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 are 5 named lawyers. Top one is Mishala J Grave (I spelled the name wrong so it wouldn't come up in searches. I guess I am being paranoid).
3. How much are you being sued for?
Just shy of $2000.
4. Who is the original creditor? (if not the Plaintiff)
Nothing in the documents sent says. I assume it’s for a Chase Credit card going by the amount sued for and referencing my credit report I did last year.
5. How do you know you are being sued? (You were served, right?)
Received forwarded mail (Writ of Execution from my Credit Union) to my new address just recently. Supposedly I was served at my old address in 2013. This can’t be the case because I would have acted on a court summons.
6. How were you served? (Mail, In person, Notice on door)
Supposedly by mail. I never received a summons only a Writ of Execution.
PROOF OF SUB-SERVICE OF SUMMONS AND COMP/PET AS TO XXXXXMEXXXXXX SERVED ON 09/05/13 WITH FEES OF $136.00.
7. Was the service legal as required by your state?
I never received a summons and do not believe they used “reasonable diligence” to deliver me one.
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I received a Memorandum of Costs After Judgement and then a couple of weeks later a letter from my Credit Union notifying me of the Writ of Execution. Other than this I have never heard of Midland Funding.
9. What state and county do you live in?
California Los Angeles County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
11. What is the SOL on the debt?
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).
Judgement for plaintiff Writ of Execution was issued. Money was already taken from my account. Last week which was the first I heard of the fact that I was even being sued.
Last Entry on Case Summary:
08/12/2016 WRIT OF EXECUTION ISSUED TO LOS ANGELES COUNTY ( 1913.13 )
13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
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.
15. How long do you have to respond to the suit?
I don’t know that I can. No date is given on any of the documents sent to me and again I never received a summons.
15a Did you receive an interrogatory (questionnaire) regarding the lawsuit?
16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
I am hoping that somebody can give me an answer as to whether or not I can even pursue a Vacation of Judgement. The court that Midland Funding filed everything through is in San Bernardino and I live 80 miles away in Los Angeles County and have for the last 3 years. The summons that they supposedly sent was sent to that address in Los Angeles County. I work across the street from the LA Superior Court! Is this grounds for improper Jurisdiction? It is my opinion that they tried to slide this case through in order to obtain a default judgement against me without my knowledge or ability to defend myself.
I hope to hear back soon as I am using my day off tomorrow to travel to San Bernardino to file a Vacate Judgement on grounds that I was not served and/or improper Jurisdiction.
Thanks for your time!