GinnyCoonrod

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About GinnyCoonrod

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  1. Prior to the Case Management Conference I had sent a letter to Midland Funding to let them know that they had not complied with my demand for production of Documents in that there is nothing they submitted that proves they have standing. The letter was to meet and confer dated July 16, 2014. I stated that "As you must know, the responses received are incomplete in material ways and further responses are required. This is an attempt to meet and confer to avoid the necessity of Motions to Compel. For ease of reference, I set forth below defendant's request and Plaintiff's response, and the reason further response must be provided. Defendant's Request for Production of Document's No. Two All documents relating to or constituting any assignments to Plaintiff of the account referred to in the complaint. Plaintiff's response to Request No. Two " Responding Party objects to this demand on the grounds and to the extent that this request seeks information that is privileged, proprietary and trade secret in nature, protected by the Attorney client privilege and the Attorney work- product doctrine. Plaintiff further objects on the grounds and to the extent that this request seeks material that is irrelevant, immaterial and not reasonably calculated to lead to discovery of Admissable evidence. Not withstanding said objections but subject to them Plaintiff responds as follows. Attached hereto as Exhibits 1 and 2 are non-privileged documents responsive to this request. Reason Why Further Response Should Be Provided Exhibit 1 - is a copy of one Orchard Bank Credit Card Statement dated 11/2011 Exhibit 2 - Is an assignment and Bill of Sale from HSBC Bank to Bureau's Investment Group III dated 1/11/2012. This document in no way shows any assignment of the account in question to the to the Plaintiff Midland Funding. Nowhere in this document is there any reference to any account numbers. The document's requested, if they exist, constitute agreements between plaintiff and the original creditor. There is no good faith basis for Plaintiff to contend that responsive documents are protected by the attorney client privilege, the work product doctrine, or constitute trade secrets. If Plaintiff does not have a valid assignment of the account at issue in the complaint, it does not have standing to pursue its claims. Please produce all document's responsive to this request. If Plaintiff does not do so within 10 Days, Defendant will file a Motion To Compel and seeks sanctions for having to bring unnecessary motion. If you need to speak to me further about the matter feel free to contact me at the phone number listed at the top of this letter. Mailed 7/16/2014- They signed 7/19/14. I sent the above letter Certified Mail/ Return Receipt and I received the card with a signature. I have not received any other papers from them. Any help is truly appreciated.
  2. I would really appreciate any help I can get. Yes I would like to see the arguments you used and the paperwork you filed and yes send me doc's if you don't mind! I went to the Case Management Conference and of course Midland had a Rent-a-lawyer there and believe it or not the Judge did not bother to show up. His bailiff scheduled all of the trials. They scheduled me for February 4 or 5 I think.
  3. 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.) Stelios A. Harris, Karen E. Lusis, Mishaela J Graves, Timothy Brown, Sarah A Robinson-McElroy 3. How much are you being sued for? 2013.01 4. Who is the original creditor? (if not the Plaintiff) HSBC Bank. 5. How do you know you are being sued? I received a letter from LegalWing telling me I was being sued and they wanted to help me. Then I got another letter a few weeks later from a different legal group Country-wide Debt Relief. I did a search on the Superior Court website and I found the lawsuit. April 17, 2014. I downloaded it which cost 30.00. ouch I read it and waited but I was never served. On May 1, 2014 I checked the Court records and saw that I was served by substitute service on April the 8th at 7:50 PM. Summons was served on a gray-haired woman 60+ years old who was approx 5’7” 150 lbs. And refused to give her name Then he allegedly placed a copy of the paperwork in the mail with First Class Postage . I never received anything. Other attempts he claims that he made were 7:32 AM on 3/27, 2:58 PM on 3/30, 6:19 PM on 4/02, 10:16 AM on 4/05, then the 4/8 attempt at 7:50 PM. What they don’t know is I manage the Mobilehome Community where I live and my office is looking right out at my house. There is no way anyone attempted to serve me papers especially that many times and I did not see them or one of my neighbor's did not see him. Oh they would have called me so fast. Not to mention you can't loiter or hang out in a car in our community. You would stick out . One of my residents would have reported it to me if I had missed it. (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) Sorry got ahead of the question He said he left a marker on my door in the papers he filed in the court.. We never saw anything on our door. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint No 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I believe I received one statement from them but I do not know what happened to it. I don’t have anything from Midland except a letter dated 4/16/2014 which I received after I printed out the Proof of Service of Summons on May 1st (it was filed in the court record on 4/21/14) I have not talked to anyone. 9. What state and county do you live in? Orange County, California- Court will be in Santa Ana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 6/2011 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).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? I already did (This should be in your paperwork). We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Yes Account Stated- Just the Special Interrogatorries-I have responded to everything so far but I don’t like what is going on now.. I mean I believe with all my heart these people knew I was never served especially with the dates that they filed the service paperwork. When I answered the Complaint I did not have much time. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They did not attach anything. Not a single thing. Complaint for: (1) Account Stated. Following the complaint is the First Cause of Action: - Plaintiff 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 $2013.01 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 $2013.01 Cost of suit and whatever the court deems just and proper less credits or adjustments of $0.00.. The status of my case is: Case Filed – I answered the summons May 8th with information I got from this website. I basically denied everything They sent me Interrogatories, Admissions and Production of Doc’s.. I answered all of those with answers I found here. And sent them to them cmrrr Next I sent them- Defendant’s first request for Production of documents. I sent those July 16, cmrrr Midland sent me 1 Statement from Orchard Bank dated 12/12/2011 and a Assignment and Bill of Sale from HSBC to Bureau’s Investment Group III dated 1/20/2012 There is no reference to my name or the alleged account in question it states " this is a sale of Prime Fresh Charged off Receivables described in Paragraph one thereof upon the terms and conditions set forth herein." Then a little further on it says "for good and valuable consideration blah blah blah (pretty much word for word what I have read here) Purchase Price shall be as stated in Paragraph 3 of Agreement Attached . No Attachments at all. The Next document is an Assignment and Bill of Sale from Bureau’s Investment Group Portfolio No 15 LLC to Midland Funding that is dated on May 7 2013. This document has a lot of redaction then talks about Purchased accounts File, The Chain of Title File, and Seller’s Accounts information Then on the last page it Says This Bill of Sale is Executed without recourse or warranties except as stated and provided for in the agreement. Again "No Agreement" A field data sheet with my name and info It says Data Printed by Midland Funding from electronic records provided by Bureau's Investment Group Portfolio No.15 LLC pursuant to the Bill of Sale/Assignment of Accounts transferred on or about 5/8/2013 in connection with the sale of accounts from Bureau's Investment Group Portfolio No. 15 LLC to Midland Funding. Affidavit of Bulk Sale of Accounts all of this took place in Delaware by the way. There is also Bureau’s Investment Group Certificate of Sole Member a Michael Slotky Some more junk then some statements they say they sent me which I have never seen. They included in passing that they would send a verification of all the junk in a few days. We have a Case Management Conference scheduled for August 5th. I sent out a meet and confer cmrrr because I have issues with the fact that they have not shown me anything that says I owe them any money. They do not have any paper with my name and/or the alleged account number on it except 1 Orchard Bank statement from 12/2011. I don't think that piece of paper means squat . It does not show or prove that Midland owns that account. They sent me a case management statement and it says that we completed Discovery however (they stated in the answers to me that discovery was ongoing they were still reviewing) I sent Midland Funding my case management statement yesterday and I am filing it with the court today. Then today I got this verification as to responses Leslie Armento an employee of Midland Funding LLC. She is the servicer of the account in question.