JustAGuyInDebt Posted May 9, 2018 Report Share Posted May 9, 2018 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 Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted May 9, 2018 Report Share Posted May 9, 2018 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. Quote Link to comment Share on other sites More sharing options...
JustAGuyInDebt Posted May 9, 2018 Author Report Share Posted May 9, 2018 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? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted May 9, 2018 Report Share Posted May 9, 2018 You could start searching here: CC Agreement Database Quote Link to comment Share on other sites More sharing options...
JustAGuyInDebt Posted May 10, 2018 Author Report Share Posted May 10, 2018 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 Quote Link to comment Share on other sites More sharing options...
Harry Seaward Posted May 10, 2018 Report Share Posted May 10, 2018 Let's see what @fisthardcheese says. He's more familiar with the ins and outs of specific states. 1 Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted May 10, 2018 Report Share Posted May 10, 2018 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. Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 10, 2018 Report Share Posted May 10, 2018 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. 1 Quote Link to comment Share on other sites More sharing options...
JustAGuyInDebt Posted May 17, 2018 Author Report Share Posted May 17, 2018 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? Quote Link to comment Share on other sites More sharing options...
Goody_Ouchless Posted May 17, 2018 Report Share Posted May 17, 2018 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. 1 Quote Link to comment Share on other sites More sharing options...
fisthardcheese Posted May 19, 2018 Report Share Posted May 19, 2018 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. 1 Quote Link to comment Share on other sites More sharing options...
debtzapper Posted May 19, 2018 Report Share Posted May 19, 2018 15 hours ago, fisthardcheese said: I had a suspicious date once where the woman looked nothing like her online profile picture. LOL! 1 Quote Link to comment Share on other sites More sharing options...
BV80 Posted May 19, 2018 Report Share Posted May 19, 2018 16 hours ago, fisthardcheese said: I had a suspicious date once where the woman looked nothing like her online profile picture. 1 Quote Link to comment Share on other sites More sharing options...
JustAGuyInDebt Posted May 21, 2018 Author Report Share Posted May 21, 2018 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. 1 Yes, I did file the MTC at the same time. Quote Link to comment Share on other sites More sharing options...
JustAGuyInDebt Posted June 19, 2018 Author Report Share Posted June 19, 2018 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. 1 Quote Link to comment Share on other sites More sharing options...
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