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Hi, 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? - $26,650.00 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? - Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? - None 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?) - 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? (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? -No 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?
Midland Credit Management continues to do account reviews on at least my TU CR. The purpose of their review is listed as a collection. However, I do not have any collections on my CR. Approximately 5 months ago, a collection from Midland was deleted off of my TU CR. The collection was not validated or verified. I am not sure how the SOL (tolling) would work with this collection because I moved from TX to CA. I also was able to catch Midland in violation of several FCRA's and reported them to the CA Attorney General and FTC. Since then, Midland has sent 2 letters with payment options for an unrelated collection. This collection is not mine, does not appear on my CR’s, and according to Midland is out of the SOL. 6 days after I received the 2nd letter from Midland, they reviewed my account again. Is this legal? How can I stop Midland from reviewing my CR? Is Midlands review of my CR damaging my score? Regardless, a collection listed under account review doesn't look good. I would hate for the deleted collection to reappear on my CR's. I thought the bill had been paid, OC somewhat agreed but could not view a list of the charges...only the balance. Once I found out about the discrepancy, the OC had already sold the account and related documentation to the CA. Needless to say, it was a huge mess! Thanks for any advice or input.
This morning I received a phone call from Midland Credit Management regarding a debt from T Mobile. I also noticed a collection from MCM on my CR a few months ago. I have no knowledge of the debt but wanted to wait until the SOL is up this summer before disputing or taking any action. I have a few other negatives that I've been working on first. I have been reading this forum and realize that MCM is sue happy but also a violator. My question is how do I handle this? Since they just contacted me via phone, for the first time, are they required to respond if I DV them? I did not admit the debt was mine and instructed the collector to stop calling and to send any further correspondence through the mail. They are calling my business, cell phone. I have not received a debt validation letter from this company. The collector said she would send one but I don’t think they have my correct address. I refused to supply them with any information. I live in CA but used to live in TX. I will continue to read through this forum to see if I can come up with the best solution. However, I wanted to ask for advice while I continue to research.