1. Who is the named plaintiff in the suit? Midland Funding LLC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Eaton Group Attorneys Baton Rouge
3. How much are you being sued for? 4700
4. Who is the original creditor? (if not the Plaintiff) Citibank N.A. CC from Sears
5. How do you know you are being sued? (You were served, right?) Was served.
6. How were you served? (Mail, In person, Notice on door) Deputy at home
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 that I recall
9. What state and county do you live in? Louisiana, Pointe Coupee Parish
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2014?
11. What is the SOL on the debt? To find out: 3 years
12. 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). They have filed a summons and complaint both of which were served on me and I've since responded
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No
14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I did not.
15. 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. 15 days, already responded
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I have 2 affidavits from people that Ive never heard of. One has account number but no name, address, etc and the other other has nothing showing I hold the account. I also have a bill of sale with no name, account number, etc. They sent three card statements one for 06/2014, 11/2013, and 12/2013.
Im pretty far along in the case so forgive me if I forget anything. I have since responded to the complaint, request for production, request for genuineness of documents, and account interrogatories. I had my 10.1 conference on Friday and today I have received authorization interrogatories with a identity theft victim complaint and affidavit. Im not sure how to go about this from here but here are my interrogatories. Thanks in advance.
1. Do you feel someone has signed our name or used your credit without your permission?
2. What is the date and description of any document bearing your signature(s) which you did not sign or authorize another to sign for you?
3. What is the name and address of any person signing your names without authority and/or any person incurring financial obligation on your behalf for which you are not responsible?
4. What is the date, item number, and agency of police report filed on any unauthorized signature and/or purchase relative to the financial obligation addressed in this suit.
5. Have items relating to your personal financial identity ever be lost or stolen, which you believe were used to create financial obligations on your behalf for which you are not responsible? If so, please identify items, state the specific date these items were lost or stolen, the specific date the items were returned, and the present location of the item(s).