LittleDavid

Sued by MCM less than 10k in TX (Citibank)

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Seeking wisdom from the group:

1. Who is the named plaintiff in the suit? Midland Credit Management

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

3. How much are you being sued for?  $6k

4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A

5. How do you know you are being sued? (You were served, right?) Served

6. How were you served? (Mail, In person, Notice on door) In Person

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  Sent a DV letter on Feb 2nd, got certified mail tracking receipt, but forgot to ask for service return signature (Considering counterclaim for this one)

9. What state and county do you live in? Harris, TX

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL.

11. When did you open the account? 2011

12. What is the SOL on the debt? To find out: 4 years 

13. What is the status of your case?  No court date set yet

Suit served? Yes,

Motions filed?  I filed  Motion for Discovery, they answered objecting to it.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Not yet.

15. Did you request debt validation before the suit was filed? Note: Yes, sent a DV letter on Feb 2nd, got certified mail tracking receipt, but forgot to ask for service return signature (Considering counterclaim for this one)

16. How long do you have to respond to the suit? Answered within 15 day time frame, along with my own Motion for Discovery to the Court, which they answered by objecting to it.

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

- Affidavit of Sale (from an employee from Citibank, but no record keeping experience or job description listed)

Affidavit from MCM Employee, Litigation Specialist, listing the account history and transfer.

- Last couple bank statements.

- Bill Of Sale (without my name and account on it, but a separate printout has those, but no authentication on those two documents

.)

18.  How did you find out about this site? Google

 

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5 hours ago, LittleDavid said:
 
Seeking wisdom from the group:

1. Who is the named plaintiff in the suit? Midland Credit Management

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

3. How much are you being sued for?  $6k

4. Who is the original creditor? (if not the Plaintiff) Citibank, N.A

5. How do you know you are being sued? (You were served, right?) Served

6. How were you served? (Mail, In person, Notice on door) In Person

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued?  Sent a DV letter on Feb 2nd, got certified mail tracking receipt, but forgot to ask for service return signature (Considering counterclaim for this one)

9. What state and county do you live in? Harris, TX

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2018, not outside of SOL.

11. When did you open the account? 2011

12. What is the SOL on the debt? To find out: 4 years 

13. What is the status of your case?  No court date set yet

Suit served? Yes,

Motions filed?  I filed  Motion for Discovery, they answered objecting to it.

 

I am assuming you filed a motion for the court's approval to begin discovery in a JP court as there is no such thing as a "motion for discovery" in Texas.  What is the name of the attorney that filed the suit?  Can you post a copy of the motion you filed and the objection they filed (with your personal information redacted of course.)

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