Cali_SB

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About Cali_SB

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  1. After looking over the complaint, it looks like it is not verified. Final question before I file, does the general denial act as an answer to the complaint or do I have to have a separate answer?
  2. Any help on the general denial PLD-050 form I asked above? (2 posts up)
  3. Question about the general denial PLD-050 form: "You MAY use this form for a general denial if: 1. The complaint is not verified; or 2. the complaint is verified and the case is limited civil case (the amount in controversy is $25,000 or less), BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection. (See Code of Civil Procedure sections 85-86, 90-100, 431.30, and 431.40) So can I use this form? Am I implying first if, that the complaint is not verified? Again SORRY, new to this. If I do I fill out the form, what do I put in for section 2 of the form "(DEFENDANT states the following FACTS as separate affirmative defense to plaintiff's complaint (attach additional pages if necessary):"?
  4. A few questions: Do I try to use arbitration? What doe s general denial mean? Also, does this denial answer the complaint or is the answer separate? If not, what should the answer say? -If I file a general denial, does that mean I cannot use arbitration?
  5. I received a summons, not sure who the person was, by Midland Funding LLC in the county of San Bernardino in California for an unpaid balance of about $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper. I received the summons on 12/11/18 at nighttime at my home. I have been trying to figure out my answer, but have been struggling. Did some research and found the questions below with my responses. 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 / Jonathan Kom Kristy Gabrielova / Nichol Alan De Guzman Hyo Jin Julia Jung / Meline Grigoryan Midland Funding LLC 10601-G Tierrasanta Blvd., #4540 San Diego, CA 92124 3. How much are you being sued for? About $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper. 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Served. 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? I think this is asking if I was served legally according to my state. I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I haven't really had any correspondence with them, except for them sending me letters. 9. What state and county do you live in? California, San Bernardino 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) April 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? April 2016 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? I will try to find out, but I am assuming 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 Days, so 1/10/2019. I only have 3 days. HELP! 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A: Bill of Sale for the Account, Affidavit of Sale (pool of charge-off Accounts), Certificate of Conformity, Electronic data report (my name, account, address,contract date, last payment date, charge off date, balance) Exhibit B: What I assume to be their bill to me titled: Account Transfer Details from MCM (Midland Credit Management) Exhibit C : Notice of Legal Placement from MCM Exhibit E: Last Statement from original account from Synchrony Bank Exhibit D: Statement showing last payment from Synchrony Bank