you live in? 

    Craighead County, Arkansas

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

    Payment of 50 on 9/12/15

    11. What is the SOL on the debt?  I don't know what that means.

    12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or    B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

    I don't know. I'm reaching out as my first line of defense.

    13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 
    As of yet no. I mean I do understand I owe synchrony bank, not the debt collector. I never had a relationship with that company. I had one with the walmart credit card company.


    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. 

    I don't even know what that means

    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? 
    I see no interrogatory paper. I have thirty days to respond. I'm said to owe the previously stated amount to Midland Funding LLC.


    16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

    They have the statements attached to the back of the packet.

 

 

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21 minutes ago, CelticAngel said:

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

I was served by a little punk in a 'daddy bought me' truck

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

At my front door by a dipshit

7. Was the service legal as required by your state? 

I don't know what that means for my state honestly. I signed nothing, and the paper that he was supposed to fill out is still blank...

You were legally served.  I know you are upset but really this kid is just earning a living serving these papers.  He has no vested interest in ruining your life.  

First take a deep breath and calm down.  Midland can be beaten.  Synchrony has an excellent clause for private arbitration in their card agreements.  You need to answer the suit raising the affirmative defense that you are electing private contractual arbitration in JAMS per the card agreement for the alleged account in the complaint.  Midland NEVER follows through and should drop the entire matter.  

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2 minutes ago, Clydesmom said:

You were legally served.  I know you are upset but really this kid is just earning a living serving these papers.  He has no vested interest in ruining your life.  

First take a deep breath and calm down.  Midland can be beaten.  Synchrony has an excellent clause for private arbitration in their card agreements.  You need to answer the suit raising the affirmative defense that you are electing private contractual arbitration in JAMS per the card agreement for the alleged account in the complaint.  Midland NEVER follows through and should drop the entire matter.  

I don't even know what any of that means. How do I answer? I am lost. I literally know nothing about any of this. And that kid can kiss it lol, I'm not in the mood to have him taken up for... sorry. He should find a job where people don't want to punch him in the nuts. Anyway where is that in the agreement? Its on there but I don't understand any of this language. I'll look at it more tomorrow. I can't take this crap. Like I'm a suicidal person, this will send me to a grave because I can't deal with pressure. I've never been in any legal trouble EVER in my life. I never even stole a pack of gum as a kid. I'm being treated like a thief.

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They first thing is to determine what you will file with the court. As much as you want this to go away, it is not. You CAN do this and the first step is to respond to the pleading they filed. There are three ways to go:

File an answer 30 days from the date you were served. This is rock solid no "S" date you have to get this paper to the court, or they can move for default judgment and get it.

You can file a Motion for more Definite Statement to stall for time but, This will give them more time to obtain whatever documents they are gonna use

The other is arbitration.

here is the statutes:

https://courts.arkansas.gov/rules-and-administrative-orders/court-rules/rule-12-defenses-and-objections-when-and-how

unfortunately, you have a limited time to do these things. but they are doable.

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3 minutes ago, Seadragon said:

They first thing is to determine what you will file with the court. As much as you want this to go away, it is not. You CAN do this and the first step is to respond to the pleading they filed. There are three ways to go:

File an answer 30 days from the date you were served. This is rock solid no "S" date you have to get this paper to the court, or they can move for default judgment and get it.

You can file a Motion for more Definite Statement to stall for time but, This will give them more time to obtain whatever documents they are gonna use

The other is arbitration.

here is the statutes:

https://courts.arkansas.gov/rules-and-administrative-orders/court-rules/rule-12-defenses-and-objections-when-and-how

unfortunately, you have a limited time to do these things. but they are doable.

I literally need this explained to me step by step. I've had one speeding ticket and I just paid it, no fight. I wasn't even wrong, I just don't like fighting. I can't pay this, there's no way currently as I'm not working and I don't know when I will be. I'm trying to get back in school so I can get  a degree to earn enough money to pay my debts, but I can't do anything without money. I'm about to lose it. I literally have 4 dollars.

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12 minutes ago, CelticAngel said:

I literally need this explained to me step by step. I've had one speeding ticket and I just paid it, no fight. I wasn't even wrong, I just don't like fighting. I can't pay this, there's no way currently as I'm not working and I don't know when I will be. I'm trying to get back in school so I can get  a degree to earn enough money to pay my debts, but I can't do anything without money. I'm about to lose it. I literally have 4 dollars.

I believe Synchrony has an arbitration provision in the cardmember agreement.   You need the cardmember agreement for the year you defaulted.   You can find it in the archives at the Consumer Financial Protection Bureau archives.

https://www.consumerfinance.gov/credit-cards/agreements/

Then read the following thread:

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

 

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Don't get stressed out so much, They aren't going to break your legs and such. If you fight a little bit they will soften up to settlement, but first you have to take default judgment off the table.

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your gonna have to meet us half way, I recommend that you find out if you are eligible for a fee waiver/ informa pauperis or else you will need to scratch up some cash to fight this. I don't know what the fees are in your court but realistically, you are gonna need about 300 dollars /or the fee waiver form.

http://www.arlegalservices.org/feewaiver

Also your school has fee waivers as well, check that out.

Edited by Seadragon
adding links to vital information

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2 hours ago, Seadragon said:

your gonna have to meet us half way, I recommend that you find out if you are eligible for a fee waiver/ informa pauperis or else you will need to scratch up some cash to fight this. I don't know what the fees are in your court but realistically, you are gonna need about 300 dollars /or the fee waiver form.

http://www.arlegalservices.org/feewaiver

Also your school has fee waivers as well, check that out.

I don't understand any of this stuff lol, I don't know where halfway is or who to meet. I'm begging for someone to help because even reading it I don't understand it.

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23 minutes ago, CelticAngel said:

I don't understand any of this stuff lol, I don't know where halfway is or who to meet. I'm begging for someone to help because even reading it I don't understand it.

I am saying that you have to print out, mail, etc. We can provide examples but you would have to put it together or you wouldn't be very effective in court. We cannot do the whole thing as we are not lawyers.

Step one is filling out the fee waiver form.

Step 2 is filling out the answer.

Step 3 is reading the threads I posted to get up to speed.

Or you can try to get a lawyer.

I won't lie to you fighting this will take about 1000 hours of your time. And you will learn as time goes on.

I help all I can but I cannot spend 1000 hours doing everything. I will answer questions about this but you have to take that first step by filling out the fee waiver and the court forms for the answer.

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12 minutes ago, Seadragon said:

I am saying that you have to print out, mail, etc. We can provide examples but you would have to put it together or you wouldn't be very effective in court. We cannot do the whole thing as we are not lawyers.

Step one is filling out the fee waiver form.

Step 2 is filling out the answer.

Step 3 is reading the threads I posted to get up to speed.

Or you can try to get a lawyer.

I won't lie to you fighting this will take about 1000 hours of your time. And you will learn as time goes on.

I help all I can but I cannot spend 1000 hours doing everything. I will answer questions about this but you have to take that first step by filling out the fee waiver and the court forms for the answer.

I can't even print forms lol. I am that poor. Anyway, I'm also applying for legal aid cus idk what else to do.

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2 hours ago, CelticAngel said:

I'm begging for someone to help because even reading it I don't understand it.

Defending yourself in a lawsuit requires a lot of work and self studying.  We can only do so much for you the rest is on you.  It sounds like your best bet is to hit up legal aid and see if you qualify for free representation.  You can also check and see if you have a local law school.  Sometimes they have free clinics that you can utilize for help.  Good luck.

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You may want to check out Arkansas Legal Services at http://www.arlegalservices.org/ for direction and information about applying for free assistance.

They also have a self-help form to if yo u want/need to answer the complaint yourself at http://www.arlegalservices.org/proseanswerpacket

Pro se means you are representing yourself.  If you don't have an attorney and have not yet answered the complaint, it is important that you do answer within 30 days of being served; otherwise, the plaintiff may win by default judgement.

Don't give up without a fight!

GO HOGS!

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