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First court appearance with collection agency


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Hello all.. Can I please get some help.. I live in CA and received a complaint from Midland collection agency. I filed my response thanks to some ideas on this site and have a court date set in a few days. What should I expect? What do I need to prepare for this. Any suggestions will help. Thanks!

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What kind of appearance is it? Is it for a default judgment? Your not giving us much info. If the amount is less than 10K or less hit them with arbitration with JAMS right away. Get on here and read about it, Linda7's threads. Also, read everything you can about beating Midland from beginning to end. Just do a form Search. Are you past SOL or near it?

Lost of things you haven't told us. Sea Dragon or others in Calif. can better advise you once you tell us more.

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Welcome to the forum.

 

First off, answering the questions here would be a good start.  Just leave out personal info and round out the amount for which you are being sued.  That way, all thoses who can help you will have a lot of thie info needed to point you in the right direction.

 

Good luck,

 

rt

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Sorry I'm new to this I have no clue what to do. This is a debt owed to Chase under 5k and they must have Midland have taken over. Apparently they have been trying to reach me however I moved out of family house 4 yrs ago so I haven't seen any of it. Last payment was early 2010. So I think it's still within SOL. The paperwork says its for Case Management conference?? Then I also just received a letter from Midland after they received my response to their complaint for me to call for a settlement. Which I refuse to do.

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After reading the ??'s I will post some answers here. I am being sued by Midland funding LLC there is a lawyer assigned from their firm to the case? The amount sued for is 4,025. Original creditor is Chase and they served the summons through the Sheriifs office. I used to live in Alameda county so it was served to that address listed. I have not disputed any charges or responded to any of their letters prior to this. I had 30 days to file a response to the complaint so I have responded and the court date is in a few days. Any help would be greatly appreciated

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Case Management conference is to try to get the partys to work out settlement,discovery,discovery disputes,
see if case is ready for trial
Schedule a pre-trial conference
Schedule a trial date
Its just a question and answer session with the judge or pro tem that fills in for the judge to help work out issues.Stick to your guns,dont sign anything the plaintiffs attorney gives you.If you sign anything It will be a stipulated judgement where you make payments to midland funding(who paid next to nothing for your charged off account).You want a trial,they will not want a trial they hope you dont show up so they win by default,or the old we have everything to win in court,save yourself some money sign here.Dont agree to anything they present you.
 

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After reading the ??'s I will post some answers here. I am being sued by Midland funding LLC there is a lawyer assigned from their firm to the case? The amount sued for is 4,025. Original creditor is Chase and they served the summons through the Sheriifs office. I used to live in Alameda county so it was served to that address listed. I have not disputed any charges or responded to any of their letters prior to this. I had 30 days to file a response to the complaint so I have responded and the court date is in a few days. Any help would be greatly appreciated

I was served by midland w/chase as original OC and won. They will try to trip you up with case laws and nothing but objections but don't let it get to you. I won against them within 4 mos of being sued and astmeducs and others have won as well. I believe it was suggested to you to follow astmedics thread and that's very good advice. Astmedic went all the way thru the process whereas my case was dismissed during the discovery process. Start a binder and calendar. Mark when you receive things fr jdb or when you sent or need to send things to jdb. This will help see the BIG picture. Read other members thread like meli, readytowiinca 1111girl to build your strategy and help respond to jdbs discovery. 

 

So welcome. Hth. 

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  • 1 month later...

Hello all,

I was so confused and thought my Case Mgmt hearing was in March but it actually is not until May. Since the last time I've visited this site - have receive Requests for documents, admission, and special interrogatories and have responded to it. I wasn't sure what to do with it so I sent a copy to the JDB and a copy to the courts and they just mailed it back to me (the courts) with no stamp or anything. I'm confused as to why. Also since then the JDB has also sent me their case mgmt statement and I'm a little lost on how to fill one out if someone has a sample out there please help! Any help or suggestions would be great! My date is coming quick and I'm sooo confused and nervous. Thanks in advance!

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P124ncess17, It is going to be really hard to win your case with help here if you only react and ask for help a few days before your court dates.  winning against these cases are 90% paperwork and you have to study and prepare for it.  No one here can tell you what to do a couple of days or even a couple of weeks ahead of time.  You need to be willing to put in the time, don't send them anything unless you post it in this thread first.  
How did you answer the discovery?  If you admitted to everything, then you may as well make a settlement deal with them.  If you would have come here and posted what they sent you before you answered, we could have shown you how to answer.

If you really want to fight this case, you need to answer the questions posted in the above link here.  Then you need to post what they sent you and how you answered them.  Only then can anyone tell you if you have a fighting chance.

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Hello all,

I was so confused and thought my Case Mgmt hearing was in March but it actually is not until May. Since the last time I've visited this site - have receive Requests for documents, admission, and special interrogatories and have responded to it. I wasn't sure what to do with it so I sent a copy to the JDB and a copy to the courts and they just mailed it back to me (the courts) with no stamp or anything. I'm confused as to why. Also since then the JDB has also sent me their case mgmt statement and I'm a little lost on how to fill one out if someone has a sample out there please help! Any help or suggestions would be great! My date is coming quick and I'm sooo confused and nervous. Thanks in advance!

 

 

You don't file discovery withthe court.  Just serve it on the plaintiff.  THat is why the COurt returned it to you.

 

THe CMC statemement will not be hard to fill out.  Take a stab at it using what plaintiff did as an exemplar.  Post any questions and we will help.

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  • 2 weeks later...

Need help with case management statement. Not sure if I need to fill out 4b. Provide a brief statement of the case including any damages. Etc.

plaintiff wrote: "The underlying account that is basis of Plaintiffs complaint is a credit account Defendant held with Chase USA which was sold and assigned to plaintiff prior to the filing of the complaint. plaintiff seeks to recover a balance due of $4000 p,us interest on that amount and four costs. Plaintiff remains willing to explore a mutually beneficial solution if through a voluntary payment arrangement if possible."

If I do need to which it looks like I do. Any suggestions? Thanks!

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Also 7b. Estimated length of trial the plaintiff put 2 hrs I'm not sure if I just copy it and put 2 on my CMC.

16b. The following discovery will be completed by the date specified :

(Plaintiff put)

Requests for admission date

Requests for docs etc

(Do I need to enter anything here or leave blank?) I've already responded to the doc requested listed above

16c. The following discovery issues, including issues regarding the discovery of electronically stored information are anticipated.

Plaintiffs response: plaintiff intended to file discovery motions if it does not receive responses to the discovery propounded above.

19. Meet and confer

Plaintiff attempted to reach defendant but was unable to make contact. Plaintiff remains open to discussing settlement options.

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Not sure what you should put, but did you send them any admissions or discovery?   Did you request a BOP?  If you didn't I would do that now.  (on both) after the case mgt. hearing, If you have no ongoing discovery, and plaintiff thinks you are not going to be fighting (in their eyes) They may try and file a motion summary judgement on you  If you have ongoing discovery you not only make them work, it will force them to show their hand on exactly what they have, and you can be better prepared to defend yourself. It would also be easier to get the motion thrown out if there is ongoing discovery.

 

Are you being sued for breach of contract, or Account stated or both? Then we can help guide you as to what you need. :)

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It is hard because we do not have a lot of information about your case.  Did you serve a BOP like I suggested above?  If so, for 4b, try the following:

 

"Plaintiff alleges that it is the assignee of an account originated by Chase.  Defendant served a Bill of Particulars on ____ but has still not received all statements relating to the account or even proof that plaintiff is the assignee.  A motion to compel pursuant to CCP 454 may be required".  As for the remainder:

 

   

 

 

7b. 2 hours

16b. The following discovery will be completed by the date specified :

Requests for Production of Documents:  7/15/13

 


16c. The following discovery issues, including issues regarding the discovery of electronically stored information are anticipated.

 

Defendant  intends to file discovery motions if plaintiff does not comply with its obligations to respond fully to defendant's Bill of Particulars. [if you did a BOP].

 

.
19. Meet and confer

They say they tried and you didn't respond.  True???   

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It is hard because we do not have a lot of information about your case.  Did you serve a BOP like I suggested above?  If so, for 4b, try the following: "Plaintiff alleges that it is the assignee of an account originated by Chase.  Defendant served a Bill of Particulars on ____ but has still not received all statements relating to the account or even proof that plaintiff is the assignee.  A motion to compel pursuant to CCP 454 may be required".  As for the remainder:      7b. 2 hours16b. The following discovery will be completed by the date specified :Requests for Production of Documents:  7/15/13 16c. The following discovery issues, including issues regarding the discovery of electronically stored information are anticipated. Defendant  intends to file discovery motions if plaintiff does not comply with its obligations to respond fully to defendant's Bill of Particulars. [if you did a BOP]. .19. Meet and conferThey say they tried and you didn't respond.  True???

I have not sent a BOP. Since my CMC was coming up so close I didn't know if it was too late. My computer crashed so I have been trying to do everything via my phone which has been very hard. They were sending some stuff to my parents address which is almost an hr away so I'm not sure if they tried contacting me however I haven't received any phone calls. The online things I've received are court docs and I have responded to every request except the CMC statement which I plan on bringing to the conference.
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I have not sent a BOP. Since my CMC was coming up so close I didn't know if it was too late. My computer crashed so I have been trying to do everything via my phone which has been very hard. They were sending some stuff to my parents address which is almost an hr away so I'm not sure if they tried contacting me however I haven't received any phone calls. The online things I've received are court docs and I have responded to every request except the CMC statement which I plan on bringing to the conference.

Hello,

 

There's a BOP on my thread that you can tailor to your case and anything else you may need.

 

Here's the thread: http://www.creditinfocenter.com/community/topic/320238-its-official-we-won-against-eaf/

 

or look at Aticnib's thread aginst Midland: http://www.creditinfocenter.com/community/topic/320176-documents-against-midland-funding/#entry1243051

 

HTH

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Hello all,

So I went to my CMC today and was literally in there for about 5 min. Looks like Midland just had a rep there not even sure if she was an attorney. Looks like she was bouncing around between different court rooms just to relay messages. When it was my turn I had my CMC statement ready with copies for all parties and didn't even get a chance to hand them out when the lady from Midland just said to the judge " looks like we want to set this trial for 10 months out" judge then said " we don't usually put it out that far but this may beneficial for you Ms. (Looking at me) and i have alot of things i could do in this court room anyways" and I figured this would give me time to get things in order so I agreed and it is set for Feb 2014. Has anyone heard of this? Did I make a dumb move? I was so nervous.

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no good move for you because you were so not prepared.  Promise you will do as the people here say,  Don't put it off.  You did not do any of the stuff advised.  Don't wait 10 months to work on this, be prepared, start your discovery, get your ducks in order, and you can go in and win this thing. :-)

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