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Being Sued By Midland In CA


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1. Who is suing you?

Midland Funding LLC

2. For how much?

$5000

3. Who is the original creditor?

Bank of America

4. How do you know you are being sued?

I was served.

5. How were you served? Were you served?

The summons was handed to me physically. Yes.

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

There was none.

7. Where do you live?

CA

8. When is the last time you paid on this account?

Late 2010.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily).

I’m not sure and I don’t see a court date anywhere.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No not yet but in the process.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now.

No.

12. Does your summons require a response in writing? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. 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?

Yes it requires a response. No questionnaire was included. The charges are breach of contract.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

No.

14. What is the SOL on the debt? To find out:

4 years. I’m within that timeframe.

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Read your court's Rules of Civil Procedure. They will tell you how long you have before your Answer must be filed. They'll also inform you of the format for you answer. Basically just follow the same format the Plaintiff used in the Complaint.

You must file your Answer in the allotted time.

The following link contains posts that will help you Answer the allegations and provide Affirmative Defenses.

http://www.creditinfocenter.com/forums/showthread.php?t=252142

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