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Yikes!

Summons received from Midland Funding and my answer is due SOON

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I am being sued by Midland Funding by a lawyer group in Oregon, I’m in King county Washington. After reading though the forum, it seems I should file for arbitration, but I have several specific questions:

1.      When I file my answer, should it mention arbitration?

2.      How/when does the MTC comes into play? Do I file this with my answer?

3.      I’m unsure when/how to file for arbitration with AAA (specific to my card agreement). Do I start this after I have an actual court date? I have only been served a Summons, no court date is currently set and I don’t want to begin arbitration against Midland, I just want to move their suit against me, if that makes sense.

Here are the answers to your questions:

 1. Who is the named plaintiff in the suit?

Midland Funding LLC

2.What is the name of the law firm handling the suit?

Gordon, Aylwowrth & Tami, P.C.

3. How much are you being sued for?

$1103.00

4. Who is the original creditor? 

CitiBank, N.A.

5. How do you know you are being sued? 

 I was serve a summons from King County District Court.

6. How were you served?

A man left the summons with my spouse stating I am being sued. It was not in an envelope or folder of any kind.

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

I’m not sure

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

Collection letters.

9. What state and county do you live in?

Washington, King county

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

10/10/17

11. When did you open the account

3/28/15

12. What is the SOL on the debt? 

6 years

13. What is the status of your case? Suit served? Motions filed? 

I’ve received a summons,  no court date has been set. I have started my answer, but have not filed it with court.

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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

Yes, prior to being served. They sent me Bill of sale assignment, statements from 8/17-5/18, a single sheet of paper with account info provided by Citibank, a card agreement print out (no signature), fact sheet pricing info table discussing interest rates, fees, etc from 2011.

16. 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 received the summons on Sunday September 8th, but it was dated August 29th. I have 20 days to respond, but I would like to submit my response by this Friday the 13th

P1-P2: they bought the debt and are licensed to sue me

P2-P7: I was supplied an account, became indebted to Citibank and breached the account for lack of payment

P8: Now I'm indebted to Midland due to the breach of contract for the amount ($1103) + fees + interest

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Nothing was included with the summons.

The only documents I have are the ones they sent when I asked for verification (Bill of sale assignment, statements from 8/17-5/18, a single sheet of paper with account info provided by Citibank, a card agreement print out (no signature), fact sheet pricing info table discussing interest rates, fees, etc from 2011.)

18.  How did you find out about this site?

Online search for being sued by Midland Funding LLC

 

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