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I am being sued by Midland Funding Group in Orange County, CA. I need to file a response within 30 days. I've read posts that has been very helpful, but I'm a little confused as to how to go about filing a response. The complaint was unverified and I want to go about using the General Denial form. If I use this, do I still have to go through the complaint paragraph by paragraph admitting or denying each allegation? Or is the General Denial form good enough? Once I file, how do I send this off? or if I can't send it off, who do I have send this off for me? Can it be my wife (having the same address)? Am I just sending it to the courts and they send it to the plantiff? How exactly does this work? 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.) Winn Law Group, A Professional Corporation 3. How much are you being sued for? $2,471.48 4. Who is the original creditor? Citibank, N.A., an issuer of Sears Premier Card 5. How do you know you are being sued? Received summons and complaint 6. How were you served? (Mail, in person, Notice on door) Handed to my wife 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? Received letters, but did not respond 9. What state and county do you live in? California, Orange County 10. When is the last time you paid on this account? October 8, 2014 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served? Motions filed? Suit served 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? NO 15. How long do you have to respond to the suit? 30 days, but since it was given to my wife instead of me 40 days 16. What evidence did they send with the summons? EXHIBIT A - Account Statement for the month of November 2014 Any kind of response would greatly be appreciated as I have never been through this process before...I just want this to go away.
Hello, I am first time poster here and I am not even sure where to start. I have looked through some threads for advice, but honestly I feel like my head is spinning and I am about to lose it. Any advice would be so appreciated. I have seen some others post in this style. If I need to post the papers that I received, I will happily do so. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) ?? Is it Midland Funding LLC? 3. How much are you being sued for? 2678.89 4. Who is the original creditor? (if not the Plaintiff) WEBBANK (Fingerhut) 5. How do you know you are being sued? (You were served, right?) Received papers taped to my front door, and on one of the papers it says, "You have been sued". 6. How were you served? (Mail, In person, Notice on door) Papers were taped to my front door 7. Was the service legal as required by your state? Not sure. The top page is "Order For Subsitute Service" 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I believe phone calls, but I am not 100% sure as I do not answer to out of state calls, and honestly, I am in over my head with debt. 9. What state and county do you live in? Texas, Travis 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 the paper, May 11, 2013. 11. What is the SOL on the debt? 4 years Statute of Limitations on Debts 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). Being sued I believe. 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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No questionaire, I believe. The paperwork says the below "Defendant, in the herinafter styled and numbered cause: You have been sued. You may employ an attorney to help you in defending against this lawsuit. But you are not required to employ an attorney. You or your attorney must file an answer with the court. Your answer is due by the end of the 14th day after the day you were served with the papers. If the 14th day is a Saturday, Sunday, or legal holiday, your answer is due by the end of the first day following the 14th day that is not a Saturday, Sunday or legal holiday. Do not ignore these papers. If you do not fie a answer by the due date, a default judgement may be taken against you. For further information, consult Part V of the Texas Rules of CIvil Procedure, which is available online and also at the court listed on this citation. Your written answer shall be filed at ____ (wasn't sure if should put the address of the court) Your cause number J1****** was filed in Justice Court, Precint One, on November 04, 2015, styled MIDLAND FUNDING LLC, Plaintiff/s vs. Me, Defendats Issues on the 4th day of November, 2015." However, I am receiving the papers just today. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. The only things attached are "Order for Substitute Service", "Justice Civil Citation" (written above), "Officer's Return"?, "Plaintiff's Original Petition", "rules of attire and conduct" Please let me know if you would like me to post what has been sent to me. I will type it up now. Also, I am in Texas, if I fail to respond, is it true the courts can garnish my wages, because if that's true, I may as well pack it up and join the people of the streets. --- Updating with example of answer: This is a lawsuit arising out of an alleged consumer credit card debt. Plaintiff, is not a financial institution, original creditor, lender, or issuer of any credit card. Instead, Plaintiff alleges "WEBBANK (FINGERHUT) has been assigned to Plaintiff, and Plaintiff is the current holder of Defendant's accounts" See Plaintiff's Original Petition under "Facts" paragraph 6.