I'm just getting started on this Summons & Complaint and wanted to make my first post.
Here is my case:
1. Who is the named plaintiff in the suit?
- Midland Credit Management, Inc.
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
- Jack H Pogosian, Christina Arnold
3. How much are you being sued for?
4. Who is the original creditor? (if not the Plaintiff)
- Citibank and Capital One
5. How do you know you are being sued? (You were served, right?)
- Summon served at PO Box
6. How were you served? (Mail, In person, Notice on door)
- In Mail
7. Was the service legal as required by your state?
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
9. What state and county do you live in?
- California, Orange County
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
- According to their claim, in 5/2018 & 7/2018
11. What is the SOL on the debt?
- 4 years in California
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)
- Complaint filed: 06/08/20; Summons & Complaint served: 06/19/20
- General denial (PLD-C 010 form) Answer to be filed with Affirmative Defenses: 07/13/20
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? (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.
- 1 week
16. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment.
- Contract, Rule 3.740 collections (09)
17. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.
- No. The complaint is not verified.
18. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?
19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
1. Bill of Sale and Assignment signed by Citibank employee.
2. Asset Schedule showing batch of accounts being sold through with numbers blacked out.
3. Affidavit of Sale of account by Original Creditor signed by Citibank employee, Terri Bergman, notarized in Missouri.
4. Certificate of Conformity for Terri Bergman.
5. Computer printout from Citibank with my name on it, account number, SSN, address, Account open, Charge off date and balance.
6. 2 statements from Midland for Citibank account.
7. 2 Statements from Citibank dated 5/18 & 11/18.
8. Bill of Sale for Capital One, signed by Capital One employee, forward flow receivable sale agreement.
9. Affidavit of Sale of account by creditor signed by Capital One employee, notarized in Virginia.
10. Certificate of Conformity.
11. Computer printout from Citibank with my name on it, account number, SSN, address, Account open, Charge off date and balance.
12. 2 statements from Midland for Capital One account.
13. 2 Statements from Capital One dated 7/18 & 8/19.
The type of complaint's other people have received like Breach of Contract or Stated Account, my complaint is under Contract, Rule 3.740 Collections (09).
Will the protocol to fight this be the same for me even though the Complaint is not Breach of Contract or Stated Account?