MIOMH Posted July 18, 2019 Report Share Posted July 18, 2019 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.) Pressler, Felt & Warshaw, LLP. 3. How much are you being sued for? Over $18,000. 4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A (Costco Anywhere Visa Card) before Citibank it was American Express by Costco. 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 to my wife. 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? None 9. What state and county do you live in? New York, Suffolk County. 10. When is the last time you paid on this account? Summons states November 28, 2017. 11. What is the SOL on the debt? I believe 6 years. 12. What is the status of your case? Suit served? 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). Answered Summons and Complaint on 07-01-19. 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? I calculated had to be answered by July 15th, since my wife accepted it on June 10th (30 days). Charges: First Cause of Action (Summarized) 1) Midland has taken assignment of owner Citibank, N.A. (Costco Anywhere Visa Card by C) account number ending in four digits. 2) My name resides within the jurisdictional limits of this court. 3) Plaintiff alleges that I am the responsible person of this account. 4) I failed to repay the balance owed on the account, which is in default. 5) The account was assigned from the original creditor to Midland. 6) Accrued on or about November 28, 2017. 7) The date of last payment is on or about November 28, 2017. ? Upon information the SOL has not expired. 9) There is now due and owing Midland $18,000. No, interrogatory (questionnaire) was received only the Summons. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Just Summons and Complaint. Online it shows “Statement of Authorization for Electronic Filing” on 06-10-19, “Affirmation/Affidavit of Service” by Attorney on 06-19-19, “Court Notice” on 06-26-19 and my hard copy “Answer” on 07-01-19 but not viewable yet. I haven’t provided Midland with my answered, yet. Does that mean the case is closed and a default judgment will be granted to Midland? If, not should I still provide the attorney my answer via certified mail first class and an Affidavit of Service or will certified mail suffice. I appreciate all assistance with this matter. Thank you in advance. Quote Link to comment Share on other sites More sharing options...
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