TexasGirl8002 Posted July 10, 2019 Report Share Posted July 10, 2019 (edited) I'm not sure how much detail is required so please bear with me. 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.) Chase Hague, Attorney for Midland Funding, LLC, Houston TX 3. How much are you being sued for? $8,708.64 4. Who is the original creditor? (if not the Plaintiff) JCPenney/Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Yes. I was served. 6. How were you served? (Mail, In person, Notice on door) I came home to the document taped to my front door. I also had a copy in my mailbox. 7. Was the service legal as required by your state? Yes. It appears that I was served legally. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None. 9. What state and county do you live in? Smith County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) They say June 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2016 12. What is the SOL on the debt?: 4 years 13. What is the status of your case? I was served on 06/11/2019, I filed an answer with the court on 06/24/2019 (general denial) and I claimed the arbitration and award affirmative defense. At that time I was given a hearing date of 08/26/2019. Today, 07/09/2019, I filed a Motion to Compel Arbitration and a sworn affidavit with the Synchrony credit card agreement attached highlighting the arbitration clause. 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 had until June 25th, 2019 and I filed an answer on June 24th, 2019 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of Stephanie Bruemmer relating to damages and business records Copies of credit card statements dated June 30th 2017, November 30th 2017 and December 29th 2017 Bill of Sale Midland (ENFS)-PLCC Fresh-January 2018 Purchase Price Reconciliation/Funding Instructions (Forward Flow Accounts Purchase Agreement) Certificate of Conformity Under NYS CLS CPLR § 2309(c) and NYS CLS RPL § 299-a When I went to file my MTC Arbitration with the Justice Court today, the clerk very haughtily informed me that I would have to hire an attorney to compel arbitration. She stated that I could not do that on my own. She then asked me if I actually read the arbitration clause and I affirmed that I had. The clause that she was referencing is under the subheading: How to start an arbitration, and the arbitration process: paragraph 3, which states, "The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control." My understanding, after reading the clause, is that I DO NOT have to hire an attorney to compel arbitration. It states that arbitration administrator ( AAA or JAMS) will appoint the arbitrator and that one of the stipulations is that the arbitrator has to have ten years of legal experience. Am I wrong about this? The clerk filed my motion but did not set a hearing date and emphatically insisted that, "we just don't do that here!" I have attached a copy of the arbitration clause in full. Please help. Any information is greatly appreciated! Thank you! Edited July 10, 2019 by jenn8002 Multiple attachment with same information Quote Link to comment Share on other sites More sharing options...
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