Intensivefire

Sued by Midland Funding in Oregon looking for some help

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I just received the summon papers last night and its dated 17th. I have been looking around online  but have no idea how to actually proceed with this. I would appreciate any and all help. thanks.

 

 

s 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.)

Gordon, Aylworth & Tami, P.C.

 

3. How much are you being sued for?

$2695.14

 

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

Synchrony Bank/Walmart

Synchrony Bank/Amazon

 

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

Yes

 

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

In person

 

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

I believe so

 

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

Nothing that i remember

 

9. What state and county do you live in?

Polk County, Oregon

 

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

Sometine in 2015

 

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

Sometime in 2015

 

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

Oregon says 6 years but these cards were issued in Puerto Rico which i believe is 3 years

 

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).

Open

 

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?

First Cause of Action

Breach of Contract

1. Defendant entered into a contract with Synchrony Bank/Walmart for a credit account.

2.Synchrony Bank/Walmart performed its obligations under the terms of the contract and supplied the defendant with a credit account under the account number ********5639.

3. Defendant used the credit account and became indebted to Synchrony Bank/Walmart.

4. Defendant breached contract by failing to make payments as agreed. The last payment on the account prior to charge off was made on Feb 27, 2015 in the amount of $468.00

5. As a result of Defendants failure to pay, Defendants credit account was charged off for delinquency on Jan 25, 2016.

6. As of the date of charge off, the balance due on the Defendants account was $1470.62.

7. As of date of charge off, the interest rate on Defendants account was 22.90%

8. Defendant has failed and refused in the obligation under the terms of contract  to make the required payments on the account.

9. The account having been assigned to Plaintiff, as a result of Defendants breach, Defendant is indebted to Plaintiff in the sum of $1470.62

Second Cause of Action

Breach of Contract

10. Defendant entered into a contract with Synchrony Bank/Amazon.com for a credit account.

11.Synchrony Bank/Amazon.com performed its obligations under the terms of the contract and supplied the defendant with a credit account under the account number ********9315.

12. Defendant used the credit account and became indebted to Synchrony Bank/Amazon.com.

13. Defendant breached contract by failing to make payments as agreed. No payments were made on the account.

14. As a result of Defendants failure to pay, Defendants credit account was charged off for delinquency on Feb 3, 2016.

15. As of the date of charge off, the balance due on the Defendants account was $1188.55.

16. As of date of charge off, the interest rate on Defendants account was 26.24%

17. Defendant has failed and refused in the obligation under the terms of contract  to make the required payments on the account.

18. The account having been assigned to Plaintiff, as a result of Defendants breach, Defendant is indebted to Plaintiff in the sum of $1188.52.

 

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

Only the complaint

 

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This is the best strategy for defeating a JDB where the OC is Synchrony - arbitration.

 

 

Unless you might be able to raise a Statute of Limitations defense - not sure about that.  I think it depends on when you moved from Puerto Rico to Oregon.

 

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I greatly appreciate the answer, im still working on the answer but im having some trouble with it and after that i need to try the MTC. I moved from PR to Oregon on October 2017.

My question is, should i file my answer with the MTC together or first the answer and then the MTC seeing as im short on time?

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I would wait until the arb motion is granted.  It's possible the JDB will dismiss at that point.  Or the court may require you to file the arbitration.  If so, do it.  I would use JAMS, which is reportedly more consumer friendly and more expensive for the creditor.  The whole key to the arb strategy is changing the cost-benefit analysis of debt collection to be unfavorable to the creditor.

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I just got a letter in the mail from Midlands attorneys a notice of dismissal, supporting declaration, proposed dismissal and certificate of mailing. Im assuming they are offering a dismissal without prejudice. Whats exactly should i do next? This was after i filed my answer and MTC, i also sent them a copy of both.

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@Intensivefire

What was the result of this? I'm in almost exactly the same boat: going to be served by GA & Tami soon (I believe) by midland for a Walmart and Amazon card in Portland for nearly the same amount. Was the SOL the reason for the dismissal? Curious how this worked out for you as I'll be filing an MTC when it's time!

Thanks! 

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45 minutes ago, fishlips said:
 

@Intensivefire

What was the result of this? I'm in almost exactly the same boat: going to be served by GA & Tami soon (I believe) by midland for a Walmart and Amazon card in Portland for nearly the same amount. Was the SOL the reason for the dismissal? Curious how this worked out for you as I'll be filing an MTC when it's time!

Thanks! 

Once i filled my answer and MTC i got a letter in the mail saying they were going to file to dismiss the case at a certain date. The date came and the status of my case showed dismissed without prejudice. Just file your answer and MTC as soon as possible and you should be fine, they seem to only be interested in winning by default.

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Hi Intensivefire, 

I'm being sued in Washington by the same law firm representing Midland. I plan to do just as you did, answer and file an MTC. Would you be willing to share how you responded on both (minus sensitive details)? How did you get your fee waived? I'm sure it varies by state but it would very much help. The amount Midland is claiming I owe is outrageous and I want to put up a fight.

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