TexasSweetheart

Help Need An Answer Today! Being Sued By Midland Funding LLC in TEXAS!

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Hi guys, I am new this, this is the first time I face a lawsuit. I would greatly appreciate any assistance in knowing what process I should follow regarding this lawsuit.

I received the serve papers on 8th of this month and I submitted an answer Friday 11th. I will be posting pictures regarding the files I got and also the answer I submitted to court. Big thank you to @texasrocker for assisting me in the first step of the process. If anyone can help me or guide me I would greatly appreciated. Please excuse my typing and run off sentences.

I really do not have any knowledge in business law so please bare with me if I ask too many questions.

 

Steps Completed.

1. Answer Submitted

2. Can someone help with discovery part, what template can I use and do I file it at court and mail it off to the midland attorney,

 

 

If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):

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.)

County Court

3. How much are you being sued for?

1,600+ more or less

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

Commenity Bank 

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

Served At Home 

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

In person, I don't know how the process server found my new location .

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

I believe so

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,never received any mail, since I changed addressed I didn't have any correspondence from them.

9. What state and county do you live in?

Cameron County in TX

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

Jun 2016 SOL in TX is 4yrs from what I looked up online

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

2013

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

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). I already submitted answer should arrived by Certified mail to Midland Today

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').

I submitted Answer but that is it so far.

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?

14 days

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.

Exhibit A & Exhibit B 2 Affidavits, and CC blurry terms form from Express, Bill of Sale, Most of the documents are blurry.

18.  How did you find out about this site?

Google

18. Read these two links:

Using Arbitration To Defend A Debt Collection Lawsuit

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

 

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Edited by JCamacho01
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19 minutes ago, JCamacho01 said:

Can someone help me, is there a discovery template I can use!?? If I submitted an answer already do I still have time to file this!?

 

Your case is in Justice Court.  You cannot do discovery until you get permission from the court.  You have to get that first.  

Please keep all your questions in this thread and don't start a new thread for each new issue.  It is too hard to keep up with.

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Am I required to request permission from the court? Should I go tomorrow and submit this request? Is there a time limit?I tried asking the lady at the window about what I should do next and she was rude and told me she cannot answer anything and doesn't know.  

Is there a way I can delete the other post I do not know how to? And I am so sorry for the inconvenience I don't mean to do this on purpose or to upset you or anyone.

 

What else can I do to prepare for this? 

@Clydesmom

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17 hours ago, TexasSweetheart said:

Am I required to request permission from the court?

Yes

17 hours ago, TexasSweetheart said:

Should I go tomorrow and submit this request?

Yes

17 hours ago, TexasSweetheart said:

I tried asking the lady at the window about what I should do next and she was rude and told me she cannot answer anything and doesn't know.  

Court clerks are not allowed to give advice.  That is the standard in EVERY state.  Now some do give it anyway but it is rare.

17 hours ago, TexasSweetheart said:

Is there a way I can delete the other post I do not know how to? And I am so sorry for the inconvenience I don't mean to do this on purpose or to upset you or anyone.

Don't worry about that now just keep everything in this thread.

17 hours ago, TexasSweetheart said:

What else can I do to prepare for this?

You can read the thread(s) on this site about arbitration.  A Motion to Compel Arbitration is better than discovery.  Midland NEVER arbitrates.  If you can get the MTC approved they will dismiss.

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