DowhatIcan

Midland Comenity AZ lawsuit

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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.)  Bursey & Associates

3. How much are you being sued for?  $2000

4. Who is the original creditor? (if not the Plaintiff)  Comenity Bank Victoria's Secret

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

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

9. What state and county do you live in?  Arizona

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

11. When did you open the account (looking to establish what card agreement may be applicable)?  June 2014

12. What is the SOL on the debt? To find out:  6 years

Statute of Limitations on Debts

13. 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).  Served 9/5, answered 9/22, Mediation set for 12/20 on 10/6, App for entry of default 10/10, Motion for Summary Judgment 11/27, Disclosure filed 11/27, Motion to continue mediation 12/6, granted - mediation set for 6/20 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').  No

16. 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?  Have until 12/27 to respond to MSJ. Complaint was breach of contract. 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.  Nothing sent with complaint. MSJ had statement of facts, affidavit, bill of sale, field data electronic file, statements, statement of costs. (No agreement) Disclosure contains same documents with the agreement as well. 

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You have exactly one shot at beating this case and that is by getting the court to grant a motion to compel arbitration.  You're in a pickle because of how long this has gone on already, so there's no guarantee the court will even grant the MTC.

I've attached a 2014 Victoria's Secret/Comenity agreement that has a decent arbitration agreement.  I'm out the door right now so I can't walk you through everything, but I'll be back later today with more info.

creditcardagreement_9736.pdf

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You had another lawsuit from around the same time as this one, but you used arbitration on that one.  Is there a reason you didn't use arbitration on this one as well?

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No, other than this arbitration clause is different than the other. 

I will put together a MTC for this one as well. 

Did you have a chance to see the update for the other one I posted?

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5 hours ago, DowhatIcan said:

Did you have a chance to see the update for the other one I posted?

Yes, I agree with contacting JAMS to get a case open and then letting it ride until the end of the 60 days.

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