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 pro
  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 hav
  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
  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 produ
  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
  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 li