Pint

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About Pint

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  • Birthday 01/03/1972

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  1. I don't know but I will go to the courthouse and find out. Obviously I'm excited about seeing the letter but leery of calling this a win just yet since I can't tell if the dismissal has actually been filed.
  2. Case dismissal?!! I received mail today from Midland thinking it was an early response to my ccp 96 request. Instead it was a cover letter stating Request for Dismissal Without Prejudice: "May 10, 2013 Superior Court of California, County of Sacramento Attn: Clerk, Civil Division 720 Ninth St. Rm 611 Sacramento, CA 95814 Re: Midland Funding, LLC v. Pint, et al, Case number 34-2011-xxxxxxx Dear Clerk of the Court: Enclosed please find a substitution of attorney along with a request for dismissal. Thank you! Sincerely Midland Credit Management, Inc. (866) 625-5053 0" Then they provided a copy of Request for Dismissal dated 5/9/13 (form CIV-110) and Substitution of Attorney ( form MC-050) dated 4/25 by Midland rep and 4/30 by their new attorney. No stamp on them from Court Clerk though. Is this real? No tricks? I have my MIL and Declaration ready which is due in the mail by Wednesday. If they are truly requesting dismissal, how can I get a Dismissal WITH Prejudice?
  3. Perfect, helpme! ...the continuance must be asked for via "noticed" motion. ok I see now. The help I'm getting here is incredible.
  4. helpme: Thank you! all your info has already helped me tons! That piece of information about stopping their request for continuance is something I will write as a note for trial and commit to memory. shellieh98: Ok. I will follow your instruction and have them attempt to serve subpoena again and then send the MIL.
  5. I just looked online at the Sheriff's attempt to serve Subpoena. Showed Unsucessful as of 5/8/2013. Should I have them attempt to serve again?
  6. Aticnib, Yes and Thank you sooo much for the information you've provided!! I've been reading your post and it sounds pretty identical, and honestly I've been relying heavily on your MIL and Trial Brief - along with helpme's and Shellieh98's. I can't tell how much this has sped up the process for me. In the Affidavit in Lieu of Testimony, Carina Bowman is listed instead of Kayla Haag. (same difference it appears since they both signed Notary in Minnesota). I was not able to file the sworn denial. The clerk believed it to be an 'Answer' (even though I already filed answer and the docs I have her stated Defendant's Sworn Denial on Account) and since she had never seen one before she wouldn't accept it. Confused me and I didn't want to argue with the clerk. Maybe I named it wrong? I've sent subpoena by way of Sheriff to the Gateway Dr. address in Sacramento to this Carina Bowman.
  7. I wish you well! Since not too much information was given, I'm curious, did you file a response denying the claims made in the summons?
  8. Excellent Shellieh98! I'm going to use that portion in your limine about account stated. In my summons they don't have the breach of contract checked off although there is a space for them to do so. I'm going to cover my bases regarding the account stated. I've been reading nonstop and I have begun to piece together my MIL. ASTMedic's MIL helps a great deal since even the closet location for the Witness (Carina Bowman) to accept service is the same one as his. You mentioned I should have a Motion To Strike ready once the Subpeona's POS comes back undeliverable. Does anyone have an example of a Motion to Strike (for California)? I don't know where to get started with that....
  9. Anon Amos: Thank you for your encouragement...I will look for the response and definitely raise the objection against the CCP 96 if they attempt to bring it forth. I feel like I'm no longer on an island all by my lil self. Thank you both!
  10. shellieh98: Thank you so much for your direction and the Motion in Limine!! I will be taking work off tomorrow and have a pot of coffee on the ready in order to work into the wee hours and further on this. Here are the answers to your questions Who signed the affidavit? was it a person within 150 miles? Where was it signed? Midlands legal Specialist who is listed a 5 address where she will accept service - signed the affidavit. One of the address shows within 150 miles BUT, She signed the affidavit in Minnesota. I don't expect her to show up. Did they ever send you a request for production of documents, or a set of admissions and rogs? Did you send them any requests besides a BOP? The did not send a request. Only time they asked me to provide documents was when they sent the CCP 96 asking for any witnesses or documents I may use at trial. Likewise, I didn't send them a request for documents except for the BOP and my own CCP96. Did they send you any statements from the account? I think possibly. In the BOP and Affidavit, near the top of what looks like a screenprint there is a section that says statement date. Also there is a section titled "Balance Summary" and lower section titled "Account Activity". They also should have sent you the cardmember agreement, as they are saying extension of credit. They sent a GE Money Bank Credit Card Agreement. Is the statement and credit card agreement they sent something I should be concerned about? (all considering) Thank you again Shellieh98
  11. 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.) Brachfield Law Group 3. How much are you being sued for? Principal: $3,014, with their fees added: $4,459.90 4. Who is the original creditor? (if not the Plaintiff) GE Money Bank 5. How do you know you are being sued? (You were served, right?) Yes, Summons served 6. How were you served? (Mail, In person, Notice on door) In person, where I live 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? No prior contact 9. What state and county do you live in? California, Sacramento 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) July 1, 2009 is shown 11. What is the SOL on the debt? To find out: SOL is 4 years 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). 2/26/2013 Notice of Hearing Set Date: 5/24/2013 11/15/2012 Case Management Statement 6/13/2011 Order on Court Fee Waiver (FW-003) 6/10/2011 Answer - (B&P 6322.1) 6/3/2011 Proof of Service of 30-day Summons & Complaint - Personal 5/11/2011 Summons 5/11/2011 Declaration – Other 5/11/2011 Civil Case Cover Sheet 5/11/2011 Complaint - (B&P 6322.1©) 5/11/2011 Declaration - Other It's pretty ugly. Some of the documents haven't even been filed with the court yet even though I sent them and the POS in time (?) Here's what I've sent. Please excuse any redundancy to what's shown above: 1. My Answer 6/10/11 2.BOP (sent same time as my Answer) 6/10/11 3. Answer to their CCP96 4/22/13 4. Sent My own CCP96 (not filed with the court) 4/22/13 5. Subpoena Witness for the Affidavit in Lieu of Testimony (waiting for POS) 5/6/2013 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Only in Answer to Summons 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. No 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? Midland claiming Contract - Rule 3.740 Collections, Collections (e.g., money owed, open book accounts) also CCP 395 ( obligation for goods, services, loans, or extension of credit I responded with answer to summons 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing with the summons. Nothing in Trial Brief. In the BOP response and Affidavit in Lieu of Testimony they provided Bill of Sale between Midland Funding and GE Money Bank, Screen Printouts with parts of the account, Phone and SSN blacked out.
  12. *UPDATE - UPDATE - UPDATE* Looks like Midland is requesting to dismiss the case! See Post #20... Ok, my trial is set for May 24, 2013 (Civil Trial Assignment). Seventeen days away. I've pretty much done things half-heartedly up til now - and now I'm a mess. Yes, my own fault in not attacking this thing head on. Today I tried to file a Graduated Sworn Denial on Account and the clerk said that "Never seen one of these before, this looks like an Answer...we can't file this" she had me confused when I left the courthouse empty handed and back home feeling downtrodden. Since I don't feel like I know enough and time is short (still working on My MIL and Trial Brief with help from ASTMedic and Aticnib's great posts) I'm beginning to wonder if it's realistically too late to win with any possibility and maybe I should bluff my way to a greatly reduced settlement. Question #12 in my Q&A below explains what I've done/sent so far. Where do I go from here? What should I do. I'm lost. Any responses or help is so greatly appreciated! (scared in Sac)... Pint