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  • Report:  #353098

Complaint Review: Midland Funding

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

  • Reported By:
    Danielson Connecticut
  • Submitted:
    Sat, July 19, 2008
  • Updated:
    Sat, July 19, 2008
  • Midland Funding
    8875 Aero Drive, Suite 200
    San Diego, California
    U.S.A.
  • Phone:
  • Category:

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.

4 Updates & Rebuttals


David

New York,
New York,
U.S.A.

Assignee Cannot Sue In Small Claims Court

#5Consumer Suggestion

Sat, July 19, 2008

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


Friendly Help

Anderson,
South Carolina,
U.S.A.

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

#5Consumer Comment

Sat, July 19, 2008

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

If they do repeat, consider a countersuit for harassment.


Friendly Help

Anderson,
South Carolina,
U.S.A.

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

#5Consumer Comment

Sat, July 19, 2008

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

If they do repeat, consider a countersuit for harassment.


Friendly Help

Anderson,
South Carolina,
U.S.A.

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

#5Consumer Comment

Sat, July 19, 2008

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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