• Report: #353098

Complaint Review: Midland Funding

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  • Submitted: Sat, July 19, 2008
  • Updated: Sat, July 19, 2008

  • Reported By:Danielson Connecticut
Midland Funding
8875 Aero Drive, Suite 200 San Diego, California U.S.A.

Midland Funding bought my Debt fom Aspire Visa and then Sued me in Small Claims Court and then when I went to Court Withdrew their Case !! The Clerk of the Court says, they still can RE-Seu me, if, they want to !! Is this Legal in Connecticut? San Diego California

*Consumer Suggestion: Assignee Cannot Sue In Small Claims Court

*Consumer Comment: Maybe they hope you won't show up next time because they think you might assume

*Consumer Comment: Maybe they hope you won't show up next time because they think you might assume

*Consumer Comment: Maybe they hope you won't show up next time because they think you might assume

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Midland Funding, LLC bought my Debt from Aspire Visa
and thn proceeded to "Sue" me in Small Claims Court !!
When I, went to Court, they dropped their Case and according to the Clerk of the Court, they can "Re-Sue" me if they choose to !! Is this Legal in Connecticut ?

Patrick
Danielson, Connecticut
U.S.A.


This report was posted on Ripoff Report on 07/19/2008 08:05 AM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Funding/San-Diego-California-92123/Midland-Funding-bought-my-Debt-fom-Aspire-Visa-and-then-Sued-me-in-Small-Claims-Court-and-353098. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 4Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Suggestion

Assignee Cannot Sue In Small Claims Court

AUTHOR: David - (U.S.A.)

An assignee cannot Sue in small claims court in California. They can sue you in Superior court. There are some exceptions.

Code of Civil Procedure section 116.420, subdivision (a) forbids the filing or maintaining of a claim in small claims court by the assignee of the claim."

You can review the following case for more info:

Municipal Court for Sacramento Judicial Dist. of Sacramento County v. Superior Court
12 Cal.Rptr.2d 519 Cal.App. 3 Dist.,1992. October 06, 1992


Please review the law.

B. David Mehmet
Law Student, LA
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#2 Consumer Comment

Maybe they hope you won't show up next time because they think you might assume

AUTHOR: Friendly Help - (U.S.A.)

that they will withdraw the case again. Then it is default judgement time!

If they do repeat, consider a countersuit for harassment.
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#3 Consumer Comment

Maybe they hope you won't show up next time because they think you might assume

AUTHOR: Friendly Help - (U.S.A.)

that they will withdraw the case again. Then it is default judgement time!

If they do repeat, consider a countersuit for harassment.
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What's this?

#4 Consumer Comment

Maybe they hope you won't show up next time because they think you might assume

AUTHOR: Friendly Help - (U.S.A.)

that they will withdraw the case again. Then it is default judgement time!

If they do repeat, consider a countersuit for harassment.
Respond to this report!
What's this?
Report & Rebuttal
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