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  1. Hello Everyone! Like so many, I'm being sued by Midland Funding. I would appreciate any help you all can offer. The process is overwhelming and I could definitely use the support. I've completed the questions below and have also included my Answer. One thing to note with my case: It took them 3 1/2 months to serve me so the courts entered a Pending Dismissal pursuant to Rule 4(i). That's why I did not file an answer right away. Does anyone think this makes a difference now? Is dismissal still possible?? Thank you very much for your time!! You all ROCK!! (No pun intended with the Gem Show in town!) 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Jerold Kaplan Law Office 3. How much are you being sued for? $7,564.00 plus fees/costs/interest 4. Who is the original creditor? (if not the Plaintiff) Wells Fargo 5. How do you know you are being sued? (You were served, right?) Yes, served on 12/30/12 6. How were you served? (Mail, In person, Notice on door) In person 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? Pima County, Arizona 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2008 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? a) Complaint filed: 09/18/2012 Notice of Impending Dismissal Pursuant to Rule 4(i): 12/18/2012 c) Served In Person: 12/30/2012 d) Application Default: 01/30/2013 d) Entry Default Judgment: 01/31/2013 All of this information is also on the Pima Justice Courts website. 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? This is the exact wording on the Application and Affidavit of Default that I received in the mail: Unless an answer of response is filed within ten (10) days from the filing of the Application, the Default will become effective and the entry of a Default Judgment will be requested. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. a) Affidavit CC Agreement MY ANSWER Defendant, appearing Pro se, replies to the complaint of the plaintiff, Midland Funding LCC as follows: All answers correspond to the numbered paragraphs of the complaint. All allegations of the complaint are denied unless expressly admitted herein: Answer to paragraph one of complaint: The defendant admits to being a resident of Pima County, State of Arizona. However, the defendant denies the rest of the allegations made in paragraph one because the defendant has insufficient evidence to determine whether the statements being made are true or false. Answer to paragraph two of complaint: The defendant denies all of the allegations made in paragraph two by Midland Funding LCC and/or their attorney(s) Jerold Kaplan Law Office because the defendant has no knowledge of who Midland Funding LLC is and no recollection of the alleged debt. Defendant prays this case be dismissed along with any further relief the court deems just and proper and with costs adjudged to the Plaintiff. I certify under penalty of perjury that the foregoing is true and correct. By the Defendant acting Pro se Dated Signature Defendant CERTIFICATE OF MAILING I CERTIFY that I have mailed a copy of this ANSWER on this same day to Jerold Kaplan Law, (plaintiff’s attorney), on and Pima County Justice Courts. Dated Signature Defendant I've already used the information from other posts; Thanks again!!!