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Best Option for Answering a Midland Funding LLC "Robo-Filing"


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Answers to the summary questions appear below this question:

 

From what I have in hand, M idland Funding LLC filled out the court documents on Nov 14th, they filed by fax on Dec 09, and served the papers at my home on Dec 23 (I am home 24 x 7, so this was the first attempt to serve).

 

The process server rang the doorbell, my roommate answered, ther process server said, "I have a letter for Joe Blow," handed it to my roomate and walked away. No request for me and no follow up letter sent.

 

After weeks of research, I have come full circle and opt to file a simple Answer.

I think I "thought too much" and need a sanity check.

 

1. Do I have to file any Affirmative Defenses, or can I simply:

  • Agreeto things like my name and home county
  • Deny the $ owed and "Account Stated" cause of Action, and
  • Leave all the stuff about their business practice as, basically, "...without knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphswithout knowledge or information sufficient to form a belief as to the truth of each and every allegation contained in paragraphs ####"

2.  Is the bunk Service of the Summons a reasonable item to add to the Answer, or should I keep it simple (as described above).

 

3. I have been out of money a l-o-n-g time, so I was sure the SOL was long past. Surprisingly, when I pulled my free credit report it showed that I made a payment two years ago. I checked last year's credit report and noticed that it was not a payment; the OC charged off the account. Midland is basing their SOL on a charge-off.

 

I am really only seeking an answer to the first two questions.

 

At the end of the day, they are suing me for $1500, and I live on $1480 month Social Security; they are trying to squeeze blood from a turnip. Still, I do not beleive their actions have been lawful, and I I do not want lose by default.

 

My goal at the moment is to to file this answer, hope the court accepts my petition to waive fees, and find a way to do battle later. It is not laziness; I just need to bide time until I can find a way to stand up to what is glaringly wrong.

 

 

1. Who is the named plaintiff in the suit? Midland Fundling LLC
2. What is the name of the law firm handling the suit? Harris, Brown, Robinson-McElroy, Lusis, Graves
3. How much are you being sued for? $1506
4. Who is the original creditor? Midland Fundling LLC
5. How do you know you are being sued? Summons
6. How were you served? Left it with a roommate - "A letter for Joe Blow"
7. Was the service legal as required by your state? No (no follow-up mailing or explanation of contents to person it was handed to)
8. What was your correspondence with the plantiff  before you think you were being sued? None - perhaps one-way, unopened letters
9. What state and county do you live in? California
10. When is the last time you paid on this account? 6 or 7 years ago
11. What is the SOL on the debt? 4 years
12. What is the status of your case? Suit served? Motions filed? Need to file an answer
13. Have you disputed the debt with the credit bureaus? No
14. Did you request debt validation before the suit was filed? No
15. How long do you have to respond to the suit? 5 days

16. What evidence did they send with the summons? None; not required in CA

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well this might be the one time you would want to contact them.  Still answer the lawsuit, general denial, if they pursue it, you have the tools here to help you. But this is on Midlands home page, so it might be worth talking to them.

 

b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets

 

As far as your affirmative defences--look on your credit report and under the original creditor it should list the months of the year at the bottom of their portion of reporting.  Look where it went to 30 days, then 60 days, then 90 days past due.  That should be when you last paid on the account.  What month and year was it? are you outside the 4 year window?

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Oh and I just read you think the last time you paid was 6 or 7 years ago.  You can check your bank records for the last 4 years (3 online I think) and if you have no payments to the OC, I would include a counter suit in your answer for sueing on a time barred debt.  Then when you talk to midland, you can tell them you are exempt, and that you will be filing a countersuit for suing on a time barred debt.  They may be willing to dismiss (you want with prejudice) if not, go through with the counter suit, they would have to pay you, if your records are correct.

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Oh and I just read you think the last time you paid was 6 or 7 years ago.  You can check your bank records for the last 4 years (3 online I think) and if you have no payments to the OC, I would include a counter suit in your answer for sueing on a time barred debt.  Then when you talk to midland, you can tell them you are exempt, and that you will be filing a countersuit for suing on a time barred debt.  They may be willing to dismiss (you want with prejudice) if not, go through with the counter suit, they would have to pay you, if your records are correct.

What if you are involved in a suit that is months away from becoming a time barred debt and can you somehow extend the court dates out by asking for extensions on discovery etc and other procedures and the debt becomes past the time barred debt, is this or can it be grounds for dismissal?

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Thank you. I will call them first thing Monday morning.

 

Proving that Social Security is my own source of income will be very easy; I am, however, going to keep my pen handy so I can make note of what type of information they are going to require to prove "that the consumer has access to no other assets."

I think being an adult and living alone ought to be enough, but I cannot help but be skeptical.

I will give them credit, where credit is due (pardon the pun) if I find that I do not have to jump through a million hoops.

 

In the meantime I checked last year's credit record and it shows the 30, 60, 90 as occurring in early 2011. Tomorrow I will check my bank records and see if they jive with what they report.

 

I have seen plenty of examples on this site for the types of responses you mentioned (time barred, counter suit, etc.), so I will scout around and pull something simple together. 

 

I filled in a Fee Waiver for the court for the filing fees.

 

Thank you for the quick - and very educational - response. Funny how I sometimes forget the simplest thing (like checking their web site).

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