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Need help! I am being sued by midland funding and need advice. I have no assets and I am still in school. No real source of income. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm? Midland funding LLC 3. How much are you being sued for? $749.38 4. Who is the original creditor? Citi Bank 5. How do you know you are being sued? My parents were served with papers at home where I no longer live. 6. How were you served? 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? I receved some mail every now and then but I never answered it. 9. What state and county do you live in? Alabama, Limestone county but I live in Florida now with a Alabama drivers license. 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) It does not say on the paper and I’m not sure. 11. When did you open the account (looking to establish what card agreement may be applicable) I am not entirely sure but I think 2015. 12. What is the SOL on the debt? 3 years I think. Is this when I first opened it? 13. What is the status of your case? Suit has been served. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. 15. Did you request debt validation before the suit was filed? No. 16. How long do you have to respond to the suit? 30 days I have 14 days. No questionaire. Charges are as follows: Midland is the successor to the original creditor. I made purchases using the card. I failed to make the proper payments. The card was charged off. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. see attached picture.
Ladies/ Gentlemen, I will need to some info and steps as to: How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ? Here are some background info: -Location: Los Angeles, California -FDCPA & FCRA case -Reason why I file my claim at this court house: ( what I wrote down on small claim court paper) –Where the violation(s) took place AND Jurisdiction of Court; limitation of action *618 [ 15 U.S.C. *1681P] See: www.ftc.gov/os/statues/031224fcra ANDwww.ftc.gov/os/2011/07/11-720 fcrareport.pdf (page 89) " Any action to enforce any liability created under this title may be brought in any appropriate US district court, without regard to amount in controversy, or in any other court of competent jurisdiction, not later than the earlier of (1) 2 years after the date of discovery by plaintiff of the violation that is the basis for such liability; or (2) 5 years after the date on which violation that is the basis for such liability occurs. " Now the details: 1 months ago, I filed the FDCPA and FCRA violations case at the small claim court Vs. JDB, but still with the Superior Court of California, Los Angeles county platform. The court date set 2 months roughly from the filing date, now, 1 month to away from court date. I just received a letter from JDB’s attorney, suggesting that my case has been moved to Federal level & they even provided with a case #. However, when I checked my own case at lasuperiorcourt.org, my case summaries does not stated it has been moved. Still court date is the same, at the same superior court house. How do I check the case summaries at the federal court level ? The JDB’s attorney is asking for a telephone “meet & confer”, pursuant to Local Rule 7-3, can anyone tell me what is Rule 7-3? How do I bring my FDCPA and FCRA case back to Small Claims Court where I originated ? They indicated their intention to file a motion to dismiss the case, (I am sure they will try ! ), I guess, I would need to reply the motion when I see it, right? And how many days ( time dead-line ) that I need to reply? Due to that fact that it is only 1 month away, I take it they are under pressure / deadline, right ? So how play this to ensure I get the most advantage when it comes to counting dates and most benefits for my case? Do I immediately file a motion in ( at which court) to stop their attempt to move my case? Or to move it back at Small Claim Court ? Million thanks