GoblinPunch Posted July 15, 2018 Report Share Posted July 15, 2018 I recently received a summons from small claims. It was a thick packet. It's for a debt that I guess has been around for years. I'm not really sure what to do next. Any advice would be helpful. Information about it below. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Moxley and Associates, LLC 3. How much are you being sued for? $800 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? I was served papers at home 6. How were you served? In person. 7. Was the service legal as required by your state? Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I receved some mail every now and then but I never answered it. I got calls every now and then but I always hung up. 9. What state and county do you live in? Alabama, Montgomery County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) According to the paperwork they sent, January 2015 11. When did you open the account (looking to establish what card agreement may be applicable)? I don't remember anything about this account but the earliest statement they sent me was from October 2014 12. What is the SOL on the debt? 3 years 13. What is the status of your case? Suit has been served. 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? No. 16. How long do you have to respond to the suit? I have 14 days. No questionaire. Charges are as follows: Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent a number of statements including a statement that reflects the charge off. A "Bill of Sale" from the original creditor. An affidavit of sale. a "Blanket Certificate of Conformity" from a notary. Another affidavit from a legal specialist repeating and verifying the information from the packet and stamped by a notary public. Quote Link to comment Share on other sites More sharing options...
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.