I was sued by Midland funding llc. I read this one post here and the guy almost had the same situation as me. He lives in Maryland I think. Basically, we got the same papers from midland. He fought and won; however, I'm here to ask you guys if you can help me. Should i fight in court or just settle? Im very stressed I got another lawsuit while still paying for another account they sued me for.
If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible):
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.) It doesnt have a law firm just names of atty. in Richmond, Va.
3. How much are you being sued for?
1,129.00
4. Who is the original creditor? (if not the Plaintiff) comenity bank
5. How do you know you are being sued? (You were served, right?) Yes I received a summon from a deputy.
6. How were you served? (Mail, In person, Notice on door) in person
7. Was the service legal as required by your state? 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? Went to court the first summon and asked for bill of particulars.
9. What state and county do you live in?
Chesapeake, VA.
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
It says on the summon last time I paid was Feb.16,2017.
11. When did you open the account (looking to establish what card agreement may be applicable)?
Feb. 4,2014.
12. What is the SOL on the debt? To find out:
On the summon it says open endes account. So when I looked on the link you provided it says 6 yrs.
But im confused I had a lawyer for a different account before and he told me 5 yrs.
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 
looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).
Im supposed to go to trial June 9, 2020. Says pending.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I tried to call before when they first sent me the summon but they offered 900 and pay upfront.
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').
I tried to dispute when I got summoned. But they said I would have to pay 900 that day. Thats why I went to court and asked for BILL OF PARTICULARS.
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?
I went to court the first time and ask them for Bill of particulars. So the judge ordered us to come back for a trial June 9 2020. This is what the BILL OF PARTICULAR SAYS:
1. On feb 4 2014 defendant open an account with the plaintiff's PREDECESSOR-IN-INTEREST, namely COMENITY BANK.
2. Defendant used account but failed to me on as agreed.
3. On or about June 28, 2017 plaintiff purchased the right to pursue this claim from its predecessor-in- interests.
4. Defendant has failed to satisfy this debt and therefore indebted to plaintiff in the amount of $1129.
5. Attach here to are documents supporting planets above claim.
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.
THEY HAD NO CONTRACT BUT I KEEP HEARING THAT THEY DONT NEED TO HAVE IT IN VA. BUT IM NOT SURE AND I DONT KNOW WHICH WEBSITE I SHOULD LOOK TO FIND OUT WHAT EVIDENCE THEY NEED TO BRING IN COURT.
1. The first AFFIDAVIT they sent me that was attached to the summon had a DIFFERENT name pertaining as a legal specialist midland credit management. After I asked for the Bill of particulars they gave me an affidavit same exact statement from this (legal specialist) but now its a DIFFERENT name. I just wanted to tell you but I dont know if it matters.
2. Portfolio level affidavit of sale by original creditor.
3. Certificate of conformity.
4. Billl of sale exhibit A: there are some blacked out words. I dont see my name or my account. On the bottom it just says comenity bank and midland fundint llc. When my account was bought.
Exhibit 1 to bill of sale (asset schedule)
It says # of charged accounts, Aggregate unpaid balance, percent were all blacked out.
AFTER I SENT THEM GROUNDS OF DEFENSE. THEY SENT ME A HUGE ENVELOP FILLED WITH A LOT OF STATEMENTS FROM 2015-2017 SOME MONTHS AND TWO STATEMENTS WITH PRODUCT INFO.
ALSO A PAPER THAT SAYS FROM COMENITY BANK : MY ACCOUNT WAS CLOSED AND CHARGED OFF. AND THEY SOLD IT TO MIDLAND FUNDING LLC. AS THE NEW OWNER THEY ARE ENTITLE TO COLLECT THE DEBT.
THANKS GUYS!!! I Know this is a lot of information. But I am very delighted I found this website so I can ask people for their opinions. Because I had nobody to talk to about this. It seems like people are afraid to tell me if they got sued before.
18. How did you find out about this site?
Another website
18. Read these two links:
Using Arbitration To Defend A Debt Collection Lawsuit
Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
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By answering these questions, you will really get more help. If other people have more suggestions for questions, let me know.