MysticRhythm

Sued by Midland Funding in Texas

Recommended Posts

Hello all, I'm in a bit of a panic as I received a letter today from a law firm (Heston Law Firm PLLC) notifying me a lawsuit has been filed against me (they are soliciting me to retain them to handle the matter).  I know not to respond to the solicitation as they are only looking for my business.  However I have never dealt with anything of the nature before and am unsure how to proceed.  I have read through these forums somewhat but I feel like I'm over my head already with all the legalese, and we do not have the money at this time to retain a lawyer as I have health issues which are preventing me from working at this time and we are already struggling to makes ends meet on my husband's income alone.  Can anyone please point me in the right direction on how to proceed at this point?  Do I just wait to be served at this point?  Thanks so much.

 

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.)

No idea, haven't been served yet.

3. How much are you being sued for?

$4,xxx

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 received a mail solicitation from a lawyer advising me that a lawsuit has been filed against me.  I verified this was true via a record search on my county court's website.

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

Have not been served yet.

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

N/A

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

Likely phone calls, but I don't answer calls from unknown numbers so I've never actually spoken with anyone.

9. What state and county do you live in?

Texas, Guadalupe

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

Unsure, sometime in 2016 maybe.

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

Unsure, probably 2015.

12. What is the SOL on the debt?

4 years.

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).

07/16/2018     Original Petition (OCA)
07/16/2018     Citation
07/17/2018     CITATION ASSIGNED

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

Yes, via Credit Karma's dispute tool.

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 disputing after being sued 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?

Unknown; have not been served yet.

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

N/A

Share this post


Link to post
Share on other sites

The bad news is you are being sued and while your health situation is sad, it is not a defense to defaulting on a debt unfortunately.  The good news:  Texas does not allow wage garnishment or seizure of homes/property like cars for consumer debts.  The other good news is Synchrony has the BEST arbitration agreement in their card agreements.  Once you are served you can answer the suit using an affirmative defense of wanting private contractual arbitration in JAMS.  Then you file a MTC arbitration in the matter.  Midland usually folds in response to a MTC.

Share this post


Link to post
Share on other sites

Thanks so much Clydesmom! I appreciate it. I have another question - since I have not actually been served yet can I send a debt validation/dispute letter stating I'm electing arbitration via JAMS now, or is it too late for that? Thanks! 

Share this post


Link to post
Share on other sites
1 hour ago, MysticRhythm said:

I have another question - since I have not actually been served yet can I send a debt validation/dispute letter stating I'm electing arbitration via JAMS now, or is it too late for that?

WAY too late for that.  Electing arbitration means nothing since they have already filed the suit.  Actually getting a MTC approved will force them to it.

Share this post


Link to post
Share on other sites

I was finally served for this suit, almost a full year later!

I'm overwhelmed by all the info here and wading through it all is making it even moreso to me. I know that I now need to file an answer to the court by filing an affirmative defense saying I want to privately arbitrate through JAMS. I can't seem to locate a template or example for this letter for Texas. Any kind souls out there who can point me in the right direction?

Share this post


Link to post
Share on other sites
9 hours ago, MysticRhythm said:

I was finally served for this suit, almost a full year later!

I'm overwhelmed by all the info here and wading through it all is making it even moreso to me. I know that I now need to file an answer to the court by filing an affirmative defense saying I want to privately arbitrate through JAMS. I can't seem to locate a template or example for this letter for Texas. Any kind souls out there who can point me in the right direction?

You were gifted a full year between learning of a suit filed against you and them actually serving you, yet you didn't use any of that time to learn what to do and how to take care of this situation?  That's not a good start.  Now you have to cram and learn it all on the fly.

Start with the link in my signature.  File an answer that denies all allegations and lists the affirmative defense of "Lack of subject matter jurisdiction due to a private arbitration clause".  This must be done in the time allowed.  After that is done, work on your MTC.

Share this post


Link to post
Share on other sites

Actually I did do research, a year ago. In that time I've also had a severe downturn with my heath issues, two deaths in the family, and a couple other family issues so yes, it got put on the back burner due to other far more important things taking precedence.

Also, I know exactly what I need to do. I simply asked for help locating a template for the answer I need to file with the court since I haven't been able to locate one for Texas. 

 

Thanks for your advice. 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.