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  1. So, it's been a rough few years. Last month, just as things were starting to pick up, I was served by Midland - talk about bursting my bubble. So, I'm getting ready to address this and have spent a great deal of time on this site researching this kind of suit. Time to ask for some advice, my details are as follows: 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.) Midland. 3. How much are you being sued for? ~ 5K 4. Who is the original creditor? (if not the Plaintiff) CHASE 5. How do you know you are being sued? (You were served, right?) Served with summons 6. How were you served? (Mail, In person, Notice on door) In person, summons left with family member. 7. Was the service legal as required by your state? Yes – far as I know 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I may have spoken to them on the phone. 9. What state and county do you live in? San Diego, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I was not outside SOL. 11. What is the SOL on the debt? To find out: 4 years in CA, or 3 years if Chase invokes Delaware law. 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). Summons was delivered, that's it. 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? 30 days. I’m ready to respond, probably tomorrow. The complaint is for ACCOUNT STATED – this is the only complaint in the papers. I did not receive an interrogatory. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing.
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