1. Who is the named plaintiff in the suit?
Midland Funding LLC
2. What is the name of the law firm handling the suit?
There’s actually 5 attorney names listed at the top but Civil Cover sheet has Attorney Hyo Jin Julia Jung State Bar No. 316090
3. How much are you being sued for?
5k
3. Who is the original creditor?
Synchrony (formerly know as GE Capital Retail Bank)
4. How do you know you are being sued?
Personally served
5. How were you served? Personally served
6. 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.
9. What state and county do you live in? CA
10. When is the last time you paid on this account?
No payments made on acct.
11. When did you open the account?
I never opened account. Someone that was renting my house opened the account and I just recently found out about it when I moved back into my home. I had some personal tax records stored in my storage on the property and I truly believe it was my former tenants may have stolen my identity because after getting served with this, I started getting credit denial letters sent to my house and I had never applied for any credit using my current address. I haven't applied for credit in over 3 years.
12. What is the SOL on the debt? 4 years
13. What is the status of your case? Suit served? Motions filed?
Served on 12/22/17
Response is due by 1/22/18 (need help with response).
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
17. What evidence did they send with the summons?
1) A copy of the Bill of sale between Midland Funding & Syncrony
2) Purchase Price Reconciliation/Funding Instructions (everything on this page is blacked out expect for the dates of transfer. Nothing indicating what accts were transferred).
3) Midland Credit Management Bill 3/4/17 & 10/30/17
4) Synchrony Bill 1/26/16 & 7/26/16
5) Declaration pursuant to CCP Section 395 (b); venue of personal, family or household obligations
With my crazy work schedule and I commute for work, I am thinking about hiring an attorney to fight this case for me. However, because of financial reasons, I will to have file my Answer on my own (to meet time lines) and then hire an attorney next month to take over.
I am working on my Answer. I was thinking of using the general denial (CA judicial Council form PLD-050) instead of using PLD-010.
I am not sure if this is the correct form as I read recently in the forum that the general denial can only be used if the debt wasn’t verified. Is this correct? If so, how do I know if it were verified? This is the first contact I’ve had with this creditor.
Do I just admit my name, and the deny everything else?
Any help would be greatly appreciated.