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LilBoricua103

Midland Funding Lawsuit-Texas

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Hi there,

I was hoping someone could assist me.  We are being sued by Midland Funding LLC in the JP court in Houston, TX.  (side note, portfolio is after us too on another account at the same court-really stressing here).  That being said, we filed an answer back in May.  We got a notice of trial setting in the mail about a week ago for October and it also said we needed to let them know if we want a jury trial.  Our confusion is WHY in the world would Midland funding file a motion for default judgment on July 18 when we filed an answer?  We filed using a template someone suggested on here and gave a copy to the court, kept one, and mailed one certified mail return receipt.  Did they file that in error?  Can someone give me tips on how to proceed?  TIA.

Screen Shot 2019-08-15 at 7.16.51 PM.png

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Did you serve your answer on ONLY the court?  If so, that is why.   You have to serve the answer on the court AND the Plaintiff.

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No.  I sent them a copy certified mail/return receipt.  I have proof I mailed them a copy as well.  What do you suggest my next step should be?  I'm really hoping someone can help me.  Our court date is next month.

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I hope someone out there can help me.  I asked this question a while back and my court date is on Friday, 10/25/19.  Please help me...

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On 10/19/2019 at 2:44 PM, Harry Seaward said:

Who is the original creditor? 

Midland Credit is filing the lawsuit and it was sold to them by Walmart (Synchrony Bank)

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Wanted to add, they pretty much filed an improper motion.  I'm wondering if I can request a dismissal of that motion during friday's court and possibly a dismissal of the case or if this would qualify to request a sanction for the improper filing?

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On 8/15/2019 at 5:18 PM, LilBoricua103 said:

Midland funding file a motion for default judgment on July 18 when we filed an answer?  We filed using a template someone suggested on here and gave a copy to the court, kept one, and mailed one certified mail return receipt.  Did they file that in error? 

The entry may be incorrect but they may have filed for summary judgment.  Without seeing the actual filing it is hard to guess what they were thinking. If it is for default judgment then it is likely nothing more than one hand doesn't know what the other is doing.

4 minutes ago, LilBoricua103 said:

I'm wondering if I can request a dismissal of that motion during friday's court and possibly a dismissal of the case or if this would qualify to request a sanction for the improper filing?

You can but the court will deny both.  Your remedy is that the court denies the motion for default judgment because you answered and you showed up for trial.  It does not give rise to a legal reason to toss the entire case. As for sanctions unless you can prove it was negligent or illegal it sanctions are unlikely.

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5 minutes ago, Clydesmom said:

The entry may be incorrect but they may have filed for summary judgment.  Without seeing the actual filing it is hard to guess what they were thinking. If it is for default judgment then it is likely nothing more than one hand doesn't know what the other is doing.

You can but the court will deny both.  Your remedy is that the court denies the motion for default judgment because you answered and you showed up for trial.  It does not give rise to a legal reason to toss the entire case. As for sanctions unless you can prove it was negligent or illegal it sanctions are unlikely.

I have attached the documents from the court.  I am working on showing you the document, I'm going to see if it can be pulled up online.  I truly appreciate your assistance.  God bless.

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22 minutes ago, Clydesmom said:

The entry may be incorrect but they may have filed for summary judgment.  Without seeing the actual filing it is hard to guess what they were thinking. If it is for default judgment then it is likely nothing more than one hand doesn't know what the other is doing.

You can but the court will deny both.  Your remedy is that the court denies the motion for default judgment because you answered and you showed up for trial.  It does not give rise to a legal reason to toss the entire case. As for sanctions unless you can prove it was negligent or illegal it sanctions are unlikely.

Here is what they filed.

Screen Shot 2019-10-22 at 1.13.57 PM.png

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Just now, Harry Seaward said:

This specific account doesn't qualify, sadly.  I've been reading up a lot on this website.  Amazing info.  On another post I made about another case I had, I learned the link to check on terms and sadly, this one doesn't qualify.  :(

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Just now, LilBoricua103 said:

this one doesn't qualify.

What do you mean? Why doesn't it qualify? Synchrony has one of the best arbitration clauses of any card issuer. 

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1 minute ago, Harry Seaward said:

What do you mean? Why doesn't it qualify? Synchrony has one of the best arbitration clauses of any card issuer. 

Now you have me second guessing that I read their arbitration clause wrong.  I will go back and look.

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In your other thread, you commented that US Bank had a small claims exemption in their arb clause, however Synchrony has no such restriction. 

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1 hour ago, LilBoricua103 said:

Here is what they filed.

They did file for default but odds are good that some low paid clerk or associate at the large debt collection law firm handling the case was clueless the answer was filed and properly served.  The court will deny the motion (if they haven't already) because there is an answer properly filed with the court and the Plaintiff.  Hence the trial scheduled for Friday.

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8 minutes ago, Harry Seaward said:

In your other thread, you commented that US Bank had a small claims exemption in their arb clause, however Synchrony has no such restriction. 

For that specific case which was also acquired by Midland for a Rooms to Go Account, (I ended up settling with them), US Bank was the bank when my husband opened the account and then it was acquired by Synchrony.  Synchrony is the original creditor for this specific walmart account.  I'm working on verifying any arbitration clause again for this specific account.  I truly appreciate your help :)

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10 minutes ago, Clydesmom said:

They did file for default but odds are good that some low paid clerk or associate at the large debt collection law firm handling the case was clueless the answer was filed and properly served.  The court will deny the motion (if they haven't already) because there is an answer properly filed with the court and the Plaintiff.  Hence the trial scheduled for Friday.

My husband was about to call them to mention their erroneous filing but I said to let me post about the situation on here first to see what y'all would advise.  My initial reaction was for us to just show up to court on Friday with proof of proper filing and see what happens.  Thank you so much for your input.

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