Being sued by Midland. East Tennessee

[Construct33]

 

I need some help with my summons. Not really sure how to answer it. I would like to file motion to compel arbitration. Have read over several post. But don't comprehend it all that great. I have posted docs on imgur

http://imgur.com/a/P3IiOqE

 

link to orginal credit card agreement 

https://www.ollocard.com/Cardmember-Agreement

 

Also seen a post saying to download forms from rule#4  from here

https://www.tncourts.gov/courts/supreme-court/rules/rules-civil-procedure

 

but was unable to find any form to download.

Any help to point me into the right direction would be much appreciated.

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.)
KimberlyP. Gloss# TN 34734, Keith A. Aiken# TN 30734 , Lashundra Lewis # TN 29638
P.O. Box 772719 Memphis, TN 38177-2719

3. How much are you being sued for?
$3,489.21

4. Who is the original creditor? (if not the Plaintiff)
The Bank of Missouri/ Ollo Platinum card

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

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

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?
None.

9. What state and county do you live in?
Tennessee, Sevier County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
July 12th 2019. Still within Tennessee's statue of limitations. 

11. When did you open the account (looking to establish what card agreement may be applicable)?
September 9th, 2018

12. What is the SOL on the debt?
Six years.

13. What is the status of your case? Suit served? Motions filed? 
Served Summons to appear in General session Court December 9th 2021

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 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit?
Court date December 9th 2021

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Affidavit, Loan account Assignment,Exhibit A Loan account SCHEDULE,  Bill of Sale, Portfolio Level, Affidavit of Sale, Certificate of Conformity, Closing Statement, 2x billing statements

[Construct33]

Any help appreciated. Sorry don't understand all this fiction bs! 

[BackFromTheDebt]

Arbitration is a great strategy -- if there is an arbitration clause in the contract, and if there are no restrictions for the court you are in.  

 

You need to look at the cardholders agreement.  See if there is an arbitration clause.

 

You also need to know if you are supposed to send in an answer before your hearing, or if you would bring in your answer and MTC at the time of the hearing.  Call the court to find out that answer.

 

 

[Bulldoger]

35 minutes ago, BackFromTheDebt said:

Arbitration is a great strategy -- if there is an arbitration clause in the contract, and if there are no restrictions for the court you are in.  

 

You need to look at the cardholders agreement.  See if there is an arbitration clause.

 

You also need to know if you are supposed to send in an answer before your hearing, or if you would bring in your answer and MTC at the time of the hearing.  Call the court to find out that answer.

 

 

from your URL provided (note your will need the agreement at time of default when you file the MTC) 

You have 30 days to file an Answer.  Quick browse of TN rules do not allow a general denial. You will need to address each Claim on summons with either 1) You agreed, 2) deny or 3) That you do not have personal knowledge to affirm or deny.  For example it may state that you owe midland credit 3,800 dollars but do you really have knowledge that, you do.  Were you in the room when the debt was sold so unless you have PERSONAL KNOWLEDGE of what they claim you should state the truth 3) that you don't have personal knowledge to affirm or deny.  Then you want to state your affirmative defenses that per contract you are electing contractual arbitration.  File it within 30 days from service.  Then work on your MTC and file that with or just after answer.