Jump to content

Need to file Answer Mon/Tue need help-Midland/Care Credit


JW200
 Share

Recommended Posts

I'm so glad I found this forum and have been reading everything I can since I have been served. Its day 22 and i need to file my answer (last minute I know but I have been so confused and seriously wondering if i can do this).

 I have all the paperwork filed out and now I am second guessing myself. Should I file a General Denial form (like ASTMedic did) or the PLD-C-010 and check box 3.a. and 4. stating "Lack of Subject Matter Jursidiction-The underlying contract contains a private arbitration clause which the Defendant has elected to exercise, Therefore, This Court does not have jurisdiction to hear this matter.?

The Summons contained:

Complaint for: 1. Account Stated 2. Open Book Account Demand $2,445.61 with Exhibits A & B
Declaration in Support of Reduced Filing Fee
Declaration of Venue

Here is my list of answers to the general questions:

1. Who is the named plaintiff in the suit? Midland Funding LLC

2. What is the name of the law firm handling the suit? Mandarich Law Group, LLP

3. How much are you being sued for? $2,445.61

4. Who is the original creditor? Care Credit, Synchrony Bank

5. How do you know you are being sued? Served summons and complaint on 12/15 and mailed a copy received 1/4/19

6. How were you served? Handed to my husband and mailed after

7. Was the service legal as required by your state? Not sure

8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received letters, but did not respond

9. What state and county do you live in? California, Sacramento County

10. When is the last time you paid on this account? 12/6/2016

11. What is the SOL on the debt? 4 years

12. What is the status of your case? Suit served, will be filing an answer on 1/7/19

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? NO

15. How long do you have to respond to the suit? 30 days from being served

 16. What evidence did they send with the summons? EXHIBIT A - Account Statement for the month of 12/2016 and 6/9/2017

 

CareCredit_Credit_Card_Account_Agreement_and_Pricing_Information.pdf

Link to comment
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.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.