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BEING SUED BY MIDLAND - OHIO. HELP?


Guest kevxyz
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Hi Everyone! 

My name is Kevin and I live in Northeast Ohio. Here are some details on my situation:

1. Who is the named plaintiff in the suit? 

Midland Funding LLC DBA Midland Funding DE LLC 

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 

No law firm but signed by this attorney and listed with a few other individual attorneys:

KLEMENOK, KIMBERLY

PO BOX 30968

MIDDLEBURG, OH  44130

3. How much are you being sued for? 
$1877.25 plus court costs and interest


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?) 
Yes, I have been served


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


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? 
Got one or two letters, never had any contact with them


9. What state and county do you live in? 
Ohio, Portage County


10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 
2017


11. What is the SOL on the debt? 
6 years


12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or 2) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 

CASE STATUS OPEN

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

No

14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. 

No

15. 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? 

Deadline is November 2nd, with the option to gain another 4 weeks if I attend a Credit Defense Clinic.
FACTS

Defendant opened an account with SYNCHRONY BANK or its predecessor in interest. A copy of the account statement is attached as Exhibit "A".

Plaintiff has purchased Defendant's debt, and is entitled to all rights as owner thereof. 

Then just a bunch of general statements regarding how they deal with consumers by sending letters, calling, etc. 

CLAIM FOR RELIEF

There is now due and owing from the Defendant, in the amount of $1877.25

TPlaintiff has made demand on Defendant for repayment of the account but Defendant has failed and refused to pay the balance due. 


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

Two account statements with my full name, the last four digits of an account number showing a balance due and the due date. Says paypal/ebay credit at the top. Also another page showing interest accrued and paid.

 

I have never done this before and would really appreciate some help on how to respond and file an answer. Can I win this thing? 

 

Thanks!!! 

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@kevxyz

Synchrony has an arbitration provision in its cardmember agreements.  Read the following thread.   

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

It would be best to have a copy of the agreement that was in effect when the account went into default.  You can locate one at the following:

https://www.consumerfinance.gov/credit-cards/agreements/

Depending upon the year of default, the agreement may be in the archives.

 

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