CARO

Being Sued by Midland-Alabama

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I recently received a summons from small claims. 

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

2. What is the name of the law firm handling the suit? Zarzaur & Schwartz, P. C.

3. How much are you being sued for? $5991.61

4. Who is the original creditor? Synchrony Bank

5. How do you know you are being sued? I was served papers at home

6. How were you served? In person.

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? I receved some mail every now and then but I never answered it. I got calls every now and then but I always hung up.

9. What state and county do you live in? Alabama, Russell County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) March 23, 2017

11. When did you open the account (looking to establish what card agreement may be applicable)? Nov 2015

12. What is the SOL on the debt? 3 years

13. What is the status of your case? Suit has been served.

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? No.

16. How long do you have to respond to the suit? 

I have 14 days. 

Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off.

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

An affidavit

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Synchrony has THE BEST arbitration clause of all the creditors.  File a general denial to the lawsuit invoking your right to arbitration per the contract and a separate motion to compel arbitration as well.  That is the best way to get them to drop this and cease collections/suit.

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4 minutes ago, Clydesmom said:

Synchrony has THE BEST arbitration clause of all the creditors.  File a general denial to the lawsuit invoking your right to arbitration per the contract and a separate motion to compel arbitration as well.  That is the best way to get them to drop this and cease collections/suit.

So we just put "invoking my right to arbitration" in the box and is the motion to compel a different form I need to find?

 

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Just now, CARO said:

So we just put "invoking my right to arbitration" in the box and is the motion to compel a different form I need to find?

 

Does Alabama have pre-printed answer forms like GA?  If so were you just check "denied"and submit it to the clerk.  There is no motion to compel form.  You will have to draft a motion yourself.  There are many examples on this forum you can copy and format to your court's style.

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We do have pre-printed forms. Also do we need to inform their lawyer we are doing this? Or wait until a court date...

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4 minutes ago, CARO said:

We do have pre-printed forms.

Use that for the answer.  Double check and make sure AL is not a state where you need to raise that as a defense on the form or you waive your right to arbitration.  If you do, put it down as a defense.  If you don't then do not do it and tip your hand where you are going and give them the chance to be ready.

5 minutes ago, CARO said:

Also do we need to inform their lawyer we are doing this? Or wait until a court date...

Is it trial by ambush?  i.e. do you file the answer and they simply set a trial date?  GA does not allow motions in advance in Magistrate Court.  See if AL does.  If it is allowed file the motion ahead and serve their attorney.  If it doesn't allow motions in advance like GA then have 3 copies of the motion with you on the day of court.

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6 minutes ago, Clydesmom said:

Use that for the answer.  Double check and make sure AL is not a state where you need to raise that as a defense on the form or you waive your right to arbitration.  If you do, put it down as a defense.  If you don't then do not do it and tip your hand where you are going and give them the chance to be ready.

Is it trial by ambush?  i.e. do you file the answer and they simply set a trial date?  GA does not allow motions in advance in Magistrate Court.  See if AL does.  If it is allowed file the motion ahead and serve their attorney.  If it doesn't allow motions in advance like GA then have 3 copies of the motion with you on the day of court.

It is an answer and then the trial date will be set if you deny.

Alabama does not allow motions in advance.

I have never done anything like this so I am nervous about losing. I don't work because I stay home with my son so idk what they will do.

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1 hour ago, CARO said:

It is an answer and then the trial date will be set if you deny.

Alabama does not allow motions in advance.

Okay sounds like it is very similar to Georgia.  

To improve your comfort level start reading threads on GA cases and using arbitration.  (we just don't have that many AL cases on here) and you should have pretty good results using the arbitration defense.

1 hour ago, CARO said:

I have never done anything like this so I am nervous about losing.

No one wants to lose but if you use the arbitration strategy you have the best chance and defeating this.

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