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Midland Credit Management LLC

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I'm being sued by Midland for 1,334.00. How should I proceed? How should I answer?

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.) ALDRIDGE PITE HAAN, LLP

3. How much are you being sued for? 1,344.00

4. Who is the original creditor? (if not the Plaintiff) Credit One Bank

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

6. How were you served? (Mail, In person, Notice on door) Not served yet

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

8. What was your correspondence (if any) with the people suing you before you think you were being sued? A couple of demand letters.

9. What state and county do you live in? GA, Fulton County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11/03/2018

11. When did you open the account (looking to establish what card agreement may be applicable)? 7/27/2016

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

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit not 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days after being served.

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. not yet

18.  How did you find out about this site? On-line search

 


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