jose c

Happy New Year! I am being sued by Midland Funding LLC and I appreciate your help.

7 posts in this topic

Happy New Year. Dec 31st I was serve,some guy left with my wife a bunch of papers stating I am being sued by Midland Funding LLC. I have read some of the post in these forum,and I will appreciate all the help I can get.I will start by answering your questioner.

 1. Who is the named plaintiff in the suit?

Midland Funding LLC

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

Jack H Pogosian/Jonathan Kom/Kristy Gabrielova/Nichol Alan de Guzman/Hyo Jin Julia Jung/Meline Grigoryan.Midland Funding LLC

3. How much are you being sued for?

$2261.80

4. Who is the original creditor? 

Capital One,N.A..

5. How do you know you are being sued? 

 I was serve a summon from Norwalk Court.

6. How were you served?

Some guy left with my wife a bunch of papers stating I am being sued by Midland Funding LLC The papers did not come in a sealed envelope but rather a paper packet.

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

Yes. However, it did not come in a sealed envelope but rather a paper packet.

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

I only receive collection letters.

9. What state and county do you live in?

California.Los Angeles.

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

No payments made.I originally made the payments online at buypower.com but then they closed the website so I was not able to pay soon after I started to receive collections letters.

11. When did you open the account

September 30,2015.

12. What is the SOL on the debt? 

Time has not expired on the debt for written, open-ended accounts but I did for the oral

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

Suit served. 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No I have not.

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No I have not. Should I do this now after having received my served/summon packet on 12/31/18?

16. 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?

According to the summon I have 30 calendar days to write a written legal form response.

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

Bill of sell,affidavit of sale of account by creditor,certificate of conformity,electronic records provided by Capital one,Midland credit management bill January 26 2018,Capital One bill from July 20 2017,from Nov 23 2017.Notice of Legal Placement November 19 2018,civil case cover sheet Dec 132018.Civil case cover addendum and statement of location.Declaration re: reduction in filing fee,Notice of case assignment-limited civil case DEC 13 2018.order to show cause hearing/trial date DEC 13 2018,and certificate of mailing DEC 13 2018.

18.  How did you find out about this site?

Looked online for Midland Funding LLC suing and well...there were some interesting articles on this site so I decided to sign in.

Again I appreciate all the assistance you can give me.God Bless!

Jose C.

(Here is the New Topic as requested)

Edited by jose c
made corrections and add info.

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Almost a week has passed with no response to my post or new topic?I have 20 days to response,If nobody can't offer any assistance please let me know so I can look for alternative assistance. 

sincerely,

Jose C.

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@RyanEX

@sadinca

Those are some CA members.  Hopefully, they’ll be along to help.  

In the meantime, you can search their posts which are filled with great information.   

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Sounds like you were 'substitute served' (summons left with an adult at your address) - did you receive another copy of the summons in the mail? If yes, you have 40 days from the date the second copy was placed in the mail. Your online case file on your superior court's website may tell you what type of service Midland is claiming.  The most common form used to answer these lawsuits is a General Denial (PLD-050), will just need to confirm that your complaint is not 'verified' (most are not).

This is a good thread that will give you a road map on how to deal with a junk debt buyer like Midland, I recommend you give it a read: https://www.creditinfocenter.com/community/topic/317277-how-i-beat-midland-in-california/

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@RyanEX

Thank you so much for responding to our new poster!  If any of us non-CA posters can help, please let us know.  

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Thanks RyanEX for your response, I did not receive another copy of the summons in the mail,On the Norwalk Court Side the case type is Collections Case - Purchased Debt (Charged Off Consumer Debt Purchased on or after January 1,2014) (Limited Jurisdiction) ( SEE screen shots attached)before I file General Denial (PLD-050)(pardon my ignorance,Do I do it by mail or take it to the court?) How do I confirm that my complaint is not 'verified?

I appreciate your assistance.

norwalk 1.png

norwalk 2.png

norwalk 3.png

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Thanks RyanEX and BV80 for your assistance, I just notice there is a mistake on the Norwalk Court site on the day of the future hearing they wrote 12/19/2019?.Hopefully I will get an answer to my questions soon. 

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