Pheonix49283

Midland Funding LLC represented by The Brachfeld Law Group

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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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you want the FW-001,FW-003, and FW-005 fill those out. All I know is the act protects you from default judgement the Soldiers and Sailors relief act. That would kill the case from the beggining. If the grant the motion the case is dead for now. if not then they give you 10 days to answer.

The Soldiers and Sailors Civil Relief Act (SSCRA)

So check it out. Once you file anything and make an appearance then the Act doesn't cover the serviemember anymore,

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My understanding of the act is the same as 1ststep. They will just lower the interest. I want to get rid of it for good. I just want to avoid paying through the nose in filing fees to do this.

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So the lawyer from the firm sueing me just called asking if I want to work out a settlement. I told them that I would call back. I have no intention on it but if they call back should I just tell them that I filed the answer?

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Call them back, let them know that you're on active duty and you have an appointment with the Armed Forces Legal Assistance Program...

If the interest rate is over 6.00%, then it's a violation of SCRA. Let them know that Armed Forces Legal Assistance Program and/or the US Dept. of Justice will be contacting that firm regarding the violation.

My guess is that they will withdraw the complaint and re-evaluate.

If not, we've got some other tricks up our sleeves.

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Call them back, let them know that you're on active duty and you have an appointment with the Armed Forces Legal Assistance Program...

If the interest rate is over 6.00%, then it's a violation of SCRA. Let them know that Armed Forces Legal Assistance Program and/or the US Dept. of Justice will be contacting that firm regarding the violation.

My guess is that they will withdraw the complaint and re-evaluate.

If not, we've got some other tricks up our sleeves.

Do this. Reason being that once midland gets wind you're not going at this alone they will most likely beat feet quick. They are looking for a quick win and this won't be one. Either legal will help or we will. One way or another Midland will regret it.

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Please help.  The lawyers called and said they received the copy of the fee waiver (denied) but not a copy of the answer.  They said it was my responsibility to deliver that to them.  This does not sound right.  Should I fax them a copy?  Or should I just move on the next step.  Also what is the next step?

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Send them a copy of the GD - make sure that it has the court stamp.

 

Have you contacted the Legal Assistance Program?

 

 

You should also prep a bill of particulars to send, unless they are only suing on an account stated cause of action.

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Please help.  The lawyers called and said they received the copy of the fee waiver (denied) but not a copy of the answer.  They said it was my responsibility to deliver that to them.  This does not sound right.  Should I fax them a copy?  Or should I just move on the next step.  Also what is the next step?

 

Anything you file with the court the plaintiff gets a copy of (I'm about 99% sure). However discovery docs between you and the plaintiff don't get filed with the court.

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Are you kidding me.  Fee waiver denied and now I have to pay 225 to the court house.  Now I understand why the county/State doesn't stand up to the JDB.  Doing some quick looking there is about 640 cases just from midland alone in North county san diego.  Thats $144000 Just in fees for answers.  I can't belive i have to pay to defend myself. 

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Yep. I had to pay about the same and I couldn't even collect after I won. The judge said we we responsible for our own costs. That's why I make them pay through others who win on here.

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Below is what I plan on sending for the BOP.  Does it sound about right?  How many should I send?  Should it be two then ask the court to dismiss if they don't reply?

 

 

TO PLAINTIFF, Midland Funding LLC AND THEIR ATTORNEY OF RECORD:

 

            DEMAND IS HEREBY MADE UPON YOU pursuant to Code of Civil Procedure § 454

 

to furnish to defendant Steven Johnson,   within ten days hereafter, a bill of particulars

 

setting forth the items and  details of the account on  which the cause of action for goods sold

 

and delivered of plaintiff's complaint is based, including  the date of each item or transaction; a 

 

description of the services,  materials or goods  supplied or  other considerations rendered; and

 

the price or charge made for each such item or transaction. 

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Send 1 - then give them 15 days to answer. Then send a meet and confer - wait 5 or 10 more - then file a motion to preclude

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I just received a Demand for production of documents, a request for admission and an interrogatories to defendant.  How do I form the answers?  What format do i put them in?  Can it all be in one sheet or does it have to be three different like they sent to me?

 

Demands for Production of Documents

  1.  Any and all documents that refer or relate to credit cards issued to you by beneficial
  2. Any and all documents that refer or relate to transactions initiated by you on a credit card assigned by beneficial with account number (they do have an account number) from Sept 28 2005 to May 31 2010.
  3. Any and all documents that refer or relate to transactions initated by you on a credit card assigned by beneficial bearing account number.
  4. Any and all documents that refer or relate to payments made by you to beneficial that were to be applied to the outstanding balance.
  5. Any and all documents that refer or relate to correspondence sent by you to beneficial from Sept 2005 to May 31 2010.
  6. Any and all documents that refer or relate to correspondence received by you from beneficial that referenced cred card number.
  7. Any and all documents that refer or relate to telephone calls made by you to midland credit management, inc.
  8. Any and all documents that refer or relate to telephone calls received by you from midland credit management, Inc.
  9. Any and all documents that refer or relate to correspondence received by you from midland credit management, inc.

Request for admission

  1. Admit that you applied for the account
  2. Admit that you used the account
  3. Admit that you received monthly billing statements from beneficial or it’s predecessor in intrest that related to the transactions made.
  4. Admit that you made payments on the account.
  5. Admit that you owed 4000+ on the account at the time the complaint in this action was filed.
  6. Admit that you have not repaid money
  7. Admit that the last payment on the account was jan 5 2010.
  8. Admit that you received the notice of new ownership and pre-legal review from plaintiff.
  9. Admit that you did not dispute the ownership of the account by plaintiff.
  10. Admit the notice of new ownership and pre legal review attached hereto as exhibit a is a true and correct copy of the letter you received from plaintiff.
  11. Admit that you did not dispute the accuracy of the notice.
  12. Admit that you owe plaintiff midland funding money.  (love this last one.)

Interrogatories to defendant

  1.  State each name by which you have been known in the last six years (easy)
  2. State each residence address you have had within the six years prior to the date of your response, including the dates you lived at each address.  (why?)
  3. State the name, address, and telephone number of each employer you have had for the past five years including the dates you worked for each.  (can I say president of the united states?)
  4. Did you ever report to beneficial that there was an inaccuracy in any billing statement you received from beneficial.
  5. Did you ever report in writing to beneficial that the account was opend as a result of fraudulent activity.

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Well my guess is you don't have any docs to give them so that will be easy.

Look over my responses since the question are about the same.

Chive On

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Here is a sample from my post I did not want to give them anything and CALAWYER recommended I answer this way . Worked well good luck .

 

 

SPECIAL INTERROGATORY NO.2

State each residence address you have had within the six years prior to the date of your responses, including the dates you lived at each address.

Defendant objects on the ground that this interrogatory is overbroad and burdensome. Defendant also objects on the ground that the information sought is irrelevant to any issue in this litigation and intrudes upon the privacy rights of the defendant. Without waiving these objections, defendant responds that she currently resides at the following address:

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Thank you everyone for the help.  As I have been waiting for the return of my BOP from the JDB lawyer I have been reading and re-reading post and all of my information.  I noticed somthing today that is odd.  On the last page of the summons it states that "A Case Management Conference will be set within 150 days of the complaint if an answer has been filed."  My case is now 360 days old.  Can this help me or hurt me?  Is this something I can use?

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You are still waiting for a BOP 8 months later?  Did you send a meet and confer to provide it to you after they didn't answer it?  Did you file a motion to preclude/compel? And have you asked for any discovery of your own?  

I don't think I could stand it having the case drag on this long.  When is your discovery period over? Is there a trial date set yet?

 

I think the case management conference that was missed was/is to set a time table for your case.

If there isn't one, and has not been one, and you want to get this case moving, do the above things, then request one so you will have the time table to get it over with.  I think they filed on you to toll the SOL, and waited all this time to serve you with discovery requests so that it wouldn't be dismissed for lack of prosecution.  They are in no way prepared to fight, and are just swimming along until they are darn good and ready.  You want to make them go away, start doing something. :)

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I was not clear.  There was a change in lawyers and i put off the BOP (stupid I know) well as you can see from above i recieved docs from new lawyer.  When i sent my replys I also sent a BOP.  They have 9 days to send the docs.  I do not have a trial date set.  Part of the reason I put it off is because my wife almost died on me in January giving birth to my third child.  I am now looking to get this done.  Could I make the argument once the trial comes that this case is 360+ days old if they had a case they would have pushed it faster?  As far as the case draging on this long, I don't stress over it because I've had to deal with worse people than these.

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no, I think California has 1 year before you can dismiss for lack of prosecution.  Not sure on that, but I believe so, and they have started discovery now.  don't wait for your BOP before you start your own discovery.  BOP is for breach of contract, and open book, if you are being sued on common counts, and account stated, you want to start your own discovery now.

 

Look around for some document requests, and send them off.  I would focus on documents also that link you to "beneficial" since you say you do not know who they are  Did they send you any statements, or evidence at all?

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I have all ready sent the bop. The only thing they have sent me with their request for docs was the standard we now own your debt letter that i never recieved. I am now waiting for them to produce docs if they dont im going to file a motion to compel and state they have had a year to get their stuff together if they are not ready yet then its on them. They do this full time i do it on lunch breaks and when the kids go to slsleep.

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