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Ineedhelp19

Being sued by midland funding llc please help me!

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Hi I really need help getting this taken care of and I’m not sure where to start. I’m extremely nervous about having my wages garnished because I’m on an extremely tight budget. I just got engaged 2 months ago trying to plan a wedding and now I get this. 

If I am going to fight this in court I have no idea how to formulate a response or what other steps I need to take. I’ve been reading other posts on here but still very unsure on how to proceed.

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.)

Gordon, aylworth, & Tami, P.C

3. How much are you being sued for?

$3,590.70 plus interest at the statutory rate of 12% per annum from the date of judgement until paid

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

Synchrony Bank/AEO

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

This was interesting. Apparently in my city we are served by police officers. I had one come to my house and gave the summons to my fiancé but I was not home and had no interaction with the officer. There was also a notice she put on my back door before my fiancé went outside to talk to her.

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

See above response 

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

I’m not 100% sure on this because it wasn’t served to me directly 

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

Nothing up to this point. I’ve seen differing responses some say I should call and try to negotiate before going to court but it seems as I’ve already been served I’m better off not calling them

9. What state and county do you live in?

 Washington, whatcom county 

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

February 2018 

 11. What is the SOL on the debt? To find out:
6 years 

Motions filed? You can find this by a) calling the court or  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 believe so because I received the summons 

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.         No

15. 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?  

Served on May 14 it says I have 20 days excluding the day of service. So I have 10 days left

16. What evidence did they send with the summons? 

 

I did did not receive a questionnaire, this is what was provided:

COMPLAINT:

 In the District court of the State of Washington from whatcom county

 

Midland Funding llc

Vs.                               Plaintiff

My name

                                  Defendant

 

Plaintiff alleges  Breach of contract

          1. Plaintiff is a limited liability company, which for good and valuable consideration purchased defendants synchrony bank/aeo inc credit card account and contact and all of the associated rights thereunder 

2.  Plaintiff has satisfied the bonding requirements and is duly licensed collection agency pursuant to RCW chapter 19. 16 . A true copy of said license is attached hereto.

3. Defendant, an individual residing in Whatcom county Washington, entered into a contract with Synchrony bank/aeo for a credit card. The credit card was issued to defendant under the account number ******1234.

 4. Synchrony bank/aeo inc supplied the credit card to Defendant subject to an agreement to repay all amounts charged to the account plus associated cost and fees.

5.defendant thereafter used the credit card and became indebted to Synchrony bank/aeo.

 6. Synchrony bank/aeo performed its obligations under the terms of the contract.

7.  Defendant breached the contract by failing to make payment(s) as agreed.  As a result,  defendant's  credit card account was charged off for delinquency on  February 4 2018.

8.   As a result of Defendant's breach, defending is indebted to Plaintiff in the sum of $3590.70 plus interest at the state statutory rate of 12% per annum from date of judgement until paid.

WHEREFORE, Plaintiff prays for judgment against defendant as follows:

1.The sum of $3590.70 plus interest at the rate of 12% per annum from date of judgement until paid

2. Plaintiff's  costs and disbursements incurred herein, with interest thereon at the rate of 12% per annum from the date of judgement until paid.

Dated this day of 

 

It might also be worth noting in section 2 it states “a true copy of said license is attached hereto” however there is no license attached to the summons.

 

any help or advice would be greatly appreciated 

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Your best strategy is arbitration.  The OC here is Synchrony, which has an excellent arbitration clause.  Find out more about arbitration here:

 

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13 minutes ago, nobk4me said:

Your best strategy is arbitration.  The OC here is Synchrony, which has an excellent arbitration clause.  Find out more about arbitration here:

 

 

First time being in a legal case I want to make sure I’m understanding this correctly. Basically this is stating if we go to arbitration they may be required to pay up to $5000 to take the case to arbitration to collect the $3500 that is owed making it not worth it for them. I would be paying somewhere between $0-$250?

 

Also I’ve never dealt with this before how would I respond to the summons? Does it make any difference that in Washington state any amount owed under $5,000 is in small claims court? How can I find this arbitration clause for my specific account through synchrony or is it the same for every synchrony account?

 

thank you so much already for the original response 

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7 minutes ago, Ineedhelp19 said:

 

First time being in a legal case I want to make sure I’m understanding this correctly. Basically this is stating if we go to arbitration they may be required to pay up to $5000 to take the case to arbitration to collect the $3500 that is owed making it not worth it for them. I would be paying somewhere between $0-$250?

 

Also I’ve never dealt with this before how would I respond to the summons? Does it make any difference that in Washington state any amount owed under $5,000 is in small claims court? How can I find this arbitration clause for my specific account through synchrony or is it the same for every synchrony account?

 

thank you so much already for the original response 

The Consumer Financial Protection Bureau has a credit card agreement database.  You can download a copy of your agreement.  You want the year the account was last in good standing.  It might be in the archives  

https://www.consumerfinance.gov/credit-cards/agreements/

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23 hours ago, Ineedhelp19 said:

 

First time being in a legal case I want to make sure I’m understanding this correctly. Basically this is stating if we go to arbitration they may be required to pay up to $5000 to take the case to arbitration to collect the $3500 that is owed making it not worth it for them. I would be paying somewhere between $0-$250?

 

Also I’ve never dealt with this before how would I respond to the summons? Does it make any difference that in Washington state any amount owed under $5,000 is in small claims court? How can I find this arbitration clause for my specific account through synchrony or is it the same for every synchrony account?

 

thank you so much already for the original response 

Yes, that is the basis of the strategy.  You use arbitration to change to cost/benefit analysis of debt collection, to make it not worth it to them.

You need to respond to the summons by denying their allegations, except for your name and address, and including an affirmative defense, that the court lacks jurisdiction due to the presence of an arbitration clause in the cardmember agreement.  The file a Motion to Compel Arbitration.

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3 hours ago, nobk4me said:

Yes, that is the basis of the strategy.  You use arbitration to change to cost/benefit analysis of debt collection, to make it not worth it to them.

You need to respond to the summons by denying their allegations, except for your name and address, and including an affirmative defense, that the court lacks jurisdiction due to the presence of an arbitration clause in the cardmember agreement.  The file a Motion to Compel Arbitration.

Thank you again you have been a big help. If I know the debt is valid would it be better to deny they allegations or state that I lack knowledge of the allegations?

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3 hours ago, nobk4me said:

Yes, that is the basis of the strategy.  You use arbitration to change to cost/benefit analysis of debt collection, to make it not worth it to them.

You need to respond to the summons by denying their allegations, except for your name and address, and including an affirmative defense, that the court lacks jurisdiction due to the presence of an arbitration clause in the cardmember agreement.  The file a Motion to Compel Arbitration.

Thank you again you have been a big help. If I know the debt is valid would it be better to deny they allegations or state that I lack knowledge of the allegations? Also is there a a place I can find a template or information on how to write this out? I’ve been looking but having a hard time finding anything.

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12 hours ago, Ineedhelp19 said:

Thank you again you have been a big help. If I know the debt is valid would it be better to deny they allegations or state that I lack knowledge of the allegations? Also is there a a place I can find a template or information on how to write this out? I’ve been looking but having a hard time finding anything.

The answer is mostly a formality.  It's not like they will hook you up to a lie detector test to see if you REALLY didn't know or flat out denied it even though you weren't 100% sure or something like that.  The way I usually explain it, is by asking if you are absolutely sure that what they claim you owe is correct down to the penny?  Did they calculate all interest and late fees correctly?  Do you know that answer right now without looking through documents?  If you can't answer that, then I would deny (or state that you don't know, therefore deny - it's the same thing) their claims.  Denying everything just forces them to prove it through their evidence.

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