HELP Midland Suing in Florida

[HELP Midland Suing in FL 0]

 

1.    Who is the named plaintiff in the suit?

Midland Credit Management, inc

2.    How much are you being sued for?

    $4260.31 and the costs of bringing this action 

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

     Capital One

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

    My husband was just served today, and that is how I found out.

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

My husband was served in our front yard.

6. Was the service legal as required by your state?

I believe so

7. What was your correspondence (if any) with the people suing you before you think you were being sued?

  To my recollection, I haven't had any.

8. When is the last time you paid on this account? December 2018, in Georgia

They are suing for two capital one accounts. One says 02/20/2019 and other is 12/22/2018

9. When did you open the account (looking to establish what card agreement may be applicable)?

       1st 06/27/2015 

       2nd 05/12/2016

 

10. What is the SOL on the debt? To find out:

     I think 5 years in Florida

      

11. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

        A couple of days ago I went on transunion and disputed anything possible 

 

12. Did you request debt validation before the suit was filed?
No because I didn’t receive anything

     

13. 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

       I have no idea. I just received the papers saying about the Pretrial scheduled for March 19th.

14. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

No

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

1. Bill of Sale between capital one and midland for first account 

2. Affidavit of Sale of Account by Creditor for first account 

3. Certificate of Conformity for first account 

4. Field and Field Data with some info from capital one (I assume) about the first account

5. The last statement (aug 25-sep 24 2019)

6. Bill of Sale between capital one and midland for the second account 

7. Affidavit of Sale of Account by Creditor for the second account 

8. Certificate of Conformity for the second account 

9. Field and Field Data with some info from capital one (I assume) about the second account 

10. the last statement ( July 9-aug 8th 2019)

11. Affidavit of a legal specialist about the first account

12. Affidavit of a legal specialist about the second account 

13. situs designation form

Please help! What should I do?

I've been reading nonstop. I believe MTC arb is not possible because of capital one. I was wondering how I should answer?

[Clydesmom 1,222]

4 hours ago, HELP Midland Suing in FL said:

I believe MTC arb is not possible because of capital one.

You are correct.  Cap1 removed arbitration as an option over a decade ago.  You will have to defend the suit as a MTC is not an option.

4 hours ago, HELP Midland Suing in FL said:

I was wondering how I should answer?

See if the court has a pre-printed answer form option.