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Being sued by Midland Credit in Arlington, Virginia (General District Court)


ikd
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1. Who is the named plaintiff in the suit? 

- Midland Credit Management LLC 
 
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 
 
Peter Heindel 
 
3. How much are you being sued for? 
 
$13,033.75 
 
4. Who is the original creditor? 
 
Capital One 
 
5. How do you know you are being sued? 
 
Served a Warrant in Debt 
 
6. How were you served? 
 
Given to mother in law, who lives in the same household as I 
 
7. Was the service legal as required by your state? 
 
Yes 
 
8. What was your correspondence (if any) with the people suing you before you think you were being sued? 
 
Two collection letters 
 
9. What state and county do you live in? 
 
Arlington County, Virginia
 
10. When is the last time you paid on this account? 
 
06/2019 
 
11. When did you open the account (looking to establish what card agreement may be applicable)? 
 
08/23/2015 
 
12. What is the SOL on the debt? To find out: 
 
3 years 
 
13. What is the status of your case? 
 
Just received Warrant in Debt few days ago, scheduled for appearance on 01/04/21 
 
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 
 
No (The account is completely gone from my credit reports) 
 
15. Did you request debt validation before the suit was filed? 
 
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? 
 
No response required, just have to come to court on 01/04 (General District Court in Arlington, VA) 
 
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 
 
  1. Warrant in Debt 
  2. Two months statements
  3. Forward Flow Receivable Sale Agreement 
  4. Affidavit of sale by the account owner (Notarized statement from Capital one VP, about sale of debt) 
  5. Certificate of conformity
  6. Record with my info
  7. Affidavit from Midland employee 
=========================================================================================
 
Really scared right now, but after reading VA Code, FDCPA, some case law, and this forum,  I feel better now.
 
Still, I'm not sure what to do...
Capital one doesn't seem to have an arbitration in the card agreement, but I also can't confirm as I can't locate the agreement anywhere online (apparently 2015 card agreements are not available on FTC website, but it says I can ask the card issuer for the agreement and they are required to provide it, but I doubt it will have an arbitration option either way)
Currently, I was thinking of maybe trying to strike down ALL of their evidence as a hearsay, and asking judge to dismiss the case...unless they bring a witness, which I doubt that they would. 
 
Plan B, is asking for arbitration and hope that their lawyer agrees.... 
 
If they win the case, I probably couldn't even pay them anything anyway....I lost my job due to the pandemic few months ago, and currently receiving unemployment for another month(until the end of December). I have a car that is financed until 2022, but other than that nothing else to my name. I am really worried about the car though, as I've been paying it off for almost 5 years, and it would be devastating to lose it this way (which is also finance with CapOne btw lol).
 
I'd really appreciate any advice or help with this. I've read many topics on this forum, and I am really surprised about how helpfu many of the responses are.
 
Thank you so much in advance.
I've attached the copy of the papers that had been served to me. 
 
 

warrantindebt_appear_01-04.pdf

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7 hours ago, ikd said:

Capital one doesn't seem to have an arbitration in the card agreement

They do not.  They removed it over a decade ago.

7 hours ago, ikd said:

Currently, I was thinking of maybe trying to strike down ALL of their evidence as a hearsay, and asking judge to dismiss the case...unless they bring a witness, which I doubt that they would. 

Unfortunately in the covidiocy world they are likely to allow a witness to testify by phone or zoom for safety.  The business records laws have pretty much eliminated the hearsay claims on these cases but make sure you have case law from VA to support your defense. Worst that happens is the judge denies your motion.

You might want to consult a Consumer Attorney to discuss your situation.  They can advise you how at risk the car is being financed by Cap 1.

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I have legal shield membership, thankfully I paid for it last month lol.

But I'll try to speak to an attorney about it tomorrow. But I'm definitely not going there and giving up to them. 

I think ill ask for Bill of Particulars the very least. 

Any other ideas? 

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@ikd The attorney of record in your case (P. Heindel) works directly for Midland out of Midland's Richmond office. He and his team filed suit against this CIC member @Luvmybabasin Chesapeake, Virginia. Midland's Richmond attorneys are familiar with the template we use for the motion to compel arbitration. Even though the credit card agreement in Luv's case clearly had an applicable arb provision, Midland was still successful in getting Luv's motion denied. Virginia has a controversy over whether or not a denied motion to compel arb is appealable as an interlocutory appeal. Luv was not allowed by the district court staff and the managing judge to file an interlocutory appeal. In the end, Luv was able to speak directly with Attorney Heindel--no easy feat by the way--to negotiate what turned out to be a non-suit. Luvmybabas did not update her thread to show this result. I will caution you that Mr. Heindel did not appear to follow through with what he agreed to do in the phone conversation. Luv was able to pressure the staff attorney that showed up at the trial to do the right thing. Here are the 2 threads that follow Luv's case. They may offer some helpful info. Arlington is very different than Chesapeake, so the experience of the court staff in the clerk's office may be quite different, as perhaps the judges will be as well. The amount you're being sued for is quite high. I would imagine Midland will be most attentive. 

 

 

 

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