They are willing to testify if need to but pin pointing who it would be is going to be difficult as there were 6 of them and all have criminal records. Not sure who we would file the charges on. I guess I'll just hope the judge / jury rules in my favor and sees that it was fraud. Pressing charges would not be an issue if we actually knew which one it was that did this. They all had access to the computer in the home if that is where the fraud originated.
There are several ways to beat this.
The surest way is arbitration. All Synchrony cards have an arbitration agreement. Midland rarely follows into arbitration. They would lose far more money than they could gain.
In California someone of limited means can often file in arbitration for free.
Check the arbitration thread, and also search for threads on arbitration in California.
I forget whether it is Midland or PRA that has a policy of forgiveness of debt for some people who have financial problems, especially medically related. If your financial issues are medically related, please look into this.
Happy New Year to all!!!!
Still waiting on the Respondent to pay. JAMS has contacted several times - the attorney they have on record is no longer with the debt company... JAMS has sent them a notice and several emails. I believe they are getting them because they keep emailing me to settle the debt - so I think they dont want to pay the $1500! So I guess for now I am on a standstill... waiting to see if JAMS closes the case and then I can file the motion to dismiss with prejudice. Any other way to expedite this?
You fill in the entire form. In the admit box, you admit to the stuff that you are not fighting, usually your name and address. In the deny box, you deny any thing you did not admit. In the affirmative defenses box, you put in "Accord and Satisfaction." Since you are sending proof (documents) with your answer, you will have exhibits. Each document is a different exhibit so you should have 2 at this time (the agreement and the bank check receipt). Therefore you attach copies of each.
You create 3 copies and take them all to the courthouse to have them stamped. One copy is kept by the courthouse, one is sent to H&H, certified mail return receipt delivery green card, and one is kept by you. You then fill out another form which is an affidavit of service for the answer that you also file with the court.
My head is spinning with trying to understand law.
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.)
Jack H Pogosian. It just has a list of lawyers and address. No law firm listed.
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
5. How do you know you are being sued? (You were served, right?)
Served the 26th of December
6. How were you served? (Mail, In person, Notice on door)
7. Was the service legal as required by your state?
Process Service Requirements by State - Summons Complaint
I think so. Other than he came across as intimidating to my roommate because he snuck up behind him and wasn't wearing a mask and didn't maintain 6ft. I'm not sure if I can make a case of this?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I've never heard of them and have never seen any mail from them. I've unfortunately been Couch surfing since 2017. They found me at my new place I finally settled in at. I just started renting with a friend. What a nice house warming gift.
9. What state and county do you live in?
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
July 23, 2017
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt? To find out:
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).
Served by Plaintiff. I responded with answers denying everything. I added affirmative defenses for Statue of Limitations, improper service, and failure to mitigate damages. I'm currently requesting documents for discovery purposes, but I don't want to ask for too many specific things because I fear they can dig up more if I ask for too much? Should I send demand for Bill of Particulars? Case management meeting is set for July 8, 2021.
14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
I comtqdt trans union to dispute it two weeks after service.
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. I wasn't aware Midland Funding at of it all. I have proof of address changes from couch surfing and getting mail delivered to other places.
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 am filling out case management paper work and working on discovery. I didn't recieve a questionnaire.
The plaintiff claims the own my debt and bought it from synchrony. They claim they attempted to contact me and I refused to respond. The amount they claim I owed at time of default of August 17th, 2017 is 2140.00. They are asking for 2102.70 and lawyer fees if they win.
I had all my mail forwarded to a new address as of March 18, 2018. The address they have listed on the claim is the address I had all mail forwarded from to a new address. My drivers license was still to my ex wife's house and she could've given me the mail from there and always did. I also have lived where I currently live for a year. I had all mail forwarded here starting in January of 2020 and I updated my address with the dmv. Statute of limitation would run out this year.
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
They sent a bill of sale from Synchrony stating they sold Midland Funding “a pool of debts” on April 22, 2018, affidavits for that sale and credit card statements near the time of charge off. And they provided a document that says Field Data at the top. The last four of my account number is there, last known address, last payment, the amount I owe, etc.
18. How did you find out about this site?
I appreciate any advice. I have some random questions too. When mailing discovery do I have to follow proof of service protocol: have someone else mail documents and fill out the POS040 and file it with the court? Should I ask for bill of particulars? What other discovery methods should I consider? Should I pursue settlement? Do process servers have to follow rules during a pandemic?