BCali

(California)Midland Funding LLC suing me for debt purchased from Syncnrony Bank

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My head is spinning with trying to understand law. 

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. It just has a list of lawyers and address. No law firm listed. 

3. How much are you being sued for?

$2102.70

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 the 26th of December 

6. How were you served? (Mail, In person, Notice on door)

In Person 

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

Process Service Requirements by State - Summons Complaint

I think so. Other than he came across as intimidating to my roommate because he snuck up behind him and wasn't wearing a mask and didn't maintain 6ft. I'm not sure if I can make a case of this?

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

I've never heard of them and have never seen any mail from them. I've unfortunately been Couch surfing since 2017. They found me at my new place I finally settled in at. I just started renting with a friend. What a nice house warming gift. 

9. What state and county do you live in?

CA

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

July 23, 2017 

11. When did you open the account (looking to establish what card agreement may be applicable)?

2015

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? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Served by Plaintiff. I responded with answers denying everything. I added affirmative defenses for Statue of Limitations, improper service, and failure to mitigate damages. I'm currently requesting documents for discovery purposes, but I don't want to ask for too many specific things because I fear they can dig up more if I ask for too much?  Should I send demand for Bill of Particulars?  Case management meeting is set for July 8, 2021. 

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

I comtqdt trans union to dispute it two weeks after service.

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 wasn't  aware Midland Funding at of it all. I have proof of address changes from couch surfing and getting mail delivered to other places

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?

I am filling out case management paper work and working on discovery. I didn't recieve a questionnaire.

The plaintiff claims the own my debt and bought it from synchrony. They claim they attempted to contact me and I refused to respond. The amount they claim I owed at time of default of August 17th, 2017  is 2140.00. They are asking for 2102.70 and lawyer fees if they win. 

 

I had all my mail forwarded to a new address as of March 18, 2018.   The address they have listed on the claim is the address I had all mail forwarded from to a new address.  My drivers license was still to my ex wife's house and she could've given me the mail from there and always did. I also have lived where I currently live for a year. I had all mail forwarded here starting in January of 2020 and I updated my address with the dmv. Statute of limitation would run out this year. 

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

They sent a bill of sale from Synchrony stating they sold Midland Funding   “a pool of debts” on April 22, 2018, affidavits for that sale and credit card statements near the time of charge off. And they provided a document that says Field Data at the top. The last four of my account number is there, last known address, last payment, the amount I owe, etc. 

 

18.  How did you find out about this site?

Google searches 

 

I appreciate any advice.  I have some random questions too. When mailing discovery do I have to follow proof of service protocol: have someone else mail documents and fill out the POS040 and file it with the court? Should I ask for bill of particulars? What other discovery methods should I consider? Should I pursue settlement?  Do process servers have to follow rules during a pandemic? 

Thanks 

B, California 

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