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Midland Funding Summons Ca


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So a summons was left in front of my door and I've been searching like crazy to find out how to fill out an answer. I'm located in sf bay area, ca if that helps at all. I know I have to submit an answer within 30 days using either pldc010 or pld050 (only if it is not verified) along with POS-030. Here is the link to my summons for reference

h t t p :

From what I've read pld-050 is easier since it just a general denial, but it looks like most people are using Pldc-010. I'm so confused in what to deny in each box. Do I reference to the Complaint #1-11 and/or Cause of Action CC-1-CC-4. Anyone have any general denial statement that I should use or any help will really be appreciated. It just that everything seem so overwhelming.

1. Who is the named plaintiff in the suit?

A: Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

A: Erica Brachfeld, The Brachfeld Law Group

3. How much are you being sued for?

A: $34xx

4. Who is the original creditor? (if not the Plaintiff)

A: Chase card member services

5. How do you know you are being sued? (You were served, right?)

A: Summon was left in front of door, then received a copy in the mail

6. How were you served? (Mail, In person, Notice on door)

A: Summon was left in front of door, then received a copy in the mail

7. Was the service legal as required by your state?

A: unsure

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

A: none

9. What state and county do you live in?

A: California, San Mateo county

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

A: March 2011

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

A: 3yrs

THANK YOU just for looking

Edited by legalnotice
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So a summons was left in front of my door and I've been searching like crazy to find out how to fill out an answer. I'm located in sf bay area, ca if that helps at all. I know I have to submit an answer within 30 days using either pldc010 or pld050 (only if it is not verified) along with POS-030. Here is the link to my summons for reference h t t p : / / dl.dropbox . c o m /u/34637697/scan.pdf . From what I've read pld-050 is easier since it just a general denial, but it looks like most people are using Pldc-010. I'm so confused in what to deny in each box. Do I reference to the Complaint #1-11 and/or Cause of Action CC-1-CC-4. Anyone have any general denial statement that I should use or any help will really be appreciated. It just that everything seem so overwhelming.

THANK YOU just for looking

Hello Legalnotice: look at post #9, #11, #13 of this http://www.creditinfocenter.com/forums/there-lawyer-house/310446-being-sued-midland-funding-llc-california-please-help-me.html and it explains about the forms to use and how to answer.

After you have filled out the forms, make 3 copies of the Proof of Service (POS-030) and your answer form. 1 set gets filed with the courts, 1 set for you to keep and 1 copy to send to Plaintiff. The Proof of Service is filled out by someone other than you and send it out cmrrr. (certified mail return receipt)

Once you have done that, send a BOP (Bill of Particulars) to Plaintiff on pleading paper not regular letter paper. We newbies made that initial mistake (I included).

Midland is beatable. I just had my case dismissed and I was only into it 4mos. VLDCA also beat Midland, she went all the way to Court. There are a bunch here from California that can help. Read posts fr Calawyer, Seadragon, Tigger, Scientific, DaFish, 1111girl (they're all from Cali)etc..

Best wishes on your journey and hope this is enough to get you started.

Helpme

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Are you sure this service is legal? It seems to me that you need to be served in person in Ca.

Yes, admin might be correct. Someone here on this forum from Calif was served that way and someone recommended what they should do. I'll try to find it, it was within the last 3 mos.

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The service does not appear to be legal - in California, service can only be done 1 of 3 ways:

1. Personal service;

2. Substituted service - leaving summons at last known address and mailing the same copy there;

3. Service by Publication - publishing the summons in a newspaper in the area of last known residence - but only can be done w/ permission of the court.

Refer to CCP 415.10.

///

If you weren't served per CCP 415.10, then you should file a motion to vacate service. If granted, will undo the improper service and force Midland to re-serve you properly.

Also, you could probably sue the process server for fraud, and/or file a complaint with the local district attorney - since technically he/she committed fraud on the court and perjury.

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I did receive a copy of the summons in the mail couple days ago. If I use pld050 form. Do I just put:

1. Defendant denies every allegations made by the Plaintiff in the Complaint.

2. As and for the First Defense, Defendant claims Lack of Privity as Defendant never entered into any contract or Debtor/Creditor agreement with Plaintiff.

3. As and for the Second Defense, Defendant reserves the right to amen and/or add additional Answers, Defenses and/or Counterclaims at a later time.

and any other affirmative defense I can find?

Can someone help me verify that the last couple page doesnt contain a verification page.

Thanks again

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Privity won't work, that will get thrown out. No contract between you and the JDB is necessary, they have been assigned the rights of the OC. Only problem they have is that they have to prove it, which ain't easy. Not cheap, either. Send them a BOP. Most of them aren't smart enough to know whether this is proper or not.

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I did receive a copy of the summons in the mail couple days ago. If I use pld050 form.

If you're unsure, Just put:

1. Defendant denies every allegations made by the Plaintiff in the Complaint.

2. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later time.

Because as Coltfan1972 and legaleagle stated: Lack of Standing is a given and they have to prove they have standing to sue. You have this. I got them during BOP and my discoveries.

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Here what I put in box 2 in pld-050 form:

Defendant denies every allegations made by the Plaintiff in the Complaint.

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later time.

The complaint fails to state facts sufficient to constitute a cause of action against this defendant.

Plaintiff is not a proper party to this action and is therefore barred from pursuing same.

Plaintiff has failed to mitigate its damages, if any it had.

Lack of standing to sue.

Do I need to number them?, should I remove any?, any that I should add?

Thanks

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Should I remove any?

These-

"Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later time."

The rules of procedure, the court and precedent will dictate if you can amend and/or add additional answers.

"The complaint fails to state facts sufficient to constitute a cause of action against this defendant."

So what you're saying is if the judge reads their lawsuit and assumes every allegation in their complaint is true and correct, they still can't meet their burden of proof against you? Highly, highly unlikely and I've not even seen their complaint.

"Plaintiff is not a proper party to this action and is therefore barred from pursuing same."

I'm guessing you're trying to challenge standing with this one? but you list lack of standing again.

"Plaintiff has failed to mitigate its damages, if any it had."

Explain? It's an affirmative defense, that is the first interrogatory they are going to hit you with? How are you going to answer? Drop that defense like a hot potato.

"Lack of standing to sue."

Your only legit one you named. In other words the same advice you've been given. I go a step further and don't argue it as an affirmative defense, but concede if one has to have an affirmative defense, this is by far the one you use.

I discuss all the defenses here-

http://www.creditinfocenter.com/forums/there-lawyer-house/311576-detailed-discussion-affirmative-defenses-including-standing.html

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These-

"Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later time."

The rules of procedure, the court and precedent will dictate if you can amend and/or add additional answers.

"The complaint fails to state facts sufficient to constitute a cause of action against this defendant."

So what you're saying is if the judge reads their lawsuit and assumes every allegation in their complaint is true and correct, they still can't meet their burden of proof against you? Highly, highly unlikely and I've not even seen their complaint.

"Plaintiff is not a proper party to this action and is therefore barred from pursuing same."

I'm guessing you're trying to challenge standing with this one? but you list lack of standing again.

"Plaintiff has failed to mitigate its damages, if any it had."

Explain? It's an affirmative defense, that is the first interrogatory they are going to hit you with? How are you going to answer? Drop that defense like a hot potato.

"Lack of standing to sue."

Your only legit one you named. In other words the same advice you've been given. I go a step further and don't argue it as an affirmative defense, but concede if one has to have an affirmative defense, this is by far the one you use.

I discuss all the defenses here-

Thank you very much, i really appreciate the time you took to explain each one. It so overwhelming going through all of this.

Beside, Lack of standing to sue, any other one i should consider?

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Thank you very much, i really appreciate the time you took to explain each one. It so overwhelming going through all of this.

Beside, Lack of standing to sue, any other one i should consider?

No, and me personally, I would not even use lack of standing as an affirmative defense.

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  • 1 month later...

I just got my summons via my PO Box. The store employee told me someone asked him if I had a PO Box there and when he said yes, he was handed the summons....Is that even legal? If not, do I pursue the legality of that or just reply to the complaint?

Any insights would be appreciated, I have two weeks to respond. Its 30 days from the file date, correct?

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but you may be able to demurrer instead if the complaint doesn't identify the account or is vague.

you have thirty days to either demurrer or answer or both.

send them a BOP tomorrow.

Motion to quash will be denied if you got the complaint, so roll with it.

Mention the improper service in your demurrer and your answer.

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I received two summons, each greater than $10K but less than $25K individually. PLD-50 says I cannot use that form if greater than $1K or if claim is assigned to a third party collector. Isn't Midway a third party collector? Or can I use this form as they have not yet proven that the debt was assigned to them? DO I NEED TO FILE TWO RESPONSES OR CAN I USE JUST ONE FORM TO ADDRESS BOTH? CAN OR CANT I USE PLD-50?

The summons says " defendant became indebted to [x} Other: the account now owned by plaintiff plaintiff's predecessor in interest is Chase Bank"...[x] within the last year...and [x] four years...[x] for money lent by plaintiff to defendant at defendants request." WHAT IS THE SOL FOR CHASE, FOR DELAWARE OR CALIFORNIA?? HOW CAN IT BE WITHIN THE LAST YEAR AND FOUR YEARS??

Cause of action is Common Counts...I have no clue what this is.

BOP - I still dont understand this. I need to write this letter on pleading paper and serve Hunt & Henriques before or after I file my response?

Sorry I'm trying to read all the posts and absorb this all AS QUICKLY AS I CAN...please help!

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