kwoo

Being Sued by Midland Funding in Fulton County

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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.)

Bowman-Dumitrascu, Ashley

3. How much are you being sued for?

6402.76

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

Synchrony

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)

Taped to my door

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? I don't think any

9. What state and county do you live in? Fulton County, GA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) according to the summons, 9/20/2017

11. When did you open the account (looking to establish what card agreement may be applicable)? i dont  remember

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

 

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

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, I have not

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').

No

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? 

20 days.

I am attaching my answer. However, I need help with a counterclaim regarding arbitration.

Answer%20and-or%20Counterclaim%20of%20defendant%20Form%2001282019_1.pdf

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You don't file a counterclaim for arbitration.  You file a Motion to Compel Arbitration.

Filing a counterclaim would be invoking the court's jurisdiction, which you don't want to do, as that may waive your arbitration rights.

 

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2 hours ago, nobk4me said:

Filing a counterclaim would be invoking the court's jurisdiction, which you don't want to do, as that may waive your arbitration rights.

Not in Georgia.  However, a counter claim will make arguing for a MTC a lot harder.

2 hours ago, kwoo said:

So, all I have to do is deny debt on the answer form?

If you are in Magistrate Court:  yes.  All you need to do is check deny and turn it in to the clerk of the court.  They will stamp it and give you a copy back.  Then within the next 14-30 days you will have a trial date set.  The court will notify you and the Plaintiff of the trial date by mail.  

Magistrate Court does not allow discovery or filing motions in advance so you do not need to worry about that.  Start studying the arbitration threads and drafting a MTC.  You will need 3 copies on the day of trial.

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So i looked online and realized, they filed the summons in state court. Also, they lied by stating the served the summons to me. The description is not me and technically the address they say they served  me at I don't live there. I haven't lived there since 2016 but I haven't had my mail forwarded because I rarely get mail there. My mother stays at the address. 

 

What can I do regarding the not being properly served?

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1 hour ago, kwoo said:

Also, they lied by stating the served the summons to me. The description is not me and technically the address they say they served  me at I don't live there.

They served your mother and in GA that is legal.

1 hour ago, kwoo said:

I haven't lived there since 2016 but I haven't had my mail forwarded because I rarely get mail there. My mother stays at the address. 

What can I do regarding the not being properly served?

If you still live in Fulton County it is pointless.  They will simply re-serve the summons.  If you never updated your address with the post office or your drivers license then under the law they did serve you at your last known address.

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Correction. They didnt serve my mother. They didn’t serve anyone. They the left  summons under the door.
 

Also, I reviewed the account statements included with the summons and one of the statements looks fraudulent. They gave me two statements one stated that the payment was due 2/20/2018 and the other states that the payment was due 2/25/2018. The account charged supposedly off on 2/23/2018. 

 

 I disputed Midland a while back and they stated that the account information disputed by consumer, meets FCRA requirements.

At this point, I don’t know what can I do to win my case. Any suggestions?

 

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2 hours ago, kwoo said:

At this point, I don’t know what can I do to win my case. Any suggestions?

Arbitration.  A MTC granted by the Magistrate will cause them to drop it.

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Thanks, I’ll do a MTC with the state court. 

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