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Being sued by midland in Florida


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I have yet been served, and there is a possibility they attempted. Pre-trial been set for 3 weeks from now. For the amount that I been sued,

what options do I have at this moment. Some people will say well if you are not served then just wait it out but I need to hear smart answers. 

 

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

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

3. How much are you being sued for? $1054.00

4. Who is the original creditor? Commenity 

5. How do you know you are being sued? Lawyer emails

6. How were you served? Have not been served. 

7. Was the service legal as required by your state? State of Florida, yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? none

9. What state and county do you live in?  Duval County, Florida

10. When is the last time you paid on this account? Around 2020

11. When did you open the account? 2018

12. What is the SOL on the debt? I believe 5 years in FL 

13. What is the status of your case? Hearing for November 1st, have yet to be served. 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?  Last year

15. Did you request debt validation before the suit was filed? No

16. How long do you have to respond to the suit? a

Did you receive an interrogatory (questionnaire) regarding the lawsuit? no

17. What evidence did they send with the summons? 

I have not looked at the summons as I have yet to be served. 

18.  How did you find out about this site? internet search

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1 hour ago, gatorFlorida said:

I have yet been served, and there is a possibility they attempted. Pre-trial been set for 3 weeks from now.

You need to check the court docket and see if alternate service was used.  If it was then you need to file an answer immediately and before you can do that you have to choose which strategy you are going to use.  Florida is the one state that if you intend to use arbitration you do NOT file an answer you file the motion for arbitration instead.

If you haven't been properly served under FL rules then the hearing would have to be postponed until you are served.

Comenity has an arbitration clause.  You need to decide if you want to file for arbitration in the hopes they drop it all together or defend yourself.  

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6 hours ago, Clydesmom said:

You need to check the court docket and see if alternate service was used.  If it was then you need to file an answer immediately and before you can do that you have to choose which strategy you are going to use.  Florida is the one state that if you intend to use arbitration you do NOT file an answer you file the motion for arbitration instead.

If you haven't been properly served under FL rules then the hearing would have to be postponed until you are served.

Comenity has an arbitration clause.  You need to decide if you want to file for arbitration in the hopes they drop it all together or defend yourself.  

Mom, midland is the one suing me. Can you explain the  albitration clause you are referring to? Alternative service hasn't been issued so far. The county has a website where I can check the status of the case. 

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The clause is in your credit card agreement if you don't have one you can find copy online at https://www.consumerfinance.gov/credit-cards/agreements/

as for arbitration as a defense read this post  

Since you only owe $1,054 this is an excellent defense. If you go to MCM site you can enter your MCM acct number and you can see under document tabs all the statements they have on file plus they will also have bill of sale and affidavit from their records keeper not listed. In my opinion if they have a year of statements you be better off going with arbitration and offer to settle for tor arbitration filing fee of $200 which would cover their $175 filing fee they may just walk away then as they are breaking even.   

 

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Florida cases demonstrate that a party’s right to arbitrate can be waived. In Bared and Co., Inc. v. Specialty Maintenance and Construction, Inc., 610 So.2d 1 (Fla. 2d DCA 1992), the Second DCA held that the defendant waived its right to arbitration when it filed an answer and a cross-claim without raising the arbitration issue. Similarly, in Breckenridge v. Farber, 640 So.2d 208 (Fla. 4th DCA 1994), the Fourth DCA found waiver where the defendant answered without demanding arbitration. Thus, it is clear under Florida law that even minor participation, such as simply answering a complaint, can lead to waiver of your right to arbitrate a dispute. 

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15 hours ago, Bulldoger said:

The clause is in your credit card agreement if you don't have one you can find copy online at https://www.consumerfinance.gov/credit-cards/agreements/

as for arbitration as a defense read this post  

Since you only owe $1,054 this is an excellent defense. If you go to MCM site you can enter your MCM acct number and you can see under document tabs all the statements they have on file plus they will also have bill of sale and affidavit from their records keeper not listed. In my opinion if they have a year of statements you be better off going with arbitration and offer to settle for tor arbitration filing fee of $200 which would cover their $175 filing fee they may just walk away then as they are breaking even.   

 

Mr Bulldozer this is the agreement and the card in question: 

https://c.comenity.net/legaldocs/wayfaircard/legal-documents/cca

So, and if it ever comes to the point where an answer has to be filed, I would have to file an MTC instead? For the lack of knowledge, how is an MTC Filed? When

would it be better to file it? Right now I have yet to be served pre-trial comes in 2 weeks thus I would be unserved. 

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48 minutes ago, gatorFlorida said:

So, and if it ever comes to the point where an answer has to be filed, I would have to file an MTC instead?

If you want to use arbitration as a defense:  YES.  Florida is the one state that requires a MTC instead of an answer if that is the path a Defendant wants to take.

48 minutes ago, gatorFlorida said:

For the lack of knowledge, how is an MTC Filed?

READ the thread he gave you on arbitration.  It explains ALL of that.

48 minutes ago, gatorFlorida said:

When

would it be better to file it?

After you have been served but before the deadline to answer.

48 minutes ago, gatorFlorida said:

Right now I have yet to be served pre-trial comes in 2 weeks thus I would be unserved. 

This has happened in FL before.  When the case is filed the court automatically sets the pre-trial date assuming service will go smoothly.  For the cases where the Defendant remains unserved the hearing has to be rescheduled as it cannot take place without properly serving ALL parties in the suit.  Even if you get served the day before the hearing as scheduled right now they have to change the date because FL law gives a Defendant a fixed amount of time to prepare once they are served and I believe it is 30 days.  

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In addition to above tread on arbitration review your court's current rules and procedures for filing a motion.  

also review Florida Staute  682.01 Short title.This chapter may be cited as the “Revised Florida Arbitration Code.”

and particularly 682.03 Proceedings to compel and to stay arbitration.— available on internet via quick google search. 
 
 
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