Pheonix49283

Midland Funding LLC represented by The Brachfeld Law Group

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I'm starting a new thread with more information. I am being sued by Midland Funding LLC represented by The Brachfeld Law Group for the sum of about $4100. I will be filling out the CA form PLD-C-010. I was looking at a Affirmative Defense. Has anyone had to deal with The Brachfeld Law Group? What would be the best way to go about anything. I now have 29 days to submit my Answer. Thanks for all the help.

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1. Who is the named plaintiff in the suit?

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

3. How much are you being sued for?

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

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

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

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

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?

9. What state and county do you live in?

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

11. What is the SOL on the debt?

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

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

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.

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.

16.We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, unjust enrichment.

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?

19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Edited by racecar

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1. 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.) The Brachfeld Law Group, P.C.

3. How much are you being sued for? About $4000

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

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

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? None

9. What state and county do you live in? Oceanside, CA

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) About Aug, Sept 2009

11. What is the SOL on the debt? 4 yrs

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

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

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

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. 28 days left

16.We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, unjust enrichment. Contract, Common Counts

17.Is the complaint "verified".? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury. I have a declaration of Jurisdictional Facts but that is it.

18.Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit? No

19. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None

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I am still working on the answer and I am stuck on what i should put for Defendand claims the following statments ar false and defendant has no information or belief that the following statements are true so the defendant denies them. Can anyone help me?

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This is one I have used in the past:

Plaintiff take nothing by way of the suit;

All costs;

Any fees incurred;

Any other relief the court deem just and appropriate

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Thank you for your help. I went and read the general denial paperwork and the paperwork that was served to me. I now see where I was wrong and will be submiting the answer on Monday.

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So this is what I plan to put in the Answer. I copied and pasted a lot of it and changed the info to meet my needs but does this sound about right?

I deny that I entered into a contract with the plaintiff or their assignor(s) and dispute the validity of the remaining due and unpaid balance which they set forth.

I do not admit or deny the original creditor as Beneficial and will not do so until proof of this debt being incurred by me itemized and in total has been established with documentation and the plaintiff or their attorney has been proven with documentation as the legal assignee of this debt.

I deny that the current principal balance due and owing is $XXX.XXat the rate of 10 percent per year from: January 5, 2010 and that I have failed and/or refused to pay said balance. I also deny that the balance is due and owed to the plaintiff without proof and documentation that they are the legal owner of this debt.

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That was the plan. Right now i'm looking for a way to waive the fee because I am currently an active duty Marine. Was told by the legal team that i could but I can't find the paperwork.

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It's a fee waiver form - it might be on the Judicial Council's website. If not, ask for a copy at the courthouse.

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That was the plan. Right now i'm looking for a way to waive the fee because I am currently an active duty Marine. Was told by the legal team that i could but I can't find the paperwork.

You can make this go away by filing in your answer that you are currently on active duty and thus the action is improper. and then cite the Soldiers and Sailors relief act.

Easy Peasy.

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Kinda sorta but not really Sea... if anything, Midland will be forced to lower the interest rate to 6%.

If they are asking for interest over 6%, then the OP needs to file a complaint with the Armed Forces Legal Assistance Program, and if they cannot assist, the the OP needs to file a complaint with the US Dept of Justice.

(The OP needs to contact the Armed Forces Legal Assistance Program just because)

My guess is that once the OP mentions this - maybe in a meet and confer letter that he/she is going to be contacting the Armed Forces Legal Assistance Program, I will bet the case is dropped. However, I still believe that the OP needs to file an answer to avoid a default judgment.

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