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)
5. How do you know you are being sued? (You were served, right?)
6. How were you served? (Mail, In person, Notice on door)
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)
11. When did you open the account (looking to establish what card agreement may be applicable)?
12. What is the SOL on the debt? To find out:
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?)
15. Did you request debt validation before the suit was filed?
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