CaliBabe85

Help! First time being sued = Midland Funding. Struggling Student in California!

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Hello!

 

I am a 27 year old female student living in San Francisco, CA and I was served with a summons from Midland's attorney 1 week ago. This is my first time being sued and I need desperate counsel as I have absolutely no idea how to proceed!!

 

I am being sued for $1,500.00 for a credit card I opened in 2010. The original amount of the credit line was $1,000.00. My last payment was made in-store in April of 2011. I stopped paying my credit card because I left the country for 4 months, dropped everything to take care of a terminally ill relative. Upon arrival home, I sank into a deep depression which then led me to be negligent to any/all bills at the time, including my $1,000.00 credit line. I have not been successfully contacted by phone by collectors since 2012. I don't recall any of the conversations at that time, or if at the time Midland was handling my debt.

 

My problem now is that, since receiving the summons, I have called Midland from my new phone number and attempted to negotiate a payoff amount after reading a forum on another website. My initial and logical sense at the time told me to avoid court at all costs. I honestly DID NOT THINK THAT MY CHANCES OF FIGHTING THIS CASE AND WINNING WAS A REALITY, WHICH IS WHY INSTEAD I TRIED TO NEGOTIATE A LUMP SUM AMOUNT. The lowest they were willing to negotiate for was $1,350.00. They also offered me a monthly payment plan with $675 needed down. I do not have the money to pay this, I am a struggling student in my Senior year & I only make $950 a month. I AM IN EXTREME FEAR OF THE COURT GRANTING THE CREDITOR TO GARNISHING MY WAGES! I WILL NOT BE ABLE TO SURVIVE! PLEASE HELP!

 

I am aware that my conversations are being recorded, there has been a total of 3 conversations since last week, all in which I attempt to negotiate a payment amount and have replied with "YES" when asked, "This amount is for your ********** Credit Card, right?". In all my conversations I have seemed very intimidated by the summons/being sued, and I recognize that. Midland knows I am trying to evade going to court and I believe they are using that in their favor!

 

My questions are as follows:

1) Have I already assumed responsibility to the debt since I called myself to negotiate a payoff amount? This was my initially reaction as I was SCARED OUT OF MY MIND AND THE FIRST LOGICAL SOLUTION I COULD THINK OF!

 

2) Will changing the story now by asking them to prove it be effective? Or will I waste my time off work at the court house for no reason?

 

3) If I am proven guilty and must pay the debt, will I still be able to make payments on the total amount? Or will they demand it in full? 

 

4) Would anyone recommend that I continue to negotiate now INSTEAD OF CONTINUING WITH THE SUIT?

 

5) Is threatening with Bankruptcy recommended in the case that I proceed with negotiating? 

 

I only have a few more weeks to respond to the court house and I am extremely SCARED/TERRIFIED! I am so lost and this is ALL SO COMPLETELY NEW TO ME! 

 

Any insight/assistance will be greatly appreciated! BTW THEY ARE TOTAL ASSHOLES & DONT EVEN SPEAK ENGLISH CORRECTLY!

 

Please help anyone!

 

Signed,

 

Struggling SF Student

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Good Morning.. first please relax, read a thread called:

Q's to answer when posting in this forum - please read!

 

It will help the folks on the forum to help. 

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First of all relax.  Midland is a Junk Debt Buyer that seldom if ever goes to court at least here in California. 

 

Secondly, you will not be found "guilty" of anything only liable to repay the debt and only if they prevail in the courts.  This is a civil matter not a criminal matter. 

 

Third, even if they do prevail in court know this:  If you have no assets or all you have are exempt assets and limited and/or exempt income the most they can take from your wages is 25% of your gross.  Again they can not put a lien on your assets or attach your wages without a court order called a writ and that take at least 4 months if not more to obtain.

 

Fourth if you fight back they will be more willing to negotiate a better settlement if that is your goal. 

 

I have three defaulted debts with Midland and got them to back off on all three and even stop reporting those defaults to all 3 credit bureaus by simply asking them, repeatedly I should add, to validate the debt.  They sent me numerous settlement offers that were a lot better than what they offered you before they finally gave up and went away.  That was two years ago and the SOL have expired on all my defaults which means they can't sue me but they can still hound me to pay the debts.

 

I'd fight them since your chances of winning are good and the people on this forum are knowledgeable and extremely helpful. 

 

First thing you need to do is to get someone other than you to serve Midland with your answer via Certified Mail Return Receipt Requested within 30 days of being served.   Then you need to get a fee waiver (easy to do-did it myself) and file your answer with the courts otherwise they'll get an easy default.  Check your court's web-site for rules and and any forms you may need. Also review as many case records as you can on-line to see how Midland operates.  I don't know which jurisdiction you are in but San Mateo Superior Court and the San Francisco Superior Court records are free.  Others charge a nominal fee-50 cents a page.  Lastly, do your own research until you are cross-eyed.  Knowledge is power.

 

Lastly, it doesn't matter that you acknowledged the debt is your debt.  What matters is they need to prove that you owe them what they say you owe them.   Unless you are the victim of identity theft no judge in their right mind is going to buy the argument that you don't owe someone for the debt. 

 

Good Luck

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You can mail your Answer and use a Proof Of Service By Mail (POS) the form is on your courts website.  (POS-30).

 

You need to tell the forum everything about the case so they can point to you how the answer your complaint. So read the thread that I posted copy the questions and answer them. Lets get to work... 

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Hi Cali, you can definately beat Midland, you just haven't learned how to...yet :-)

 

They sued me last year and I followed a set strategy which resulted in them dismissing the case the morning of trial. Truth is I had them beat before that, but of course they carried their bluff until the last minute. I followed one strategy, but others have used different approaches, you'll figure out what's best for you. For now, you just need to focus on carrying out your response strategy, the rest can come later. If you were personally served, then in California you have 30 days to respond (file your answer with your court). Sounds like you have about 20-23 days left. A few things you should do:

 

#1 - Don't speak to them on the phone anymore. Period. They'll probably call you to continue the dialogue. Don't answer. If you do answer, inform them that anything you have to say will be in your response to the summons - don't let them draw you into any other conversation or any details about what you intend to do > they can read about it later xtookewlx

 

#2 - Mark you calender for that 30-day deadline. If the 30th day falls on a court holiday or weekend, you have until the end of the next court business day to file the response.

 

#3 - Answer the questions from this thread: http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/. Copy and paste back in here. It will help us understand the specifics about your case so we can help you better.

 

#4 - Check the PM I sent you.

 

#5 - Check out the following threads regarding CA posters who have fought JDBs and won. It'll give you insight into why a JDB like Midland will have trouble proving their case against you.

 

ASTMedic - http://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

HomelessInCalifornia - http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/

 

 

The response you need to make can be as simple as a 1 or 2 page form with a few check boxes marked. Could be a little more than that, we'll know once you respond to the questions above.

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See the following link. Granted, it does not involve Midland, but the ASTMedic thread was referenced repeatedly to assist.

 

http://www.creditinfocenter.com/community/topic/320754-being-sued-by-razor-capital-in-california/

 

By all means defend yourself, but it is my belief that new members are best served by seeing what else can happen. You can prevail, but there is no room for error.

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^ good to know where/how some members have been beaten. IMO, those who have lost in CA either failed to execute some of critical steps in a timely manner, took a wrong step in court, or had the misfortune of having a judge who didn't/wouldn't follow the laws of CA/Code of Civil Procedure. The first two you can totally take care of yourself by knowing the timetables, CA rules and (very importantly) your local rules & by learning what to say/ what not to say in court; you have time to study those after taking care of your response. The judge you can't control, but you can take steps to protect yourself there (hiring a court reporter to keep a detailed record of trial - should you get that far) - again something to address after your answer.

 

I have not yet read a thread where Midland, or any other JDB, prevailed in CA without the help of a bad judge or the inexperience of the defendant.

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Seems like lately it's a combination of bad judges and plaintiff's arguments that bank records, in the computer age, don't lie. I can't recall reading about a single loss that didn't boil down the court accepting the plaintiff's documentation as gospel.

 

We need to be really careful about saying a JDB can't prove their claims because they are doing it successfully, using the same scant documentation that used to be considered insufficient. If every case has to be appealed, at what point is it more cost-effective to get a second job and simply pay a settlement?

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There are Judges here in Cali who accept whatever the Plaintiff submits for evidence. They rule the Plaintiff's evidence is "good enough", and the Defendant is not prejudiced by the Plaintiff's failing to comply with the applicable Codes of Civil Procedure. The same type of judge may state they "disagree" with Target v Rocha, or state that it only applies to Santa Clara County.

Because of this, Defendants need to find out how their Judge will rule at trial well in advance of the actual trial date. If a Defendant knows in advance their Judge will rule against them should the case proceed to trial, then the Defendant can plan their overall strategy to obtain the best possible outcome they can achieve before the case requires a Bench ruling. Or they can plan on going to trial and appealing the ruling. Some are inclined to pursue that option.

Even in a pro-Plaintiff court, an organized and motivated Defendant with legal chops and a relatively low-dollar amount being sued upon can still prevail. This is because Midland and the other JDBs often send rent-a-lawyers with no knowledge of the case on the docket to hop from courtroom to courtroom. They are at the Courthouse to collect default judgements and last-minute settlements, not to argue cases. This happens primarily in low dollar amount cases.

If the amount sued upon is large enough, the JDB sends a regular attorney prepared to argue at trial. A pro-Plaintiff Judge will make sure the Defendant loses in this type of scenario (unless Plaintiff's attorney drops the ball so badly in some respect that even the Judge can't save them.)

The dollar amount in this case is very low, so that helps Calibabe85. Midland and other JDBs can't/don't cover all of their trials with their regular attorneys. This is one area where they are vulnerable.

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I am an attorney in Louisiana and I deal with Midland quite a bit.   I can only think of one case where Midland even came close to having the information needed to satisfy me they could prevail on their claims against my client.   Just relax.   If you feel you need the assistance of an attorney you can go to the website of the National Association of Consumer Advocates (NACA) and use the Attorney Finder tool.    There is plenty of help out there.

 

Good luck.

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There are Judges here in Cali who accept whatever the Plaintiff submits for evidence. They simply rule the Plaintiff's evidence is "good enough", and that the Defendant is not prejudiced by the Plaintiff not following the applicable Codes of Civil Procedure. The same type of judge may state they "disagree" with Target v Rocha, or state that it only applies to Santa Clara County. 

 

Because of this, Defendants need to find out how their Judge will rule at trial well in advance of the actual trial date. If a Defendant knows in advance their Judge will rule against them should the case proceed to trial, then the Defendant can plan their overall strategy to achieve the best possible outcome they can get before the case requires a ruling from the Bench. Or they can plan on taking it to trial and then appealing the ruling, if they are inclined to pursue that option...

Very good point. There is plenty of information at our fingertips and in law libraries that can give a person insight into how their judge operates. Not just how they might rule on certain issues, but also how they deal with discovery issues, whether or not they like MILs, how they like to see trial binders organized, etc.

 

http://www.therobingroom.com/california/Default.aspx?state=CA - I found this one helpful in getting a feel for my judge. YMMV. The link is for CA judges, but the core site seems to cover judges nationwide and at various levels.

http://consumer-justice.org/ - Didn't find this until after my trial, but looks like it compiles a pretty decent history of decisions by individual judges. Didn't find my judge in there, they may still being building up a database.

 

Simply using google is great, too. Punch in the name of a judge and you may get lucky and find material on them, and even better find material written by them -  for law journals, etc.

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Hello Everyone, thank you all for being so helpful and for your prompt responses. I'm sorry that it took me this long to finally get my "questions" in here. Here we go!

 

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.)

 

There is no law firm listed, only the names of 5 individual attorneys, ONE of whom signed my summons.

3. How much are you being sued for?

 

$1,500.00

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

 

HSBC Bank.

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

 

I was served. Also, I looked up my case number on my designated courthouse website, and it is confirmed- I am being sued.

6. How were you served? (Mail, In person, Notice on door)

 

I was served in person.

7. Was the service legal as required by your state? 

Process Service Requirements by State - Summons Complaint

 

Unfortunately - YES.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

 

I didn't keep any of the mail from HSBC Bank or Midland's settlement offers; I have none to reference.

9. What state and county do you live in?

 

Currently live in a county in northern California, but the courthouse to which I must attend is a Los Angeles County courthouse.

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

 

The last payment I can recall was made in May of 2011, I made the payment in-person and in store with a debit card.

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

Statute of Limitations on Debts

 

The SOL for this debt is 4 years.

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).

 

The status of my case is:

 

Case Type:  COLLECTIONS CASE (Limited Jurisdiction)
Status:  PENDING

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? 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

 

I have 30 days. The deadline is coming upin about 2 weeks.

16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

 

I don't believe there to be any evidence attached. All that looks like I have is the summons & "Civil Case Cover Sheet". 

*****The only other fact I'd like to add is that the summons is filed in my maiden name. I now carry a different last name, I am legally married although I am separated at the moment. Does this work in my favor at all?

 

My sole charge is: 

 

Complaint for: (1) Account Stated.

 

Following the complaint is the First Cause of Action:

 

- Plantiff realleges and incorporates by reference the foregoing paragraphs.

 

- Within the last 4 years, Defendant became indebted on the Account to Plaintiff in the sum of _______________ on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff. 

 

- Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due.

 

- As of the date of this complaint, there is due and owing the unpaid sum of ____________________ less credits or adjustments of $0.00. For the purposes of this suit, Plaintiff is not requesting any interest on the amount sought, and requests that interest be waived, including pre- and post-judgement interest.

 

Please let me know if there is any additional information I can provide that would make my scenario clearer. Like I said, my deadline is coming up in 2 weeks, I know I must respond. I have been reading that I must send it CMRRR or POS, but do I drop the court copy off at the court? OR CMRRR/POS it by mail there too? Can my "Response" be as simple as sending a General Denial, and might any one have a link of one already created so that I can add in my info?

 

Can't tell you all how grateful I am to have found this forum and the amazing people on it. You guys are truly an inspiration!

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...

We need to be really careful about saying a JDB can't prove their claims because they are doing it successfully, using the same scant documentation that used to be considered insufficient. If every case has to be appealed, at what point is it more cost-effective to get a second job and simply pay a settlement?

Appeal costs can often be recouped by the prevailing party when timely requested in briefing/upon favorable decision (specific rules would apply to a specific jurisdiction AFAIK). I would prefer that recovery to a second job YMMV.

 

If I don't plan on making a proper appeal record to control the judge I may as well plan on losing. YMMV

 

As a plaintiff bringing claims against a mega-billion dollar entity it is apparent there is a difference between fighting an engaged opponent and a lazy opponent. I would suggest it is best to be a very engaged opponent if playing the defendant in a collection lawsuit.

 

OCs won't/can't prove their claims in a court of law from my experience. Having not personally dealt with a JDB lawsuit, it would be interesting to me to see how their admissible evidence in the "computer age" actually increases/improves/becomes available when handed off to a third party from the OC.

 

When the defendant allows inadmissible evidence to be admitted into the record unchallenged, does not show on and for the record that the plaintiff has failed to prove by admissible evidence every one of the required elements for the cause of action brought by the plaintiff, and does not make a proper trial court record for appeal the judge has absolute freedom to rule against the defendant. Even if it is only for the "crime" of having the same hair color as their ex-spouse.

 

There is absolutely no room for reversible error on the part of the judge when I am making my trial court record. I am not going to participate in a non-appealable forum, if I have a choice. The credible threat of an appeal is the only reason that a judge would be forced to follow the rules of evidence and the law. Even then the judge may not follow the law and the defendant is left to timely notice and appeal to correct the reversible error or just accept their loss.

 

The opposing party, in my experience, tends to be unmotivated to come to a reasonable settlement if they happen to know a litigious attorney/law firm in the applicable jurisdiction. A JDB actually submitting admissible evidence to prove up all the required elements of their cause of action? Sorry, I don't believe that is going to happen in even 1% of the lawsuits they file. JDBs win much more than 1% of their cases they file. To me it is obvious how the losing cases come about. It is simply the defendant's failure to unrelentingly and intelligently engage the opposition and/or failure to control the judge by making a proper appealable trial court record.

 

When sued on collection and considering self-representation I would first want to make sure I timely file a response to the summons/complaint. Typically the response is an answer with affirmative defenses or pre-answer motions when applicable. I would want to quickly determine the required elements (per my state's case law) that must be proved for an account stated cause of action in CA. Some discussion is found here: http://www.creditinfocenter.com/community/topic/293550-account-stated-by-a-ca-can-you-really-attack-it/

 

When the plaintiff fails to prove each required element for their cause of action it is reversible error by the judge to grant judgment to the plaintiff. The place to correct that error is on appeal. The primary tool to do so is a proper trial court record.

 

It is a quite a bit of intelligent work to engage a collector in court. Any possible settlement typically becomes more favorable for those that fight back in court. For me negotiation is primarily about the leverage I bring to the table.

 

The collections game is a psychological game for the DC. The opposing party's most powerful weapon is fear.

 

It is a lot of work to learn to properly engage a DC attorney in their courthouse. I would want to determine if paying an attorney to defend/settle is a better use of my resources. Consulting with a competent winning consumer attorney with collection defense experience is probably a good idea and is often free.

 

Knowing that the JDB paid 5% of the face of the alleged debt, that they lack the admissible evidence to prove up their elements and would routinely lose in court to a competent winning consumer collection defense attorney is information that helps remove some of the fear and turn that fear into heated annoyance. It would not cause me to make losing arguments like unjust enrichment to the court or cause me to be overly-optimistic about the small investment by the JDB causing me to have some good leverage for a very favorable settlement before showing a willingness to fight back. I would not expect the JDB to act as if they have no evidence or payed chump change for damaged goods in court but I am not afraid of the truth like the DC attorneys that lie in court.

 

The fight is for each person to decide whether and how to engage. The tools vary (I would check to see if binding contractual arbitration was available through a survivability clause in a previously binding agreement between the parties) Private contractual arbitration in the agreement between the parties has been used by some to scrape off JDBs pursuing smaller alleged debts in court. The high cost of arbitration to the business is the leverage in that case. I believe that HSBC dropped arbitration from their agreements in 2010. JAMS is typically the highest cost arbitration forum for businesses.

 

I am not a fan of contractual arbitration (because they typically lack enforceable rules of evidence, realistic appeal processes and stare decisis) but I don't discount or discourage the research and use of any tools that might be appropriate as far as a defendant is concerned. Contractual arbitration has been used to provide an alleged debtor a "win" As always it is the individual that defines what a "win" is for themselves.

 

I find what *I* believe is more important than what the opposing party or their attorney have done in the past. The reason this is true for me is because I execute intelligently and do the often very hard work to do whatever it takes to win. The pay is crappy even including all of the substantial alleged debt that has gone away.

 

My thinking is what permits me to win. If my thinking wan't correct I doubt I could win against a JDB or an OC.

 

I know of no magic bullet (like a magic winning pleading or motion template with fill in the blanks) in collection defense litigation.

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Member "Christine" on her appeal:

"I've lost 2.5 years of my life to defending myself against these thugs in corrupt courts.

 

I didn't get a penny for the pain and suffering, for my roommate moving out because I spent countless nights working on motions and being not exactly great company, etc. etc.

 

Prevailing in these cases did NOT leave me with a fortress, but broke and in an unfinished house because I didn't have the time and money to work on it."

 

The OP should do that for 1500 bucks? To each his own...

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...

The fight is for each person to decide whether and how to engage.

...

I don't have any specific action that I can or would suggest the OP do or not do. I don't know the OP, I am not a practicing attorney in their state, nor am I engaged as their attorney. I provide information based on my personal experiences and research.

 

I don't regret my decisions to litigate. I would suggest that others choose their path wisely after honest and thoughtful consideration so they have no regrets.

 

If anyone is confused and believes that I have somehow painted collection defense litigation, arbitration, or settlement as easy let me clearly reiterate/state there are no magic bullets in any of these paths. There are also no shortcuts to collection defense/settlement that I have ever experienced. I do not recommend wasting precious resources looking for shortcuts. I am skeptical they exist.

 

If anyone finds suggesting that a defendant consult with a competent winning consumer debt collection attorney is somehow a bad idea they might have some serious biases against attorneys that are clouding their judgment.

 

The collection fight is not for the weak or scared (at least not for those that choose to stay in that mindset). It is a fight I know I can win and others have proved the same. It is not a fight for everyone. I suggest honestly evaluating one's resources and attitudes before making a regrettable decision.

 

Since each individual defines their own "win" it is not up to others to criticize the decisions that others make. I will occasionally cringe when I see a party that appears to be lying to themselves to justify their decisions. Fortunately that doesn't appear to happen routinely on this forum.

 

Once I have made a decision on the path to pursue it probably makes sense for me to consider modelling the actions of a party or parties that have successfully achieved a similar "win".

 

Best of success to the OP on whatever path they choose.

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@CaliBabe85, filing your answer with the Court won't require much time or effort if Midland's complaint is not verified.

If the complaint is not verified, you may file the General Denial form FLD-050 with the Court. You do not have to add any Affirmative Defenses (although some members here do suggest adding some). You can fill in your name for Item #1 (generally denying every allegation) and fill in the case # and courthouse information.

What is important, and takes a little longer, is preparing your Fee Waiver request form FW-001. From the information you have provided, it seems very likely you will qualify, so go for it.

Check the website of the Court in LA to see if they allow or require e-filing of documents. I have been using both e-filing and e-service for my cases, and have found they save time and expense over regular mail. Check out OneLegal.com. Your court website likely has links to additional e-filing service providers as well.

And don't stress over the lawsuit at this point. Filing a General Denial as your Answer along with a Fee Waiver request is very simple and painless. Once they're filed, you can take a deep breath and relax. In California, these cases move very slowly through the Courts.

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I don't know if this helps, but the thing I learned most from my loss is that if you get a judge who is pro plantiff try to get recusal or transfer to a closer court. I consented to have a temporay judge rule on the matter and he drank the kool aid and asked for seconds. You do not have to allow a temp judge to hear a case, you can respectfully refuse and list a valid reason that there are issues in the case which to be fair to both parties have to be ruled on by an elected judge. You should be very respectful when you refuse to consent to the temporary judge and say that your refusal is not for the purposes of delay but because you have a duty to yourself to have the most experienced judge deciding key issues since you are representing yourself.

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These should help make three copies take them to the clerk for time-stamping then send plaintiff a copy with proof of service(your friend or any other adult can put it in the mail)

Seadragon copy of Calawyers famous Bill of Particulars.doc

Long form General Denial.doc

 

Also lets have a short discussion about alternatives to continuing in another thread: maybe this one http://www.creditinfocenter.com/community/topic/323500-alternatives-to-fighting-it-out-in-court-when-sued-for-debt-collection/

Also we must help all new members to see the possibilities and pitfalls equally.

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@CaliBabe85 Rereading your second post, I noticed that you are living in S.F. and the Courthouse is in LA that is improper venue. I would make a motion to dismiss based on improper venue. It has happened before and they are are. S A motion to Quash is proper for lack of jurisdiction. Plus it is a violation of FDCPA to sue in an improper venue as well as the FDBPA.

 

redacted motion to quash.doc

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Original Poster can not send BOP unless I missed something.  Account Stated is the only cause of action stated.

 

As for improper venue I am a bit curious.  Maybe you were and maybe you weren't improperly served.  You mentioned you were served in person-where?  NoCal or SoCal?  Do you perhaps live in L.A. but go to school in San Francisco.   Clarify.

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@CaliBabe85 Rereading your second post, I noticed that you are living in S.F. and the Courthouse is in LA that is improper venue. I would make a motion to dismiss based on improper venue. It has happened before and they are are. S A motion to Quash is proper for lack of jurisdiction. Plus it is a violation of FDCPA to sue in an improper venue as well as the FDBPA.

 

 

 

I'd go one better - I would file suit against Midland and the law firm for filing in the improper venue. You'd be entitled to $2k in statutory damages under the FDCPA and CA Rosethal FDCPA. 

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In regards to the correct county for my courthouse:

I will only be living in San Francisco for another few weeks as I finish up my last semester of school. The "servers" had been trying to locate me for a while...the court documents served to me were dated late February. I happened to be visiting @ my parents home (which is the address I currently carry with the DMV & for all my correspondence) on the Saturday morning on which I was served - what are the odds, right? >:( So upsetting. So I believe that La County would apply? I was only living in SF for the last 16 months of school but will be living in LA as of about two weeks from now.

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Hello again,

 

In the event that I do consider making another settlement offer, what documentation should I request from them before making a payment to them? (Especially if amount settled is less than the amount I was being sued for?).

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its either verified or not verified, a non-verified does not 'become' verified later.

 

there is an easy way to determine, its clear on the original complaint, see here:

 

http://www.avvo.com/legal-answers/how-do-i-know-if-a-complaint-is--verified--in-a-cr-723580.html

 

my money is on the fact its NOT verified due to the fact that its midland and the amount is so low...

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