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Meow209

Sued by Midland Funding in California

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1.    Who is the named plaintiff in the suit?

Midland Funding LLC

2.    What is the name of the law firm handling the suit?

There’s actually 5 attorney names listed at the top but Civil Cover sheet has Attorney Hyo Jin Julia Jung State Bar No. 316090

3. How much are you being sued for?

5k

3.    Who is the original creditor?

Synchrony (formerly know as GE Capital Retail Bank)

4.    How do you know you are being sued?

Personally served

5.    How were you served? Personally served

6.    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? None.

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

10. When is the last time you paid on this account?

No payments made on acct.

11. When did you open the account?

I never opened account. Someone that was renting my house opened the account and I just recently found out about it when I moved back into my home. I had some personal tax records stored in my storage on the property and I truly believe it was my former tenants may have stolen my identity because after getting served with this, I started getting credit denial letters sent to my house and I had never applied for any credit using my current address.  I haven't applied for credit in over 3 years.  

12. What is the SOL on the debt? 4 years

 13. What is the status of your case? Suit served? Motions filed?

Served on 12/22/17

Response is due by 1/22/18 (need help with response).

 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)  No.

 15. Did you request debt validation before the suit was filed? No.

 16. How long do you have to respond to the suit? 30 days

 17. What evidence did they send with the summons?

         1)    A copy of the Bill of sale between Midland Funding & Syncrony

         2)     Purchase Price Reconciliation/Funding Instructions (everything on this page is blacked out expect for the dates of transfer.  Nothing     indicating what accts were transferred).

         3)      Midland Credit Management Bill 3/4/17 & 10/30/17

         4)      Synchrony Bill 1/26/16 & 7/26/16

         5)     Declaration pursuant to CCP Section 395 (b); venue of personal, family or household obligations

        

With my crazy work schedule and I commute for work, I am thinking about hiring an attorney to fight this case for me.  However, because of financial reasons, I will to have file my Answer on my own (to meet time lines) and then hire an attorney next month to take over. 

I am working on my Answer and need a little guidance.  I gather from all the reading I've done that I can only use the General Denial form if the damage amount is under $1,000 correct?

What does it mean the someone asked "is the debt verified?"I

Any help would be greatly appreciated.

 

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First and foremost go-to the FTC website and search for identity theft. There should be a big packet you can download. In there will be some template forms you can fill out. Fill them out and bring them to the local police department along with any information you may have about the possible suspects.  Once you file the complaint the police will generate a report. Then contact an attorney to help with the court matter. With the complaint from the police and the additional affidavits in the FTC identity theft packet that should be able to grant you some time with the court case.  Now bear in mind it will take time however I think that will be the best course of action to get this resolved.

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On 1/9/2018 at 3:27 AM, Meow209 said:

I am working on my Answer and need a little guidance.  I gather from all the reading I've done that I can only use the General Denial form if the damage amount is under $1,000 correct?

I don't know what a "General Denial" form is, but you need to properly answer the Plaintiff's assertions and plead all relevant Affirmative and Absolute Defenses. Failure to do so may preclude you from raising those Defenses later. 

I would suggest that you file an Affidavit with your Answer stating the basic facts of the identity theft, to preclude the possibility of the Plaintiff filing a motion to dismiss your defense.

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If this is really ID Theft, then follow advice above about getting a police report, etc.

From Midland's consumer bill-of-rights:

"We cease collection activities when a consumer’s account is proven to be the result of identity theft, and instruct credit reporting agencies to delete any references we have reported for the account from the consumer’s credit reports."

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