Ashley Pickett Posted February 12, 2019 Report Share Posted February 12, 2019 Hi! I received court papers on Friday that states Midland Funding is suing me. I don’t know where to begin! I have 14 days to write a response. I’m not sure what I’m supposed to say. It’s from Syncrony Bank for $1600. Can I call Midland Funding and set up a payment plan or is it too late for that? I thought this was removed form my credit report. Please help! Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted February 12, 2019 Report Share Posted February 12, 2019 @Ashley Pickett @texasrocker may check in to advise. In the meantime, you may want to read the pinned thread on arbitration by fisthardcheese to get up to speed on another option you have. The Synchrony agreements have an arbitration clause that is very friendly to you. Quote Link to comment Share on other sites More sharing options...
Clydesmom Posted February 12, 2019 Report Share Posted February 12, 2019 2 hours ago, Ashley Pickett said: I thought this was removed form my credit report. It may have been. The JDBs like Midland are getting the OC to delete their trade line from credit reports as part of the sale to avoid FDCPA and FCRA counter claims when they sue. Do not be surprised if both re-appear after the case is over. Synchrony has the best arbitration clause of all the creditors it is by far your best option in dealing with this and making it go away. Quote Link to comment Share on other sites More sharing options...
texasrocker Posted February 13, 2019 Report Share Posted February 13, 2019 For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he <or she> is justly entitled to. <Your name, address and phone number> File it with the court immediately and send a copy to the attorney's office that filed the lawsuit. Quote Link to comment Share on other sites More sharing options...
Brotherskeeper Posted February 13, 2019 Report Share Posted February 13, 2019 @texasrocker If @Ashley Pickett is considering arbitration as an option, does she have to include this as an affirmative defense to avoid waiver under Texas rules? Quote Link to comment Share on other sites More sharing options...
texasrocker Posted February 13, 2019 Report Share Posted February 13, 2019 It is not required but that does not mean they should not do it. It could bolster an appeal if the need arises . 1 Quote Link to comment Share on other sites More sharing options...
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