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Midland Funding suing in AZ. Assistance needed please

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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.)

3. How much are you being sued for? 2300

4. Who is the original creditor? (if not the Plaintiff) Citibank N.A. CC from Sears

5. How do you know you are being sued? (You were served, right?) Was served.

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

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? I believe they attempted to collect the debt for a short period. Their documents state that they purchased the debt in August of this year and filed the summons/complainy with the court on September 18th. I have been receiving calls from a few other accounts that have gone delinquent so I cannot confirm if I ever received a call from Midland specifically.

9. What state and county do you live in? Arizona. Maricopa County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) late 2015

11. What is the SOL on the debt? To find out: I believe 6 years

12. 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). Website shows it as being a new case with no judgement. They have filed a summons and complaint both of which were served on me and I've yet to respond.

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not disputed anything with credit bureaus. I did give midland a call in an attempt to see what their appetite was for a lump sum settlement. This was today. They wanted 1900.

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. I did not.

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? I need to respond by the 17th of this month.

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

- summons

- complaint with 2 accounts

- copy of a CC bill from Sears / Citibank

- bill of sale from Citibank stating that they sold a bulk number of accounts.

- what appears to be a witness letter from the staff of Midland claiming the validity of Midland owning the rights to my particular account. I'm assuming this is because the bill of sale does not explicitly state the sale of my account number to Midland from Citibank?

- a print out of what appears to be an electronic record of my account holding my social, address, amount owed, etc..

Any help would be appreciated. I will submit the details of my complaint shortly. I want to represent myself and send an answer to the complaint. My goal isn't to take it to court but maybe to impress upon Midland that I want to negotiate a lump sum payment of about 25%.


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