Arizona Midlanf funding

[Princess2]

Hi I'm new on this site. So please bear with me.

The name of the plaintiff is Midland Funding LLC.

The kaw firm is Bursey and Assoc.

I'm being sued for $1500.00 + interest + atty and court fees.

The orig, creditor is HSBC

I did not know I was beingsued till I was served

I was served in person at my home 9pm at night

it was legal

There was no correspondence. Did not know I was being sued

i live in Arizona, Pima county

the last time I paid on this account was Jan 2007

The SOL in Arizona was 3years, as of July bor Aug 2011 the SOL was changed to 6 years. ( 2007-2010 would have been the SOL)

the staus of my case is--- w/o hearing default judgement

I didputed the credit bureaus after i was served late 2011.

I did not request credit validation because I did not know I was being sued

I had 20 days to respond to the suit-- which I field an answer and ask for a copy of the application with HSBC.

There was no evidence when I was served with the sunnons.

Plaintiffs atty claims in there Notice of service of disclosue statement that filed my answer with the court 1 month latter than when I actully files my answer with the court. Also an old address that I have not lived at for 11years was on the original summons and on the notice of service of disclosure ststement. however they were mailed to the address i'm living at now.

I called plaintiffs atty and agin asked then to disclose the orig application for the alleged acct with HSBC. followed up with a letter.

Never rec'd anything.

In September I rec'd in the mail a notice from the atty that he was going to file for a summary judgement request for case to be taken off inactive to an active status. Also rec'd supplemental exhibits-bill of sale( my name or acct # is not on It), Affidavit from a person having knowlege of the records, 5 statements, and a terms of agreement that is not all there , very poorly copied. no bank name no year etc...

I looked at the court records today on line and there is

w/o hearing default judgement.

( The following is listed in the order it is in the record)

Also the Judge about 2 weeks earlier had it listed as case has been administrativly dismissed the the same day Order of dismissal.

Notice of service of plaintiffs inital disclosure statement filed.

file to judge on plaintiffs motion to to remove case from inactive calender

File to judge on plkaintiffs motion for summary judgement

It is hearby ordered the above action is restored active status until sometime in December.

Also all these notices came thru the regular 1st class mail.

So what do I now? I've called some atty's ( not that I can afford one), no return calls.

iI did not file anything with the courts other than my original answer because I did not know who the the account was with other than HSBC but I had no knowlwge of having an alleged acct with them.

I did not receive anything from the court telling me when the summary judgement was going to be. The only thing I received was the notices in september with no dates and no judges signature.

What do I need to file ? HELP!

Thank you for any help you can suggest for me

[Beergoggles]

I found it hard to follow what was going on in your case answer these questions (copy and paste here) http://www.creditinfocenter.com/forums/there-lawyer-house/242744-qs-answer-when-posting-forum-please-read.html

Read this http://www.creditinfocenter.com/forums/there-lawyer-house/313112-all-inclusive-ive-been-sued-contacted-midland-whats-next-help-me.html

and this http://www.creditinfocenter.com/forums/there-lawyer-house/312714-standing-when-dealing-jdb.html

A MOTION TO VACATE JUDGMENT can be filed by either party to vacate a default judgment or a judgment following

a hearing or trial. If the time to appeal the judgment has expired, the Motion to Vacate Judgment must be served on the

other party in the same manner as if serving a summons and complaint and proof of service must be filed with the court.

If the time to appeal the judgment has not expired the Motion to Vacate Judgment may be served by first class mail.

An appeal cannot be taken from a default judgment. If you want your case reviewed by the Superior Court you must first

file a Motion to Vacate Judgment. Any appeal will then be based on the court ruling on the Motion.

[Flyerfan]

So was summary judgment granted or did they just file? You say the action is active so is there a court date scheduled?

[Princess2]

So was summary judgment granted or did they just file? You say the action is active so is there a court date scheduled?

The summary judgement was granted. I have no court date. I was not notified that there was a petition for summary judgement last month. And I have not been served or rec'd anything by mail.

[1stStep]

If they filed, you need to get an opposition put together... was any discovery served on you? If not, then you need to tell the judge that no disclosure was put performed and summary judgment is premature.

[BV80]

Read all of the threads started by Beergoggles. He's from your state and defeated Midland.

[Beergoggles]

I posted links!

[BrunoTheJDBkiller]

If you were not provided with a copy of the MSJ when it was filed, do a motion to reargue / reconsider and use this as your reason. These are usually granted, it's a common trick JDBs use, they file with the court but not with you, then get the motion granted absent objection. Make a sworn affidavit that you did not receive your copy as required and attach it to the motion.

[Beergoggles]

Yes do this for sure! then come back here and we will help you with the MSJ

If you were not provided with a copy of the MSJ when it was filed, do a motion to reargue / reconsider and use this as your reason. These are usually granted, it's a common trick JDBs use, they file with the court but not with you, then get the motion granted absent objection. Make a sworn affidavit that you did not receive your copy as required and attach it to the motion.

[Princess2]

Thank You BrunoTheJDBKiller and Beergoggles.

Sorry I have not been on till now. Its been work work work.

I will do this.

Thank You

Princess2

[Princess2]

Hi I'm reposting my info so it can be ubderstood better.

. Who is the named plaintiff in the suit? MIdland Funding LLC

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

3. How much are you being sued for? 2000.00

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

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

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

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

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued? no correspondence

9. What state and county do you live in? Arizona, Pima County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Sept.2007

11. What is the SOL on the debt? To find out: at the time 3years. In July/Aug 2011 Arizona changed the SOL to 6 years.

Statute of Limitations on Debts

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). W/O Hearing Default

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

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- did not know i was being sued.

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? i filed my answer within the 20 days

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. no evidence was attached .

17. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

[Princess2]

In November 2011 I was served with a civil summons, complaint(contract) Fast Track ans a Notice to Litigants: requiremets to appeal a dicision of the justice of the peace.

November 2011-- filled my answer within the 20days with the court and plaintiffs atty.

December 2011-- sent disclosure statement to plaintiffs atty. ( Arizona says you have 40 days from when you filled your answer)

Jan. 2012-- rec'd disclosure statement from plaintiffs atty. ( THis was mailed the middle of Jan I rec'd end of Jan 2012 ( this was signed in december 2011).

this (exhibits) Affidavit from a person claiming that they hsve knowlege of the alleged acct records and how they are maintained, Bill of sale-- no amount or the account number or name of the alleged account, pre-legal statement from midland for the alleged acct that was sent to me. and a greement to term s to the allege acct. yjere is no year name of company anywher on this also it is a very poor copy and it is incomplete( pages missing).

[Princess2]

this disclosure statement was signed by the atty in december 2011 and rec'd in late Jan 2012.

Arizona states " If a motion to set and certificate of rediness is not filed within 9 months after the commencement of the case, the case shall be placed on the inactive calendar. A case remaining on the inactive calender for 2 months shall be dismissed without prejudice for lack of prosecution. pursuant to rule 38.1 AZRCP.

September and nothing so I figured it is disnissed,

October comes and I get a letter in the mail.

I go online to the court records.

This is what I found in the order that it is listed in the records.

[Princess2]

Nov. 2011 Defendant answer

Jan 2012 Notice of service of disclosure statement filed by plaintiff atty.

july 2012 case put on inactive calendar

sept. 2012 case has been administratively dismissed

Order of Dismissal ( these were both on the same day)

Sept 2012notice of service of plaintiffs initial disclosure statement filed.

Sept 2012 file to judge on plaintiffs motion to remove case from inactive calender on oct. xx 2012.

Sept 2012. file to judge on plaintiffs motion for summary judgement on Oct. XX 2012.

[Princess2]

October 2012 Herby ordered the above action is restored to active calkender til Dec. 2012.

can anyone tell me what this all means? it was dismisssed then its not.

I'm sorry I'm not legal savvy.

What do I do next?

Any info will be appreciated.

Thank you everone

[Princess2]

Sorry I have another question.

If the palaintiffs atty started the compalint in October. the judge signed the civil summons in November. and I was served in November, when does the clock start ticking for the plaintiff to send me the disclosure statement?

Is it 40 days from when the complaint was signed or is it from when the judge signed the civil summons or I filled my answer?

I'm just a little confussed as to when the time starts.

I know i dropped the ball. I wish I had found this forum sooner.

Thank you foe all your help.

Princess2

[1stStep]

It's 40 days from the answer.

[Princess2]

THank you 1stStep.

[Princess2]

I have an appointment today with a attorney. Lets see what has to say, will keep you posted.

[Beergoggles]

An attorney will cost you the same amount your being sued for. Just an observation.

[Princess2]

Hi everyone.

I wanted to give an update.

I went to see an atty today. Thank God I did not have to pay.

It was a waist og my time. He pbasicly told what is done is done and to settle.

I have to say I left pissed off.

When I came home Icalled another atty. (we have been paying telephone tag)

He had me read all the papers and exhibits to him.

he looked up on his computer what he could in the court records.

He said the judge has not signed the summary judgement yet. and I better get my fannie down to the courthouse and get copies of everything in the file.

he told me that it can go 2 ways. file a Response to the for summary judgement. and to file a motion to set aside judgement. Now thats if the judge has not signed the motion for summary judgement.

If the judge signed the motion for summary judgement I need to file a Response to motion for summary judgement and a motion to Vacate summary judgement.

He went on to tell what I need to put in the motions. Deny, Deny, Deny every exhibit they have.

If you live in southern Arizona private msg me and I will give you his name.

I will post my Motions as soon as I have my draft done, I would appreciate if it could be looked over.

Thank you for all your help!

[Beergoggles]

http://www.creditinfocenter.com/forums/there-lawyer-house/311778-midland-arizona.html

http://www.creditinfocenter.com/forums/there-lawyer-house/312400-i-need-help-answering-motion-summary-judgement-az.html

[Princess2]

Thank you Beergoggles.

I was stuck on a few items. After reading your information has helped me.

THank you!

[Beergoggles]

any time

[Princess2]

HI Everyone.

THought I would give you an update.

I went down to the court on Friday. Found out the Judge signed on the judgement.

I filed with the court

Motion to vacate motion fot summry judgement

and my Opposition to plaintiffs motion to summary judgement.

The clerk told me I will hear by mail from the court in 7-14 days.

Edited November 11, 2012 by Princess2