CaliBabe85

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About CaliBabe85

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  1. A lot of responses include "if their complaint has not been verified"...how do I KNOW if it has already been verified?????
  2. Hello again, In the event that I do consider making another settlement offer, what documentation should I request from them before making a payment to them? (Especially if amount settled is less than the amount I was being sued for?).
  3. In regards to the correct county for my courthouse: I will only be living in San Francisco for another few weeks as I finish up my last semester of school. The "servers" had been trying to locate me for a while...the court documents served to me were dated late February. I happened to be visiting @ my parents home (which is the address I currently carry with the DMV & for all my correspondence) on the Saturday morning on which I was served - what are the odds, right? > So upsetting. So I believe that La County would apply? I was only living in SF for the last 16 months of school but will be living in LA as of about two weeks from now.
  4. Hello Everyone, thank you all for being so helpful and for your prompt responses. I'm sorry that it took me this long to finally get my "questions" in here. Here we go! 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.) There is no law firm listed, only the names of 5 individual attorneys, ONE of whom signed my summons. 3. How much are you being sued for? $1,500.00 4. Who is the original creditor? (if not the Plaintiff) HSBC Bank. 5. How do you know you are being sued? (You were served, right?) I was served. Also, I looked up my case number on my designated courthouse website, and it is confirmed- I am being sued. 6. How were you served? (Mail, In person, Notice on door) I was served in person. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Unfortunately - YES. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I didn't keep any of the mail from HSBC Bank or Midland's settlement offers; I have none to reference. 9. What state and county do you live in? Currently live in a county in northern California, but the courthouse to which I must attend is a Los Angeles County courthouse. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) The last payment I can recall was made in May of 2011, I made the payment in-person and in store with a debit card. 11. What is the SOL on the debt? To find out: Statute of Limitations on Debts The SOL for this debt is 4 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). The status of my case is: Case Type: COLLECTIONS CASE (Limited Jurisdiction) Status: PENDING 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. 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? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I have 30 days. The deadline is coming upin about 2 weeks. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. I don't believe there to be any evidence attached. All that looks like I have is the summons & "Civil Case Cover Sheet". *****The only other fact I'd like to add is that the summons is filed in my maiden name. I now carry a different last name, I am legally married although I am separated at the moment. Does this work in my favor at all? My sole charge is: Complaint for: (1) Account Stated. Following the complaint is the First Cause of Action: - Plantiff realleges and incorporates by reference the foregoing paragraphs. - Within the last 4 years, Defendant became indebted on the Account to Plaintiff in the sum of _______________ on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. - Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due. - As of the date of this complaint, there is due and owing the unpaid sum of ____________________ less credits or adjustments of $0.00. For the purposes of this suit, Plaintiff is not requesting any interest on the amount sought, and requests that interest be waived, including pre- and post-judgement interest. Please let me know if there is any additional information I can provide that would make my scenario clearer. Like I said, my deadline is coming up in 2 weeks, I know I must respond. I have been reading that I must send it CMRRR or POS, but do I drop the court copy off at the court? OR CMRRR/POS it by mail there too? Can my "Response" be as simple as sending a General Denial, and might any one have a link of one already created so that I can add in my info? Can't tell you all how grateful I am to have found this forum and the amazing people on it. You guys are truly an inspiration!
  5. Hello! I am a 27 year old female student living in San Francisco, CA and I was served with a summons from Midland's attorney 1 week ago. This is my first time being sued and I need desperate counsel as I have absolutely no idea how to proceed!! I am being sued for $1,500.00 for a credit card I opened in 2010. The original amount of the credit line was $1,000.00. My last payment was made in-store in April of 2011. I stopped paying my credit card because I left the country for 4 months, dropped everything to take care of a terminally ill relative. Upon arrival home, I sank into a deep depression which then led me to be negligent to any/all bills at the time, including my $1,000.00 credit line. I have not been successfully contacted by phone by collectors since 2012. I don't recall any of the conversations at that time, or if at the time Midland was handling my debt. My problem now is that, since receiving the summons, I have called Midland from my new phone number and attempted to negotiate a payoff amount after reading a forum on another website. My initial and logical sense at the time told me to avoid court at all costs. I honestly DID NOT THINK THAT MY CHANCES OF FIGHTING THIS CASE AND WINNING WAS A REALITY, WHICH IS WHY INSTEAD I TRIED TO NEGOTIATE A LUMP SUM AMOUNT. The lowest they were willing to negotiate for was $1,350.00. They also offered me a monthly payment plan with $675 needed down. I do not have the money to pay this, I am a struggling student in my Senior year & I only make $950 a month. I AM IN EXTREME FEAR OF THE COURT GRANTING THE CREDITOR TO GARNISHING MY WAGES! I WILL NOT BE ABLE TO SURVIVE! PLEASE HELP! I am aware that my conversations are being recorded, there has been a total of 3 conversations since last week, all in which I attempt to negotiate a payment amount and have replied with "YES" when asked, "This amount is for your ********** Credit Card, right?". In all my conversations I have seemed very intimidated by the summons/being sued, and I recognize that. Midland knows I am trying to evade going to court and I believe they are using that in their favor! My questions are as follows: 1) Have I already assumed responsibility to the debt since I called myself to negotiate a payoff amount? This was my initially reaction as I was SCARED OUT OF MY MIND AND THE FIRST LOGICAL SOLUTION I COULD THINK OF! 2) Will changing the story now by asking them to prove it be effective? Or will I waste my time off work at the court house for no reason? 3) If I am proven guilty and must pay the debt, will I still be able to make payments on the total amount? Or will they demand it in full? 4) Would anyone recommend that I continue to negotiate now INSTEAD OF CONTINUING WITH THE SUIT? 5) Is threatening with Bankruptcy recommended in the case that I proceed with negotiating? I only have a few more weeks to respond to the court house and I am extremely SCARED/TERRIFIED! I am so lost and this is ALL SO COMPLETELY NEW TO ME! Any insight/assistance will be greatly appreciated! BTW THEY ARE TOTAL ASSHOLES & DONT EVEN SPEAK ENGLISH CORRECTLY! Please help anyone! Signed, Struggling SF Student