Blue1234 Posted January 26, 2021 Report Share Posted January 26, 2021 1. Who is the named plaintiff in the suit? Midland Credit Management 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Clarkson and Hale 3. How much are you being sued for? $1356.24 and $2132.87 4. Who is the original creditor? (if not the Plaintiff) Synchrony bank for both 5. How do you know you are being sued? (You were served, right?) Court documents hand delivered to me at home. 6. How were you served? (Mail, In person, Notice on door) Given to me at home 7. Was the service legal as required by your state? I guess? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Not sure 9. What state and county do you live in? Aiken County SC 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 06/2019 and 07/2019 11. When did you open the account (looking to establish what card agreement may be applicable)? 06/2019 and 05/2015 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Served? 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'). 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 30 days Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. A statement from OC, A notice required by the fair collections act, an affidavit of itemization of accounts Quote Link to comment Share on other sites More sharing options...
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