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Being sued by Midland Funding/Wells Fargo, Jerold Kaplan Law, Phoenix, AZ Mediation next week

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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.) Jerold Kaplan Law Office, P.C.

3. How much are you being sued for? $1,964 (plus $530 attorney fees)

4. Who is the original creditor? (if not the Plaintiff) Wells Fargo Bank, N.A.

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

6. How were you served? (Mail, In person, Notice on door) Given to my husband when he answered the door

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? Maricopa County, AZ

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 2012

11. What is the SOL on the debt? To find out:  6 yrs

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). Mediation scheduled in June, Plaintiff no-showed, I filed motion to dismiss w/out prejudice, they responded saying that’s too harsh and citing some case, my motion was dismissed and mediation rescheduled for next week.  I submitted my original answer within a 10 day window.  I said I admit to none of it and that I have not entered into any agreement with Midland and do not owe them anything.  I said I do not know who they are and have had any prior contact with them.  That was in June, I’ve done a little reading since then and wish I answered a little differently but it is what it is.

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. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?  I responded in the correct time frame.  Yes I received the interrogatory and did nothing – do I have to respond to that?

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit of balance owed, WF Card Agreement, Bill of Sale, e-Record of account pursuant to bill of sale, Notice of new ownership and a statement from Dec 2010.


I value your assistance please and thank you!  J

 

 

 

 

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Is this mediation the pre-trial conference??    Did you do discovery before the June mediation? Not sure on the Rogs because they never sent me any. However my pre-trial conf lasted 4 minutes. She said do you want to settle I said no. You go to the clerk and fill out a form you attended. Then you shouyld work on your MIL's to strike the stuff they sent you. A seperate one for each thing.

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I'm not sure if mediation is one in the same as pre-trial conference.  My paperwork states mediation only.  This is the only progress of the case as of now.  No, I did not submit discovery that they requested nor have I requested any from them.  Do I have to respond to theirs and can I still request documents from them or is it too late?  

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After you filed your answer I believe you have 40 days to file discovery.  I simply said I had nothing to give them. They sent me theirs before I sent mine. . But he is right if you do not do discovery you will lose automatically. Also there is a good chance they will not show up for this mediation but request to appear by phone which you could object to. The discovery has to be done on pleading paper.Let us know how much time you hve to get it in and I'll look thru my stuff for mine

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I have received (don't remember when but its in my file which is about an inch thick - these people really love wasting paper!), from Midland, a several page document that reads "REQUESTS FOR ADMISSION, INTERROGATORIES, AND REQUESTS FOR PRODUCTION OF DOCUMENTS."  It is stamped that response is due June 2.  I never responded and have heard nothing about this since receiving it.  

 

Mediation is today where I will state they have no standing....right?  

 

About those interrogatories/requests for production of documents - do I really need to expect a judgement for not responding to them by June 2?  I did respond to the original summons.  

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You have to follow the process all the way to the end or they will get a judgement.  Discovery needs to be filed at court and sent to them within 30 days.  Then when they send you request for admissions, rogs etc I believe you have 30 days to respond to theirs and ask for yours.

Go to Az court procedures and it should spell out all this for you. You may be able to file an extension to get your RFA and rogs done.  Something like you were on vacation??  But you must file discovery or they will soon file a MSJ and get it.

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