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lindalee

Motion to Dismiss? Midland Funding

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It seems a case was filed against me on 12/13/2015 by Midland through their attorney HUNT & HENRIQUES - JANALIE HENRIQUES.  And an OSC HEARING IS SET FOR 11/28/18. That's almost three years from the filing date. The hearing is to show why sanctions should not be imposed for failure to file proof of service and failure to file default judgment.  I never received the summons and it shows on 12/31/2015 that it was returned not found/no service.  What can I do? I never received the summons. And I live in a different county.  I only knew about this when I went to visit my mom and she gave me this yellow document from a company offering to settle this case. I looked up the case and found this. Can I file a Motion to Dismiss? And how do I? Any help would be appreciated.  

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5 hours ago, lindalee said:

I never received the summons and it shows on 12/31/2015 that it was returned not found/no service.  What can I do?

I would do nothing.  The letter from a BK attorney offering to settle the case has no affect on the case.  If they have not served you it cannot go to trial.  I would watch the case on line and make sure they don't get an alternative service process used.  In the mean time start reading California threads here on what to do.  The CA courts move SO slow that you have plenty of time to study up on how to defeat Midland.  

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I agree, do not file a MTD.  You are in a different county, so that's something else that can work in your favor if they try to proceed.  If you try to MTD now, chances are that the court might even consider you already served.  The purpose of being served is so that you are made aware of the lawsuit against you.  By filing a MTD, you would show that you are aware at least that you were sued.  I would let this play out and see what their next move is, while you study up on CA cases and how to beat Midland.  Midland had a consent order against them by the CFPB, and if I remember correctly that consent order has a lot of details about what Midland is required to provide in the way of sufficient evidence and documentation when suing someone.  Even though that exists, we still see Midland a lot of times not providing what that consent order requires.  You can use that if your case ever gets off the ground and they serve you, but not yet.

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