oreobloopca

MIDLAND AND PORTFOLIO ARE SUING US CALIFORNIA L.A.

Recommended Posts

There's a bunch of questions we need answered...

 

  1. How much?
  2. How were you served?
  3. When were you served?
  4. How much is the alleged debt?

 

File a general denial - there's forms available at the California Judicial Council website... once you file and send them the general denial, then hit them with a BOP... 

Link to post
Share on other sites
  1. How much?2k
  2.  
  3. How were you served?IN PERSON
  4.  
  5. When were you served?ALMOST 2 MONTHS
  6.  
  7. How much is the alleged debt?2k

 

File a general denial - there's forms available at the California Judicial Council website... once you file and send them the general denial, then hit them with a BOP...

 

WE DID GENERAL DENIAL AND DID THE BOP BUT THEY OBJECT ON GROUNDS OF ACCOUNT STATED we dont know our next move.

thanks

Link to post
Share on other sites

Was ACCOUNT STATED the only cause of action in the complaint? Or was it ACCOUNT STATED plus other counts?

 

If it is only Account Stated, then BOP wasn't appropriate, there are other steps to take. If it was Account Stated plus other counts, they may simply be attempting to dodge the BOP and you'll want to respond quickly in order to keep the pressure on them to produce the proper response.

 

You should answer the rest of the questions in this thread : http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/ so we can get a better understanding of your case(s). No need to be specific with exact names/dollar amounts, IMO.

 

Also check out this thread by ASTMedic: http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california it will give you a good idea of the process and should give you a confidence boost heading into this.

 

**edit, i see you've already been to the ASTMedic thread.

 

**edit - I also saw that MF sent you statements, bill of sale, correspondence, probably some letter about a pool of accounts and a MF verification too, etc - don't let that freak you out, it's what they send everybody. Just because they send you those things, doesn't mean they are admissible.

  • Like 1
Link to post
Share on other sites

Pleading Wizard - Delmar

FW-001 Request to Waive Court Fees - California Courts - State

PLD-050 General Denial - California Courts

POS-030 PROOF OF SERVICE BY FIRST ... - California Courts

http://www.californi...ve_Defenses.htm

 

I would answer something like this:

 

1. The Plaintiff, lacks standing to sue under CCP §430.10 ( b ).

 

2. The Defendant has never had any relationship, business or otherwise, with the Plaintiff. At no time did the Defendant become indebted to the Plaintiff. As such, the Defendant has no obligation to the Plaintiff, monetary or otherwise.

3. The Plaintiff alleges in their complaint that the Defendant owes them a certain sum of money plus interest, court costs and attorney fees. However, the Plaintiff has failed to show that a debt exists (CCP §430.10(e) and CCP §430.10(f)).

4. There has been no previous financial transactions created between the Plaintiff and the Defendant (Civil Code §1549).

 

 5. There has been no consideration exchanged between the Plaintiff and the Defendant (Civil Code §1605). Because of the lack of existing contract or consideration exchanged, the Defendant owes the Plaintiff nothing.

 

6. No monthly statement(s) of account were ever mailed to the Defendant and no proof of mailing any monthly statement(s) to Defendant has been received or entered in to evidence.

 

7. Defendant, has never by words or conduct, promised to pay any alleged stated amount to the Plaintiff.

 

8. Defendant, by words or conduct, has never agreed that any amount stated in the alleged account was a correct amount owed to the Plaintiff or anyone else.

 

9. Defendant has not paid the Plaintiff any or all of the amount claimed to be owed under this alleged account because Defendant owes the Plaintiff nothing Subject the foregoing, the Defendant denies the lawsuit in its entirety.

  • Like 2
Link to post
Share on other sites

To establish this claim, The plaintiff must prove all of the following:

 

1. That the Defendant owed the Plaintiff money from previous financial transactions;

 

2. That the Plaintiff and the Defendant, by words or conduct, agreed that the amount stated in the account was the correct amount owed to the Plaintiff;

 

3. That Defendant, by words or conduct, promised to pay the stated amount to the Plaintiff;

 

4. That Defendant has not paid the Plaintiff any or all of the amount owed under this account; and

 

5. The amount of money the Defendant owes the Plaintiff.

 

It comes about by the creditor rendering a statement of the account to the debtor.

If the debtor fails to object to the statement within a reasonable time, the law implies his agreement that the account is correct as rendered.” (Zinn, supra, 271 Cal.App.2d at p. 600, internal citations omitted.)

  • Like 1
Link to post
Share on other sites

Thanks Ryanex yes the first  cause of action is ACCOUNT STATED so far they had the right to object, but then they sent me a bunch of statements, a bill of sale, legal notice correspondance.

What should be our next move?

thanks.

Welcome,

If account stated is the only thing your both being sued for, then start your discovery. Ask for the signed original credit card app for starters.

Link to post
Share on other sites

thank you all for your help let me explain my wife is being sued by midalnd and Im being sued by portfolio we filed an asnwer to midlands but not to portfolio to Midland was no even close to the ones Ive read is the forum but thanks to all of you I know we are in good hands in a great forum full of nice people that have been in our shoes.

And we are going to do well.

Link to post
Share on other sites

so here we go

1. Who is the named plaintiff in the suit?
MIDLAND AND PORTFOLIO

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

3. How much are you being sued for?
2400   AND 7000

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

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

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?
NO

9. What state and county do you live in?
CA   L.A.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
9/2011    -  9/2011

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

4YRS

Link to post
Share on other sites

To establish this claim, The plaintiff must prove all of the following:

 

1. That the Defendant owed the Plaintiff money from previous financial transactions;

 

2. That the Plaintiff and the Defendant, by words or conduct, agreed that the amount stated in the account was the correct amount owed to the Plaintiff;

 

3. That Defendant, by words or conduct, promised to pay the stated amount to the Plaintiff;

 

4. That Defendant has not paid the Plaintiff any or all of the amount owed under this account; and

 

5. The amount of money the Defendant owes the Plaintiff.

 

It comes about by the creditor rendering a statement of the account to the debtor.

If the debtor fails to object to the statement within a reasonable time, the law implies his agreement that the account is correct as rendered.” (Zinn, supra, 271 Cal.App.2d at p. 600, internal citations omitted.)

thanks

so should I copy this as it is and mail it to them?

also we received calls from them and they have told me that Im being record it...

that counts as evidence if presented by plaintiff?

Link to post
Share on other sites

Rule One: Don't talk to the creditors.

Rule Two: If you think you need to talk to the creditors refer to rule one

PLD-050 General Denial - California Courts

POS-030 PROOF OF SERVICE BY FIRST ... - California Courts

FW-001 Request to Waive Court Fees - California Courts - State

  • Like 1
Link to post
Share on other sites

thanks

so should I copy this as it is and mail it to them?

also we received calls from them and they have told me that Im being record it...

that counts as evidence if presented by plaintiff?

Nope. You didn't answer the last 5 questions, but one of the most important being what is the listed cause of action in the cases? And what have they provided you so far....statements? Contracts? Nothing?

Link to post
Share on other sites

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).

for Midland answer its Filed for Portfolio not yet

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? 
for Midland its filed for Portfolio 15 more days

Link to post
Share on other sites

List the cause of actions. Ok midland is account stated, did the list common counts, open book, breach of contract in their complaint?

And what are they for portfolio?

thanks.

for Midland the only cause of action is ACCOUNT STATED. BOP sent they object to it now I have a POD ready to be send .

for Portfolio the only cause of acction is COMMON COUNTS  no answer has been filed, will be file as PLD-050 General Denial .

 

thanks

  • Like 1
Link to post
Share on other sites

Nope. You didn't answer the last 5 questions, but one of the most important being what is the listed cause of action in the cases? And what have they provided you so far....statements? Contracts? Nothing?

MIDLAND sent request POD, ADMISSION and  INTERROGATORIE thanks to the forum we replied.

Then we sent BOP to midalnd and they object to it but they sent STATEMENTS PRELEGAL LETTERS and  BILL OF SALE as an asnwer to BOP thats pretty much all I got so far from them.

Link to post
Share on other sites

for answer to PRA jdb

So far I have the following
THIS DEFENDANT DENIES EACH AND EVERY ALLEGATION CONTAINED IN THE CLAIM AND EVERY PART THEREOF AND, IN THI CONNECTION, THIS DEFENDANT DENIES THATPALINTIFF HAVE BEEN INJURED OR DAMAGED IN ANY SUM, OR AT ALL.
VERIFICATION

is this good enough to start. I need to file an answer.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.