Soitan

Help with Answer to Midland Funding LLC

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My elderly father just recieved a summons from Midland Funding for Breach of Contract. I want to help him file his Answer but I need help with responding to them. Any help will be much appreciated. Thank you


The first one says.
1. Defendants are a married couple. Acts of individual defendants occurred on behalf of their respective marital communities. If this debt is pre-marital debt, the non-debtor spouse is joined only as a necessary part pursuant to the law affecting community property.

*The thing I don't understand is that the summons is for (fathers name) and J Doe, A married couple.
How I'm I suppose to agree or deny that statement. My mothers name is not on it but I did read that they do that so they can put it on later when they have more info or something like that. My mom and father have been separated for about 15 yrs. They still live together because he's in no shape to live on his own. My mother had no knowledge of this account. Also about 14 yrs ago my father change his last name. I'm writing this because this account is in his new last name and my mother still has my father's orginal last name.

2. This court has subject matter and personal jurisdiction. All pertinent acts and omissions giving rise to this lawsuit occurred in this jurisdiction and/or Defendants are residents of this jurisdiction.

* I think with this answer I will say the first statement is correct. What do I say in my answer pertaining to actions giving rise to this lawsuit?
It's annoying they pick a court 25 mins away , my father can't drive because of age. I read on the summons that I will have to call ahead to make accommodation for him because of his disability. He has dialysis and barely can walk or stand on his own.

3. By accepting and using an offered extension of credit, Defendant(s) entered into a credit agreement with CREDIT ONE BANK, N.A. under account number ending in **** and agreed to the applicable terms and conditions of that credit agreement. Plaintiff is the successor-in-interest ("Holder") of the Debt.

* I don't know how to go about answering this.

4. Defendants are in default under the terms of the Debt. The present amount owed under the terms of the Debt, after all set offs, is $696.45.

* My father said this amount can't be correct. Do I deny this. If so what should I write in my Answer?


 

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.)

 Bursey & Associates, P.C.

3. How much are you being sued for?

 $696.45


4. Who is the original creditor? (if not the Plaintiff)

 Credit One 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)

The server asked my brother if my father lived here and he said yes. She then gave my brother the papers saying father is being served.



7. 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 that I know of. My father has never spoken to Midland Funding.
 


9. What state and county do you live in?

  AZ and Maricopa


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

 May 08, 2017


11. What is the SOL on the debt?

3 yrs

12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or  
 looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

 
I've search with the case # and it does have a lot of info. Just my father's name, judges name, plaintiff name, and lawyers name.

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? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late.
 

No

15. 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? 

20 days

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

 There was nothing but the summons

 

 
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Don't worry about what 'correct' and what isn't. Just deny everything on the grounds that he doesn't have sufficient knowledge and information to admit. 

But that's not the end. He will lose this lawsuit if it stays in court. He's got to use arbitration to make them dismiss it. 

Read the first few posts of this thread to see how it works. 

https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/

 

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