Hello Everyone,
I am being sued by Midland Funding / Hunt & Henriques. I was informed by my father in law as they left the summons with him. (They first tried my parents home, which I havn't lived there for like 4 years, then lived with the father in law for a couple years). They gave him the summons 2/7/19 (Filing date 12/28/2018).
A little backstory, opened up an account with Comenity Capital Bank in 2014. Used credits and I was paying it off, but unfortunately fell on some hard times and was unable to continue paying. I currently do not have the funds to pay them (working full time, but also supporting my wife who is a stay at home mom and 2 kids, while also paying for mostly everything to support them). Any help and/or advice would be most appreciated. Thank you.
This is what i found searching using my Case No.:
MIDLAND FUNDING LLC VS (deleted to protect my privacy)
Filing Date: 12/28/2018
Case Type: Collections Case - Purchased Debt (Charged Off Consumer Debt Purchased on or after January 1,2014) (Limited Jurisdiction)
Status: Pending
01/03/2020 at 08:30 AM in Department A at 12720 Norwalk Blvd., Norwalk, CA 90650
Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740
Parties
Plaintiff: MIDLAND FUNDING LLC
Defendant: (deleted to protect my privacy)
Attorney for Plaintiff: JACOBSEN DEVIN
02/13/2019 Proof of Service by Substituted Service; Filed by: Midland Funding LLC (Plaintiff); As to: (deleted to protect my privacy) (Defendant); Proof of Mailing Date: 02/08/2019; Service Cost: 59.50; Service Cost Waived: No
02/13/2019 Declaration re: Due Diligence; Filed by: Midland Funding LLC (Plaintiff); As to: (deleted to protect my privacy) (Defendant)
02/13/2019 Declaration of Mailing; Filed by: Midland Funding LLC (Plaintiff)
01/09/2019 Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 01/03/2020 at 08:30 AM in Norwalk Courthouse at Department A
01/09/2019 Case assigned to Hon. Sheryl M. Beasley in Department A Norwalk Courthouse
12/28/2018 Complaint; Filed by: Midland Funding LLC (Plaintiff); As to: (deleted to protect my privacy) (Defendant)
12/28/2018 Civil Case Cover Sheet; Filed by: Midland Funding LLC (Plaintiff); As to: (deleted to protect my privacy) (Defendant)
12/28/2018 Summons on Complaint; Issued and Filed by: Midland Funding LLC (Plaintiff); As to: (deleted to protect my privacy) (Defendant)
12/28/2018 Declaration in Support of Bus. & Prof. Code 6322.1(c)(1); Filed by: Midland Funding LLC (Plaintiff); As to: (deleted to protect my privacy) (Defendant)
12/28/2018 Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk
12/28/2018 Notice of Case Assignment - Limited Civil Case; Filed by: Clerk
12/28/2018 The case is placed in special status of: Collections Case (CCP 3.740)
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1. Who is the named plaintiff in the suit?
MIDLAND FUNDING LCC
2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)
Hunt & Henriques
3. How much are you being sued for?
$2,242.68
4. Who is the original creditor? (if not the Plaintiff)
COMENITY CAPITAL BANK
5. How do you know you are being sued? (You were served, right?)
Served (Handed to my father in law 2/7/19)
8. What was your correspondence (if any) with the people suing you before you think you were being sued?
-No contact with them, just that I received a letter saying intent to sue.
9. What state and county do you live in?
California, Anaheim.
10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)
Says in the summons: Date of last payment on the credit account was on or about October 26, 2016
11. When did you open the account? (looking to see which agreement/contract may be applied)
I think either 10/2014, 11/2014 or 12/2014. Not sure.
13. What is the SOL on the debt? To find out:
Not sure what this means, but from what I can guess… 3-4 Years in CA??
14. What is the status of your case?
Filing Date: 12/28/2018
Case Type: Collections Case - Purchased Debt (Charged Off Consumer Debt Purchased on or after January 1,2014) (Limited Jurisdiction)
Status: Pending
15. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
No
16. Did you request debt validation before the suit was filed?
No
17. How long do you have to respond to the suit?
30 days (Feb 7, 2019)
18. We need to know what the "charges" are. Please post what they are claiming.Common counts,account stated,breach of contract,claims of debt for goods sold and delivered,for work performed,for money loaned or advanced,for money paid and repayment is due,for money received on behalf of the plaintiff,money due on an account stated or on an open book account, indebitatus assumpsit, quantum meruit,quantum valebant,unjust enrichment
Collections Case - Purchased Debt (Charged Off Consumer Debt Purchased on or after January 1,2014) (Limited Jurisdiction)
19. Is the complaint "verified"? A verified complaint is one in which the last page it has a declaration from someone stating that the information and allegations are true and correct under penalty of perjury.
I’m not sure
20. Did you receive discovery or interrogatory or Admissions (questionnaire) regarding the lawsuit?
No, I don’t think so.
21. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.
Exhibit A: True and correct copt of the most recent monthly statement recording a purchase, payment, or balance transfer prior to charge off.
Exhibit B: True and correct copy of billing statement showing the balance due and owing of $3,659.62.
Thank you in advanced to anyone who replies/offers advice.