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I need some help with this, I received a civil citation from Midland Funding on January 17,2018, I filed an Answer stating I did not have any knowledge of the information in the citation, on the 31st. One issue is it is in the wrong Precinct. it has a statement on the debt owed, an Affidavit from Mary Pikkaraine relating to business records and 4 statements. What do I do next...file to have it moved to the right Precinct or an Amended Answer asking for Original Contract? Also Synchrony Bank has an Arbitration Clause do request that?

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.)

Scott & Associates, PC-Carrollton, Texas

3. How much are you being sued for?

< $2608.59

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

Synchrony Bank

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

I was served at my home.

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

In person, at my home.

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

Process Service Requirements by State - Summons Complaint

Based on what I read there, yes.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I am not sure if I received anything from them, but I have not personally spoke to anyone.

9. What state and county do you live in?

Texas, Jefferson

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

Statement in paperwork 6/2015 also states charge off 12/15

11. What is the SOL on the debt? 4 yrs

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).

suit served, filed answer, will have to call court

 

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? Had 14 days, filed generic answer  charges are debt collection

 

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.

- Original Petition

- Affidavit of a "Legal Specialist"

- 4 Account Statements

 

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On 2/5/2018 at 7:59 PM, Moime said:

... One issue is it is in the wrong Precinct ...

9. What state and county do you live in?

Texas, Jefferson ...

Is the "wrong Precinct" within the same or a different county (than Jefferson)?

Even if it is the correct county, but just the wrong precinct, an FDCPA case (just a couple of months ago) against Scott & Associates (for filing in the wrong precinct) survived a motion for summary judgment.  Read the order, and if the facts are similar to your circumstances, perhaps consult with a consumer attorney.

McKay_v._Scott_.pdf

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Alright I since I answered the citation I received a packet from the attorney stating they investigated a believe the have the right person they also sent two letters one from Shannon Wiltgen a document specialist of Synchroney Bank and another from Brett Rouleau a certificate for the notary. I have not sent in a discovery yet but I'm assuming this is their discovery.  They also sent a copy of account agreement with arbitration listed. What is my next step? Request permission for discovery anyway?

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53 minutes ago, Moime said:

What is my next step?

Motion to compel arbitration.  You need to get it out of court they have presented more than enough to win.  Synchrony has one of the best arbitration clauses in their card agreements.

54 minutes ago, Moime said:

Request permission for discovery anyway?

If you engage in the litigation process you waive your right to arbitration.  Did you raise arbitration as an affirmative defense in your answer?

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Your best bet is to file a MTC for Arbitration.  Should that be denied by the presiding JP then, and only then file a request for discovery.  Let us know what happens and if the MTC is approved, and the people here can continue to lead you in the right direction

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8 minutes ago, cshot37 said:

Your best bet is to file a MTC for Arbitration.  Should that be denied by the presiding JP then, and only then file a request for discovery.  Let us know what happens and if the MTC is approved, and the people here can continue to lead you in the right direction

If a MTC is denied, an immediate appeal should be made to the higher court.

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48 minutes ago, Moime said:

Another question who is better to request AAA or JAM?

JAMS.  AAA does not work with Midland

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