JW200 Posted February 25, 2019 Report Share Posted February 25, 2019 I originally submitted a question but did not get any feedback, I have since filed my answer with the court (General Denial "stating "Lack of Subject Matter Jurisdiction-The underlying contract contains a private arbitration clause which the Defendant has elected to exercise, Therefore, This Court does not have jurisdiction to hear this matter".) and have received new paperwork (Request for Admissions, Request for Production of Documents and Special Interrogatories). Can anyone help with the new paperwork? Do i need to respond to the latest request from Midland or do i ignore? I have not filed my MTC yet but should later this week. from original post: The Summons contained: Complaint for: 1. Account Stated 2. Open Book Account Demand $2,445.61 with Exhibits A & B Declaration in Support of Reduced Filing Fee Declaration of Venue Here is my list of answers to the general questions: 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? Mandarich Law Group, LLP 3. How much are you being sued for? $2,445.61 4. Who is the original creditor? Care Credit, Synchrony Bank 5. How do you know you are being sued? Served summons and complaint on 12/15 and mailed a copy received 1/4/19 6. How were you served? Handed to my husband and mailed after 7. Was the service legal as required by your state? Not sure 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Received letters, but did not respond 9. What state and county do you live in? California, Sacramento County 10. When is the last time you paid on this account? 12/6/2016 11. What is the SOL on the debt? 4 years 12. What is the status of your case? Suit served, will be filing an answer on 1/7/19 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? NO 15. How long do you have to respond to the suit? 30 days from being served 16. What evidence did they send with the summons? EXHIBIT A - Account Statement for the month of 12/2016 and 6/9/2017 new.pdf Quote Link to comment Share on other sites More sharing options...
RyanEX Posted February 26, 2019 Report Share Posted February 26, 2019 JDBs tend to use the same discovery requests over & over & over... I still have mine from Midland so I'll compare to yours, should be similar. The date of service on these requests was Feb 11, so you need to place your response in the mail by March 18 (30 days + 5 days because it was mailed to you). Plenty of time. Quote Link to comment Share on other sites More sharing options...
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