Phillio9

In SC about to be sued by Midlands

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Hello, I’m in the very beginning stages of being sued by midlands credit management. I received a suspicious piece of mail from a ‘mediator’ referencing a court case number. I searched my name in the county records and found it. 
May 7- filed summons and complaint. 
May 11- filed summons and complaint docs

may 11- archived summons/sccd/

SO, before I begin this journey what does this mean? I understand it is for real. The debt is mine and I haven’t bothered to deal with them. They have spent about $80 in court fees to file. I have NOT been served anything. How long do they have? Do I need an attorney? I’m not interested in settling bc synchrony isn’t going to be involved (original creditor). If they get a judgement, they cannot garnish my wages but I do think they could freeze my bank accounts which is a PIA. The SOL in my state is 3 years and this debt was charged off  over a year ago. 
Please help me with a starting point. I want to be a few steps ahead in the game. Thank you!!

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On 5/20/2020 at 5:17 PM, Phillio9 said:

I’m not interested in settling bc synchrony isn’t going to be involved (original creditor).

Please read your rules of civil procedure so you can submit your Answer to the Complaint by the deadline to avoid default. Do you have a copy of the Synchrony agreement? Synchrony has an arbitration section that many of our members have used to get out of court and into a mutual walkaway settlement. You need to research Affirmative Defenses for your state and if arbitration must be pleaded as an Affirmative Defense in your Answer. Please read Fisthardcheese's pinned thread to learn about the arbitration strategy:

Here is a memorandum of law in support of a motion to compel arbitration written by a SC attorney:

https://www2.greenvillecounty.org/scjd/PublicIndex/PIImageDisplay.aspx?ctagency=23002&doctype=D&docid=1532543897864-178&HKey=8165814980868683718689107701224810077761081134351507911911198577110710084104509074778750551127948&AspxAutoDetectCookieSupport=1

Come back with questions. 

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Hi, thank you! I don’t have my original pamphlet for the cardmember agreement but I did find the cards agreement online in a pdf file. I will print it and create and affidavit to supply in my response. 

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