This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 17:57:41 (UTC).

MIDLAND FUNDING VS. MARIBEL MACIAS

Case Summary

On 01/15/2013 MIDLAND FUNDING filed a Contract - Debt Collection lawsuit against MARIBEL MACIAS. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8951

  • Filing Date:

    01/15/2013

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Debt Collection

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

 

Party Details

Plaintiff

MIDLAND FUNDING LLC

Defendants

MARIBEL MACIAS

MACIAS, MARIBEL

Attorney/Law Firm Details

Plaintiff Attorney

ETSELL, KAREN L

 

Court Documents

Memorandum of costs after judgment acknowledgment of credit.

Memorandum of costs after judgment acknowledgment of credit and declaration of accrued interest $55 Comment and declaration of accrued interest $552.34 cCOSTS 0 CREDIT $1,200.00.

Document.

FILING (12) Comment FILED: RETURN ON ATTACHMENT/EXECUTION FROM LOS ANGELES COUNTY FILED.

Conversion Action.

JUDGMENT Comment SJE: STIPULATED JUDGMENT ENTERED AS FOLLOWS:

Stipulation filed.

STIPULATION Comment STI: (S) STIPULATION FOR ENTRY OF JUDGMENT FILED

Request for Dismissal of Does/Roes on the -WITHOUT prejudice.

REQUEST Comment REQD1: REQUEST FOR DISMISSAL OF DOES/ROES ON THE COMPLAINT OF MIDLAND FUNDING LLC WITHOUT PREJUDICE FILED AND ENTERED.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PSS: PROOF OF SERVICE (SUB-SERVICE) OF SUMMONS AND COMPLAINT OF MIDLAND FUNDING LLC AS TO MARIBEL MACIAS BY SUB-SERVING MIGUEL ANDRADES, CO-RESIDENT. MAILING DATE OF 01/29/13.

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Declaration.

DECLARATION Comment DECL: DECLARATION OF REDUCED FILING FEES PURSUANT TO CAL.BUS.&PROF. CODE 6322 FILED BY MIDLAND FUNDING LLC

Declaration.

DECLARATION (2) Comment DECL: DECLARATION OF VENUE FILED BY MIDLAND FUNDING LLC

Complaint.

COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

 

Docket Entries

  • 08/20/2013
  • Disposition: Judgment; Judgment Type; Judgment; Judgment - Monetary Award; Awarded To: MIDLAND FUNDING LLC; Awarded Against: MACIAS MARIBEL; Amount; Damages: $1,626.71; Pre-Judgment Interest: $140.80; Costs: $181.00; Total: $1948.51; Comment: JUDGMENT ENTERED 08/20/13 JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC FOR MIDLAND FUNDING LLC JUDGMENT ENTERED ON COMPLAINT OF MIDLAND FUNDING LLC AGAINST MARIBEL MACIAS INTEREST IS $140.80. COSTS ARE $181.00. ATTORNEY FEES ARE $0.00. PRINCIPAL IS $1,626.71. TOTAL JUDGMENT $1,948.51.

    Read MoreRead Less
  • 06/14/2017
  • Writ of Execution Issued. Additional Info: Comment to the County of SAN MATEO Issued On: 06/14/2017 Amount: 1325.85

    Read MoreRead Less
  • 06/14/2017
  • View Court Documents
  • Memorandum of costs after judgment acknowledgment of credit. Additional Info: Memorandum of costs after judgment acknowledgment of credit and declaration of accrued interest $55 Comment and declaration of accrued interest $552.34 cCOSTS 0 CREDIT $1,200.00.

    Read MoreRead Less
  • 10/15/2015
  • View Court Documents
  • Document. Additional Info: FILING (12) Comment FILED: RETURN ON ATTACHMENT/EXECUTION FROM LOS ANGELES COUNTY FILED.

    Read MoreRead Less
  • 04/24/2014
  • Conversion Minute. Additional Info: Comment *FEE: 140424-0357-CK 141/ 25.00 PAYMT

    Read MoreRead Less
  • 04/24/2014
  • Writ of Execution Issued. Additional Info: Comment WEM: WRIT OF EXECUTION FOR MONEY ISSUED TO LOS ANGELES COUNTY IN THE AMOUNT OF $1973.51

    Read MoreRead Less
  • 08/20/2013
  • Conversion Minute. Additional Info: Comment TOT1: TOTAL JUDGMENT $1948.51

    Read MoreRead Less
  • 08/20/2013
  • Conversion Minute. Additional Info: Comment PRI: PRINCIPAL IS $1626.71.

    Read MoreRead Less
  • 08/20/2013
  • Conversion Minute. Additional Info: Comment AF: ATTORNEY FEES ARE $0.00.

    Read MoreRead Less
  • 08/20/2013
  • Conversion Minute. Additional Info: Comment COSTS: COSTS ARE $181.00.

    Read MoreRead Less
11 More Docket Entries
  • 01/15/2013
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

    Read MoreRead Less
  • 01/15/2013
  • View Court Documents
  • Declaration. Additional Info: DECLARATION Comment DECL: DECLARATION OF REDUCED FILING FEES PURSUANT TO CAL.BUS.&PROF. CODE 6322 FILED BY MIDLAND FUNDING LLC

    Read MoreRead Less
  • 01/15/2013
  • View Court Documents
  • Declaration. Additional Info: DECLARATION (2) Comment DECL: DECLARATION OF VENUE FILED BY MIDLAND FUNDING LLC

    Read MoreRead Less
  • 01/15/2013
  • Conversion Minute. Additional Info: Comment *FEE: 130115-0394-CK 131/ 181.00 PAYMT

    Read MoreRead Less
  • 01/15/2013
  • View Court Documents
  • Complaint. Additional Info: COMPLAINT Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS.

    Read MoreRead Less
  • 06/14/2017
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 2017-042629-HOJ MIDLAND FUNDING LLC $25.00

    Read MoreRead Less
  • 06/14/2017
  • Financial info for MIDLAND FUNDING LLC : Transaction Assessment $25.00

    Read MoreRead Less
  • 01/15/2013
  • Financial info for MIDLAND FUNDING LLC : Case Payment Receipt # 201301150394 MIDLAND FUNDING LLC $181.00

    Read MoreRead Less
  • 01/15/2013
  • Financial info for MIDLAND FUNDING LLC : Transaction Assessment $181.00

    Read MoreRead Less
  • 01/15/2013
  • Financial: MIDLAND FUNDING LLC; Total Financial Assessment $206.00; Total Payments and Credits $206.00

    Read MoreRead Less

Complaint Information

4. At all times herein mentioned, Defendants, and each of them, were the principals, agents employers, employees, masters, or servants of each of their co-defendants and ratified, adopted o approved the acts or omissions alleged herein, and each defendant, in doing the things alleged, were acting in the course and scope of said authority of such agents, servants, and employees I _>,!. —em e Sy By this compldint, Plaintiff seeks to recover amounts owed by Defendant. The underlying [_; account that is the basxs of this lawsuit is a credit account that Defendant held with creditor CHASE > BANK USA, N.A. account no. XXXXAXXXXXXXX3739 (the “Account”).

6. Prior to filing this complaint, all right, title and interest to the Account were sold and

FITF R

assigned to Plaintiff. Plaintiff owns the Account and stands in the place of the original creditor and is entitled to collect on the Account as if it were the original creditor. To the extent that Plaintiff acts in itg capacity as successor-in-interest to the original creditor or its assigns, references herein to Plaintiff ma include Plaintiff’s predecessor-in-interest.

7. Defendant opened, used, and derived benefit from the Account through Defendant's own use of the Account or by another’s use at Defendant's direction. By using the Account, Defendant expressly agreed or impliedly promised to repay Plaintiff.

8. Before commencement of this action, in those cases where recovery of costs is dependén on notice, Plaintiff informed Defendant in writing that it intended to file this action and that this action would result in a judgment against Defendant that would include court costs allowed by California Code of Civil Procedure § 1033(b)(2).

MIDLAND’S EFFORTS TO RESOLVE THE UNDERLYING OBLIGATION

9. Plaintiff Midland Funding, LLC owns portfolios of consumer receivables, which it attempts to collect. When working with individual consumers, Plaintiff Midland Funding, LLC and its affiliates (collectively, “Midland™) generally attempt to contact consumers like Defendant through severs means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland] pX attempts to assess each consumer’s willingness to pay, through phone calls, letters or other means ;

Midland attempts to exclude consumers from its collection efforts, where Midland believes those >

Midland attempts to exclude consumers from its collection efforts, where Midland believes those > consumers are facing extenuating circumstances or hardships that would prevent them from making an payments. 10. When Midland contacts consumers, it strives to treat consumers with respect, compassion

consumers are facing extenuating circumstances or hardships that would prevent them from making an payments. 10. When Midland contacts consumers, it strives to treat consumers with respect, compassion

and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often|

et e ered ¥ - — T, (A ~ v - — e - —_

.offering -discounts; hardship plans, fifi"d*péyfiiéhi: Ao‘p-idfouxtlé. Midland’s- efforts are aimed at working with

consumers to repay their obligations and to attain financial recovery. Midland strives to engage in

dialogue that is honorable and constructive, and to play a positive role in consumers’ lives.

11. Despite Midland’s efforts to reach consumers and resolve the consumer’s obligations, onl a percentage of consumers choose to engage with. Midland. Those who do are often offered discounts o payment plans that arc intended to suit their needs. Midland would prefer to work with consumers to establish voluntary payment arrangements resulting in the resolution of any underlying obligations.

12. However, the majority of Midland’s consumers ignore calls or letters, and some simpl refuse to repay their obligations despite an apparent ability to do so. When this happens, Midland must decide then whether to pursue collection through legal channels, including litigation like the present action against Defendant. Although the Account is now in litigation, Plaintiff remains willing to exploré a mutually-beneficial solution through voluntary payment arrangements, if possible.

FIRST CAUSE OF ACTION

(Account Stated) 13. Plaintiff realleges and ihco'rporétes by rcfcre;uce thf; foregoing paragraphs. 14. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff i the sum of $1,626.71 on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that Defendant was indebted to Plaintiff.

15. Plaintiff has made demand on Defendant for repayment of the account stated but

FIT F RY FAYXY

Defendant has failed and refused to pay the balance due.

16. As of the date of this complaint, there is due and owing the unpaid the sum of $1,626.71 and additional interest on that amount of $105.60. Interest has accrued and will continue to accrue on the unpaid sum of $1,626.71 at the rate of 10% per annum starting on March 25, 2012.

WHEREFORE, Plaintiff prays for judgment against Defendants as follows: