Blakie Blake

Being sued by Midland Funding LLC in Florida

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I was served recently by Midland Funding in FL.  I have not responded to them yet.  From what I can tell, Comenity Bank says I defaulted on a credit card bill, it was sent to collections and then it was charged off and Midland Funding LLC bought the debt.  

Now I assume they just want some money, but I would like to find out what options I have.

They are saying there is a unpaid balance of $8,455.37

Any help is much appreciated

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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.)

Colleen E. Lehmann Esq

Midland Credit Management Inc.

 

3.       How much are you being sued for?

$8,455.37

 

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

Comenity Bank

 

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

Served

 

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

In person

 

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

Yes

 

Process Service Requirements by State - Summons Complaint

 

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

None

 

9.       What state and county do you live in?

Florida, Seminole County

 

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

9/8/2016 they say

 

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

10/10/2014 they say

 

12.   What is the SOL on the debt? To find out:

5 years

 

Statute of Limitations on Debts

 

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).

Summons Issued

 

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 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?

I have 20 calendar days, Summons attached

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 I too was sued by Midland I went to court and made a deal $100 a month I have been paying consecutively for seven months and not miss a payment I recently got something in the mail saying that I defaulted on my payments .  I called and spoke to a representative and he first stated to me that I am responsible for my bank and then if my bank gets the payments there late then I am late although my records show that it was e-filed and they have confirmation they received it before my deadline ..  he then tried to get me to give him my credit card number so I could line up payments with them I said no he then had me turn in my bank statements showing that I have proof of payment so I did that of course covering my account number . I called back the next day and spoke to a different gentleman and he saw where the payments were made and nothing was missed and said get him a week and he would take care of this. A week later I got another letter in the mail saying they were taking me to court I had 45 days to respond and I have to give them a fact information sheet they want my deed to  my house my vehicle registration information my bank statement 401 k..69

a:weverything.  I called back the next day and spoke to a different gentleman and he saw where the payments were made and nothing was missed and said get him a week and he would take care of this a week later I got another letter in the mail saying they were taking me to court I had 45 days to respond and I have to give them a fact information sheet they want my deed my house my vehicle registration information everything I have proven and I have made these payments and not missed a payment I don’t know what else to do. I also am showing that I only owe them a certain amount and they are saying that I owe them quite a large amount more. Thank you for your help

 I would like to include I have been banking with this bank for 20 years and I’ve never had one problem of them not paying one of my creditors or bills.  I Bank also sent them the confirmation numbers that they received the money

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Deed to my house.. if I hav sorrow that I have paid them.. I do not understand what is going on.. I have Search Midland funding and they have terrible reviews of doing this to people

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5 hours ago, Wendy g said:
Deed to my house.. if I hav sorrow that I have paid them.. I do not understand what is going on.. I have Search Midland funding and they have terrible reviews of doing this to people

You should start your own thread if you want to continue this discussion, but if you really have proof that your payments were made, you have nothing to worry about going to court. 

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