Search the Community

Please help! I am being sued by Midland Funding via Jerold Kaplan law offices. I have attached the 16 questions. At this time I am unsure of how to proceed. Any advice would be greatly appreciated. Thank you 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.) Jerold Kaplan Law Office, P.C. 3. How much are you being sued for? $1,000 + pocket change 4. Who is the original creditor? (if not the Plaintiff) Webbank / Dell 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I was contacted by Jerold Kaplan law offices around early 2003 at work, so I called them back. I did not confirm or deny, I only requested them to contact me on my cell instead of my work number and to send me validation of the debt. The only thing they sent was a generic looking print out of the merchandise I supposedly ordered. 9. What state and county do you live in? Maricopa County AZ 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) On the document given to me when I was served it says 2009, however, my credit report shows the following regarding the same account under Midland Funding as of September 2012 ..... 11. What is the SOL on the debt? 6 Years in Arizona 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).I was served two weeks ago. Based on previous information on this forum, I am waiting until around 18 days to file my response. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, I contacted all credit bureaus and have disputed the debt with minimal response that I am aware of. I contacted Jerold Kaplan law office about 4 days after being served and requested any documents they have to be mailed to me. They put me on hold for quite a while and said "it is tough to get documents and we can only get copies of what we have once. We will contact the creditor to attempt to obtain them again. However, since they were already mailed we are unsure if we can send them out or have access to them anymore. Call back in a few days if you haven't received them by mail. " So far, I haven't received anything in the mail. 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.I requested one over the phone and it was a printout of a computer from Dell. I don't recall it having anything on it showing the debt is valid or belonging to me. 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? 20 days. They are claiming the balance of 1,000 + change with interest at 4.25% plus attorney fees not less than 275.53 . 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They only included the Dell Account Credit Agreement printed off of their website. It is not signed or in any way related to myself. It appears to just be a generic credit agreement. However, it does allow for arbitration. They did not provide any other documents.