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Midland: I dont *think* I got final demand...What do I say in court?


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I am trying to hyper-educate myself since I received a summons this afternoon and this question is in regards to not having egg on my face in court:

  • Summons received from Midland Funding LLC for >1k. I honestly cannot recall getting any correspondence from them beyond this summons. Is it likely that they will produce documentation specific to me that says otherwise in court?

  • Would this question come up in court if I elude to it somewhere in validation or in court if a discovery was requested and available to the judge (which I'm still trying to understand)???

Thanks all

- Me in California

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I am trying to hyper-educate myself since I received a summons this afternoon and this question is in regards to not having egg on my face in court:

  • Summons received from Midland Funding LLC for >1k. I honestly cannot recall getting any correspondence from them beyond this summons. Is it likely that they will produce documentation specific to me that says otherwise in court?

  • Would this question come up in court if I elude to it somewhere in validation or in court if a discovery was requested and available to the judge (which I'm still trying to understand)???

Thanks all

- Me in California

Cali appears to have a little different rules than my state, so hopefully some of the more knowledgable from Cali will chime in.

>1K is pretty small for the JDB to pursue, although it is not small to you and I. My proposal would be to bury them in paper work and see if they don't go away.

First, don't grasp at straws to hope in defeating them.

Second, set in you mind and then answer the court that you have no recollection or record of the alleged debt, therefore you deny the alleged debt is yours. (the burden of proof is upon the Plaintiff, don't give them anything to defeat you) Deny, Deny, Deny, if you admit the debt, you lose.

Third, search through ADSOFT's threads. He appears to have a good handle on Cali statues.

*

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