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Just received Midland Funding summons - starting from scratch...

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Hello -


I just received my summons from Midland. I am begining this journey of research and found this site. I am still new to all this and a bit clueless on where to go from here. ANY help will be much appreciated!


I am just now begining to work on my answer to the summons, is there any place i can find samples so i will know the correct jargon to use or is there a specific way it should be completed.


Thank you in advance; below are my specifics so far.


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.) No Law Firm in particular, about SIX different attorney's names.

3. How much are you being sued for? 1279.44

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

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

6. How were you served? (Mail, In person, Notice on door)   At home in person.   
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?    I have received letters in the mail.


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

   10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  Last payment Jan 2010. Account Charged off July 2010. Account closed August 2010. No payments made to HSBC or Midland since then.

11. What is the SOL on the debt? To find out:   4
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     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).  I dont know. 

 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 received summons on 10/6/2013 - 30 days would be 11/5/2013.  I did not receive a interrogatory questionaire. They are suing for recovery of the 1279.44.

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. Attached are a declaration for reduced filing and a civil case coversheet. Nothing else.


17. Read this article:

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


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Look at the thread I started a month or so ago, it will have all of the info to get you started. Including copies of documents.


I live in Texas though, so some things might be a little different for you since you are in California.

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