Cali_SB

Please HELP! Only 3 Days to Respond!!! Being Sued by Midland Funding LLC (California)

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I received a summons, not sure who the person was, by Midland Funding LLC in the county of San Bernardino in California for an unpaid balance of about $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper.
I received the summons on 12/11/18 at nighttime at my home.  I have been trying to figure out my answer, but have been struggling.  Did some research and found the questions below with my responses.

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.)
Jack H. Pogosian / Jonathan Kom
Kristy Gabrielova / Nichol Alan De Guzman
Hyo Jin Julia Jung / Meline Grigoryan
Midland Funding LLC
10601-G Tierrasanta Blvd., #4540
San Diego, CA 92124
3. How much are you being sued for?
About $2,800, plus the cost of the suit, and other relief as the Court may deem just and proper.
4. Who is the original creditor? (if not the Plaintiff)
Synchrony Bank
5. How do you know you are being sued? (You were served, right?)
Served.
6. How were you served? (Mail, In person, Notice on door)
In Person
7. Was the service legal as required by your state?
I think this is asking if I was served legally according to my state. I think so.
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
I haven't really had any correspondence with them, except for them sending me letters.
9. What state and county do you live in?
California, San Bernardino
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
April 2017
11. When did you open the account (looking to establish what card agreement may be applicable)?
April 2016
12. What is the SOL on the debt? To find out:
4 years
13. What is the status of your case? Suit served? Motions filed? 
I will try to find out, but I am assuming 
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, so 1/10/2019.  I only have 3 days. HELP!
17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Exhibit A: Bill of Sale for the Account, Affidavit of Sale (pool of charge-off Accounts), Certificate of Conformity, Electronic data report (my name, account, address,contract date, last payment date, charge off date, balance)
Exhibit B: What I assume to be their bill to me titled: Account Transfer Details from MCM (Midland Credit Management)
Exhibit C : Notice of Legal Placement from MCM
Exhibit E: Last Statement from original account from Synchrony Bank
Exhibit D: Statement showing last payment from Synchrony Bank

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the first thing you should do is file a general denial and answer the complaint before your 30 days are up. it is pretty simple. just fill out this form and serve a copy of it along with a Proof of service, and take a copies of both documents to court and file. 

https://www.courts.ca.gov/documents/pld050.pdf

https://www.courts.ca.gov/documents/pos030.pdf

any questions please ask. 

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A few questions:
Do I try to use arbitration?
What doe s general denial mean? Also, does this denial answer the complaint or is the answer separate?  If not, what should the answer say?
-If I file a general denial, does that mean I cannot use arbitration?

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2 minutes ago, Cali_SB said:

A few questions:
Do I try to use arbitration?
What doe s general denial mean? Also, does this denial answer the complaint or is the answer separate?  If not, what should the answer say?
-If I file a general denial, does that mean I cannot use arbitration?

You would first need to know if the card agreement has an arbitration clause, and what it says. If you don't have a copy of the agreement, you may be able to find (via internet search) a generic Syncrony agreement from the year the alleged account was opened.

A general denial denies the complaint in it's entirety; it's as simple as checking the box in the PLD-050 document that @sadinca linked above.

Unfortunately I don't know anything arbitration, just know that whatever you do, you'll need to get done before the 30 days are up.

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5 minutes ago, Cali_SB said:

A few questions:
Do I try to use arbitration? this will be a personal choice. i know almost nothing about arbitration, but a some california members have gone that route and won their case, there are many of us california members that have gone the trial way and also resulted in victories. 
 

RyanEx beat me to the answer. 

if you decide to go the arbitration way, you will need a copy of the card agreement as ryanex explained. I am not quite sure how you proceed, i think you have to answer the complaint and them Motion to compel arbitration. 

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7 minutes ago, sadinca said:
17 minutes ago, RyanEX said:

You would first need to know if the card agreement has an arbitration clause, and what it says. If you don't have a copy of the agreement, you may be able to find (via internet search) a generic Syncrony agreement from the year the alleged account was opened.

A general denial denies the complaint in it's entirety; it's as simple as checking the box in the PLD-050 document that @sadinca linked above.

Unfortunately I don't know anything arbitration, just know that whatever you do, you'll need to get done before the 30 days are up.

 

Question about the general denial PLD-050 form:
"You MAY use this form for a general denial if:
1. The complaint is not verified; or
2. the complaint is verified and the case is limited civil case (the amount in controversy is $25,000 or less),
    BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection.
(See Code of Civil Procedure sections 85-86, 90-100, 431.30, and 431.40)

So can I use this form? Am I implying first if, that the complaint is not verified?  Again SORRY, new to this.

If I do I fill out the form, what do I put in for section 2 of the form "(DEFENDANT states the following FACTS as separate affirmative defense to plaintiff's complaint (attach additional pages if necessary):"?

 

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31 minutes ago, sadinca said:

" there are many of us california members that have gone the trial way and also resulted in victories."

Are there any recent examples here?

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3 minutes ago, Cali_SB said:

Are there any recent examples here?

There are many examples. @Ryanex is one of them, @HomelessInCalifornia is another one. check the hall of fame threat and you will find them. 

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6 minutes ago, Cali_SB said:

Question about the general denial PLD-050 form:
"You MAY use this form for a general denial if:
1. The complaint is not verified; or
2. the complaint is verified and the case is limited civil case (the amount in controversy is $25,000 or less),
    BUT NOT if the complaint involves a claim for more than $1,000 that has been assigned to a third party for collection.
(See Code of Civil Procedure sections 85-86, 90-100, 431.30, and 431.40) the important thing is bullet 1. the complaint is not verified. in my 5 years here i am yet to see a JDB verify a complaint. most likely your complaint is not verified, correct? if not verified, its ok to use this form. 

So can I use this form? Am I implying first if, that the complaint is not verified?  Again SORRY, new to this.

If I do I fill out the form, what do I put in for section 2 of the form "(DEFENDANT states the following FACTS as separate affirmative defense to plaintiff's complaint (attach additional pages if necessary):"?  you dont have to put anything here, if the alleged debt were any closer to the 4 year statute of limitation i would say state SOL as affirmative defense, but it doesnt appear to be. again, you dont have to put anything here but if you are thinking about going the arbitration way, you may want to add as affirmative defense: 

First Affirmative Defense: Failure to Pursue Alternative Dispute Resolution. 

Defendant reserves the right to amend and or add additional Answer, Defensed and/or Conterclaims at a later date. 



 

 

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After looking over the complaint, it looks like it is not verified.

Final question before I file, does the general denial act as an answer to the complaint or do I have to have a separate answer?

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Your general denial is your answer to the complaint. 

The general denial is the answer. It generally denies all plaintiffs allegations within the complaint.

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