gumomistar Posted December 27, 2018 Report Share Posted December 27, 2018 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.) Blitt & Gaines, P.C. 3. How much are you being sued for? $1,148.20 plus costs. 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank - Amazon Card. 5. How do you know you are being sued? (You were served, right?) I was served. 6. How were you served? (Mail, In person, Notice on door) Younger brother received a summons packet at 2 PM on 12/26/18. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Yes. However, it did not come in a sealed envelope but rather a paper packet. What's more odd is that the packet has two front pages missing. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I did receive a collections notice from Blitt & Gaines a month or two ago. 9. What state and county do you live in? Illinois, Lake County. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) No payments made. 11. When did you open the account (looking to establish what card agreement may be applicable)? 11/01/2016 12. What is the SOL on the debt? To find out: Time has not expired on the debt for written, oral, and open-ended accounts. 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 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit served. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No I have not. 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 I have not. Should I do this now after having received my served/summon packet on 12/26/18? 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 did not receive an interrogatory. Unsure how long I have to respond to the suit as there is only a date in which I am to appear in court. This may be on the first two pages that the packet had missing? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Statements from the OC are only listed within the complaint. They only sent an affidavit from an affiant named Pat T. who is "an offer for Plaintiff and designated full-time employee of Midland Credit Management, Inc..." The affidavit only includes an online summary of account activity from Amazon.com's Synchrony Bank. There is no original contract included within the affidavit at all. (Please see included .pdf file). 18. How did you find out about this site? Looked online for Midland Funding LLC suing and well...there were some interesting articles on this site. Quote Link to comment Share on other sites More sharing options...
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