GVH2018

Midland funding LLC sue Miami, Fl

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Hi, I received an Advertisement letter from attorney offering service for  lawsuit, after researching online I found out Midland Fund entered what it seems a E-filed on 5/4/2018. After reading some post in this forum, I I felt much better and with some hope.  I appreciate any advice that can be given. This is the information I found through the Miami-Dade court's online services:

06/14/2018   Small Claims Pre-Trial Conference Hearing

Thank you for your assistance!!!

1. Who is the named plaintiff in the suit?

Midland Funding LLC- Plaintiff is a Delaware Limited Liability Company, authorized to do business in Florida

2. What is the name of the law firm handling the suit? 

Its not very clear but it has a lot of names for attorneys for plaintiff- with a check mark on an esq' name

3. How much are you being sued for?

 $1800, and the costs of this suit. 

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

COMENITY CAPITAL BANK

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

No, I received an Advertisement letter from attorney offering service for  lawsuit against me and it mentions that the case # is on the envelope ( I thought it was a scam but I looked and found it at the Miami-Dade court's online services)

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

Nothing as of today.

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

how can I know if the service is legal?

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

to the best of my knowledge, I dont recall talking to any of them, however, I have an app that blocks unknown or scammers calls.

9. What state and county do you live in?

Florida, Miami Dade

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

there is a bill with the papers I saved from the court's website- it states 05-02-2016

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

5-16-2014

12. What is the SOL on the debt? 

4 yrs

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).

I have Small Claims pre-trial conference hearing on 6-14-18

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?

Where is this information?

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

 With the online records I see- 1 bill statement from OC; affidavit of sale from OC , bill of sale from OC; as exhibits -asset schedule; letter to old address that MCM is new owner

Thanking you in advance!!

 

 

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One more thing I just noticed and don't know what it means. OMG, this is very stressful...

 06/14/2018        

Small Claims Pre-Trial Conference            Hearing

 00/00/2018        

Receipt:               Event    RECEIPT# 0000000 (a bunch of numbers) AMT PAID:$00.00 (specific amount) COMMENT: ALLOCATION CODE QUANTITY UNIT AMOUNT ****-SUMMONS ISSUE FEE 1 $****** TENDER TYPE:CHECK TENDER AMT*****TENDER TYPE:CHECK TENDER AMT**** TENDER TYPE:CHECK

00/00/00             

SP Pre Trial Summons Issued

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Based off your information, it seems you haven't been served your summons yet. Wait for the summons and then file your answer. I am also a newb here on the forums, and would like to tell you, don't be afraid. Stress is part of it, but don't let it eat you up. If you do your research from previous posts, along with the great advice from the experienced members here, you'll get through it!

Also, do you have a credit card agreement? That would also be helpful information, it may include an arbitration clause.  

I am unsure of the small claims pre trial conference hearing, it may be something that pertains to your state? The receipt is probably the attorney's paying for the filing fees, nothing you have to really worry about.

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There cannot be a pre-trial conference until you are served.  Watch the case on line to make sure they do not use an alternate service method.  That date will be changed depending on when you are served because you are allowed anywhere from 20-30 days to answer the suit.  

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Comenity has an arbitration provision in the agreement, and no small claims exemption, so I would be using arbitration to deal with this once you get served.

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