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Sued by Midland


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I am lost.  Short of paying for an attorney, any help or guidance would be greatly appreciated!

 

Plaintiff - Midland Funding LLC

Lawfirm handling the suit - Sara Jane Milligan, Texas Bar 14148240

Sued for- $4400

Original Creditor - Synchrony Bank

Served? - Served with Summons in person - yes legal

Previous Correspondence? - No correspondence before suit

State - Texas

Last paid on account - August 2015

SOL on debt - 4 years

Status on my case? - Help is greatly appreciated

Have you disputed debt with credit agencies? - YES 

How long do I have to respond? - 7 days

 

 

 

 

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30 minutes ago, Harry Seaward said:

It's your lucky day! Synchrony as the OC means Midland will dismiss upon the court granting a motion to compel private arbitration from the Synchrony agreement. 

Take a look in the arbitration form here to get familiar with how it works. 

I don't mean to be ignorant here, but... How do I go about getting a copy of the card agreement with Synchrony?

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I am getting conflicting information from my research.  Should I send in the MTC along with my answer?  Also, I have found some standard answer forms for Texas JC (2 are attached).  Will these suffice or does anyone have experience with certain formats?  Thanks again!

Answer Affidavit.pdf

civil-answer_deadlines (1).pdf

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There's a thread here from a couple months ago where a husband and wife from TX were separately sued for different accounts at the same time. As I recall, husband was denied MTC and wife's was granted. I believe husband stood there like a Sphinx, whereas wife was asked if the she understood costs, etc. She was forceful and confident and her MTC was granted.

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I don't know about TX because we get conflicting results.  You will need to check your court rules, but I do believe in TX you should file an answer denying all allegations and then mention Lack of Subject Matter Jurisdiction in your affirmative defense and cite the arbitration clause.  I would file the MTC at the same time as an answer if possible.

The link in my description has more details on the process, but it is always important to look up your specific court rules in regards to filing motions and answers.

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Well, things are looking up ladies and gentlemen.  I guess there are many good things about living in a small town.  Seems our Judge is NOT a fan of these types of debt collectors.  I went to the office to hand in my answer and ask if I could file my MTC at the same time.  I was told; absolutely you can, however with these bastards I bet it doesn't get that far.  She told me that on many occasions they neglect to send an attorney to represent them.  Seems we don't allow phone in's for hearings here in Small Town Texas?  Also wanted to ask if anyone has come across issues with suspicious dating.  Looking over the packet that was served it seems the dates MIDLAND provided don't jive.  All of their paperwork says they bought this debt on June 21st yet the mostly blacked out bill of sale is dated June 26th.  The notary has dated another date between there.

Is this normal?

 

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1 hour ago, TW78 said:

Also wanted to ask if anyone has come across issues with suspicious dating.

I have encountered that, years ago, with a bill-of-sale dated before the account was even in distress. That was back at the tail end of the old "boiler room" tactics where bogus documentation was used. We have seen cases where Midland, and others, pass the debt through various internal entities (perhaps for accounting purposes). They seem to have become hyper-sensitive about documentation, so they include all of these internal moves - it makes it look like the debt was sold several times in the span of a couple weeks. It could be something like that, or something benign like a paperwork backup. Definitely look closely - maybe they made a rare boo-boo, but it most likely is either explainable or a justifiable error.

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On 5/17/2018 at 5:42 PM, TW78 said:

Also wanted to ask if anyone has come across issues with suspicious dating.

 I had a suspicious date once where the woman looked nothing like her online profile picture. 

Did you file the MTC?  I would not even bother with anything dealing with the case particulars.  Any anomaly with dates, amounts, etc will be addressed at the arbitration hearing only.  Court should be reserved only for the decision of moving the case to arbitration.

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On 5/19/2018 at 12:48 AM, fisthardcheese said:

Did you file the MTC?  I would not even bother with anything dealing with the case particulars.  Any anomaly with dates, amounts, etc will be addressed at the arbitration hearing only.  Court should be reserved only for the decision of moving the case to arbitration.

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Yes, I did file the MTC at the same time. 

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  • 2 weeks later...

Ok, I had my court date this morning.  All went well from my point of view.  The Midland attorney objected to the affidavit for the cc agreement.  However, I objected by providing proof I emailed it to the Midland attorney.  The JP ruled a continuance so that he can research the MTC arbitration.  He hasn't encountered this in his court.  The opposing attorney did state something to the effect that the MTC was not worded correctly?  I followed protocol on this site but possibly he was just objecting to object. 

Any advice for the next hearing?  Should I complete the JAMS paperwork and have it ready for court?  The Midland attorney did say something about that. 

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