This case was last updated from San Mateo County Superior Courts on 06/17/2022 at 21:45:39 (UTC).

MIDLAND FUNDING VS MICHAEL DOHERTY

Case Summary

On 06/26/2012 MIDLAND FUNDING filed a Contract - Debt Collection lawsuit against MICHAEL DOHERTY. 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:

    *****4819

  • Filing Date:

    06/26/2012

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Debt Collection

  • County, State:

    San Mateo, California

 

Party Details

Plaintiff

MIDLAND FUNDING LLC

Defendant

DOHERTY, MICHAEL

Attorney/Law Firm Details

Plaintiff Attorney

BROWN, TIMOTHY S

 

Court Documents

Writ of Execution Return.

Writ of Execution Return FINAL RETURN TO COURT WRIT OF EXECUTION FROM COUNTY OF SACRAMENTO (LEVYING Comment FINAL RETURN TO COURT WRIT OF EXECUTION FROM COUNTY OF SACRAMENTO (LEVYING OFFICER'S ACTION STATEMENT)

Acknowledgment of Satisfaction of Judgment.

Acknowledgment of Satisfaction of Judgment Fully Satisfied Comment Fully Satisfied

Writ of Execution Return.

Writ of Execution Return County: SACRAMENTOStatus: UnsatisfiedIssued on: 8/11/2020Amount: 5185.8 Comment County: SACRAMENTO Status: Unsatisfied Issued on: 8/11/2020 Amount: 5,185.84

Memorandum of costs after judgment acknowledgment of credit.

Memorandum of costs after judgment acknowledgment of credit and declaration of accrued interestCos Comment and declaration of accrued interest Costs: 0.00 Credit: 0.00 Interest: 2,088.49

Writ of Execution Return.

Writ of Execution Return Comment County: Sacramento Status: Unsatisfied Issued on: 9/29/2017 Amount: $4397.27

Memorandum of costs after judgment acknowledgment of credit.

Memorandum of costs after judgment acknowledgment of credit INTEREST: 1,229.92, COSTS: 85.00. Comment INTEREST: 1,229.92, COSTS: 85.00.

Memorandum of costs after judgment acknowledgment of credit.

Memorandum of costs after judgment acknowledgment of credit and declaration of accrued interest 826 Comment and declaration of accrued interest 826.95

Judgment by Clerk.

JUDGMENT AFTER DEFAULT BY CLERK ENTERED ON 08/29/13 AS FOLLOWS: Comment JDCL: JUDGMENT AFTER DEFAULT BY CLERK ENTERED ON 08/29/13 AS FOLLOWS:

Document.

AFFIDAVIT IN SUPPORT OF DEFAULT JUDGMENT PURSUANT TO CODE OF CIVIL PROCEDURE 585 FILED. Comment FILED: AFFIDAVIT IN SUPPORT OF DEFAULT JUDGMENT PURSUANT TO CODE OF CIVIL PROCEDURE 585, FILED.

21 More Documents Available

 

Docket Entries

  • 09/28/2021
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  • DocketWrit of Execution Return.; Additional Info: Writ of Execution Return FINAL RETURN TO COURT WRIT OF EXECUTION FROM COUNTY OF SACRAMENTO (LEVYING Comment FINAL RETURN TO COURT WRIT OF EXECUTION FROM COUNTY OF SACRAMENTO (LEVYING OFFICER'S ACTION STATEMENT)

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  • 09/10/2021
  • View Court Documents
  • DocketAcknowledgment of Satisfaction of Judgment.; Additional Info: Acknowledgment of Satisfaction of Judgment Fully Satisfied Comment Fully Satisfied

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  • 04/09/2021
  • FinancialFinancial info for MIDLAND FUNDING LLC; Case Payment Receipt # 2021-013877-HOJ WWOT INC $40.00

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  • 04/09/2021
  • FinancialFinancial info for MIDLAND FUNDING LLC; Transaction Assessment $40.00

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  • 04/09/2021
  • DocketWrit of Execution Issued.; Additional Info: Comment to the County of SACRAMENTO Issued On: 4/9/2021 Amount: 5185.84

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  • 04/09/2021
  • View Court Documents
  • DocketWrit of Execution Return.; Additional Info: Writ of Execution Return County: SACRAMENTOStatus: UnsatisfiedIssued on: 8/11/2020Amount: 5185.8 Comment County: SACRAMENTO Status: Unsatisfied Issued on: 8/11/2020 Amount: 5,185.84

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  • 09/11/2020
  • FinancialFinancial info for MIDLAND FUNDING LLC; Case Payment Receipt # 2020-035353-HOJ MIDLAND FUNDING LLC $40.00

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  • 09/11/2020
  • FinancialFinancial info for MIDLAND FUNDING LLC; Transaction Assessment $40.00

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  • 09/11/2020
  • DocketWrit of Execution Issued.; Additional Info: Comment to the County of SACRAMENTO Issued On: 9/11/2020 Amount: $5185.84

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  • 08/12/2020
  • View Court Documents
  • DocketMemorandum of costs after judgment acknowledgment of credit.; Additional Info: Memorandum of costs after judgment acknowledgment of credit and declaration of accrued interestCos Comment and declaration of accrued interest Costs: 0.00 Credit: 0.00 Interest: 2,088.49

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32 More Docket Entries
  • 06/27/2012
  • DocketConversion Minute.; Additional Info: Comment *VODRE: WRONG AMOUNT

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  • 06/27/2012
  • DocketConversion Minute.; Additional Info: Comment *VODRE: RECEIPT# 120627-0216 VOIDED BY GTOLE FROM PPEDR

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  • 06/26/2012
  • DocketCause Of Action.; Additional Info: Action Complaint File Date 06/26/2012

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  • 06/26/2012
  • DocketNew Filed Case.

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  • 06/26/2012
  • View Court Documents
  • DocketDeclaration.; Additional Info: DECLARATION OF REDUCED FILING FEES-ETC Comment DEC: DECLARATION OF REDUCED FILING FEES-ETC

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  • 06/26/2012
  • View Court Documents
  • DocketDeclaration.; Additional Info: DECLARATION OF VENUE Comment DEC: DECLARATION OF VENUE

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  • 06/26/2012
  • View Court Documents
  • DocketCivil Case Cover Sheet.; Additional Info: CIVIL CASE COVERSHEET RECEIVED Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 06/26/2012
  • View Court Documents
  • DocketSummons Issued / Filed.; Additional Info: SUMMONS ISSUED; 30 DAY Comment S30: SUMMONS ISSUED; 30 DAY

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  • 06/26/2012
  • DocketConversion Minute.; Additional Info: Comment *FEE: 120627-0216-CK 170/ 225.00 PAYMT

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  • 06/26/2012
  • View Court Documents
  • DocketComplaint.; Additional Info: (L) COMPLAINT FILED - PRAYER AMOUNT $10000.00 OR LESS. Comment COM5: (L) COMPLAINT FILED - PRAYER AMOUNT $10,000.00 OR LESS.

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Complaint Information

O 0 3 & n A WO e

—NCP3— > 4 1 = % FILED

David B. Snyder, State Bar No. 183693 SAN MATEO COUNTY

Stelios A. Harris, State Bar No: 242116 JUN-2 ¢ 2012

Timothy S. Brown, State Bar No: 281979

MIDLAND FUNDING LLC Clork ot the §dpedor r Coun

10601-G Tierrasanta Blvd, #4540 BY“"““ IV /

San Diego, CA 92124 ,-Au S

Telephone: (866) 626-5053

Facsimile: (858) 569-5820

Attorneys for Plaintiff,

MIDLAND FUNDING LLC S SUPERIOR COURT FOR THE STATE OF CALIFORNIA / COUNTY OF SAN MATEO SAN MATEO COUNTY COURTHOUSE-CIVIL DIVW 5 14 8 1 9

MIDLAND FUNDING LLC ) Case No. ) Plaintiff, ) COMPLAINT FOR: ) V. ) (1) Account Stated ) MICHAEL DOHERTY; ) and DOES 1 through 10, inclusive, ) PRAYER AMT: $2,262.35

) LIMITED CIVIL CASE

Defendants. ) ) )

1. Plaintiff, MIDLAND FUNDING LLC (“Plaintiff”), is a limited liability company qualified to do business in California.

2. This court is the proper court because Plaintiff is informed and believes that Defendant MICHAEL DOHERTY (hereafter “Defendant”), is a resident of the County of San Mateo, State of California.

3. Plaintiff is unaware of the true names and capacities of Defendants sued by the fictitious names DOES 1 through 10; however, P]aintifff is informed and believes that each DOE defendant is responsible for the indebtedness herein alleged. Plaintiff will ask leave of court to amend this complaint as and when the true names and capacities of Defendants named herein as DOES 1 through 10 have been ascertained.

4, At all times herein mentioned, Defendants, and each of them, were the principals, agents

4, At all times herein mentioned, Defendants, and each of them, were the principals, agents W 00 ~J O Wnv A W N

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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.

5. By this complaint, Plaintiff seeks to recover amounts owed by Defendant. The underlying account that is the basis of this lawsuit is a credit account that Defendant held with creditor CITIBAN (SOUTH DAKOTA), N.A. account no. XXXXXXXXXXX6732 (the “Account”).

6. Prior to filing this complaint, all right, title and interest to the Account were sold and 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 its 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 o 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 dependent on notice, Plaintiff informed Defendant in writing that it intended to file this action and that this actio 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 if 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 severa means, all in an effort to establish contact and to resolve the underlying obligation. In doing so, Midland 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 consumers are facing exte‘nuating circumstances or hardships that would prevent them from making an

payments.

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10. When Midland contacts consumers, it strives to treat consumers with respect, compassio and integrity. Midland works with consumers in an effort to find mutually-beneficial solutions, often offering discounts, hardship plans, and payment options. 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 are intended to suit their needs. Midland would prefer to work with consumers tc 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 explore a mutually-beneficial solution through voluntary payment arrangements, if possible.

FIRST CAUSE OF ACTION

(Account Stated)

13. Plaintiff realleges and incorporates by reference the foregoing paragraphs.

14. Within the last four (4) years, Defendant became indebted on the Account to Plaintiff i the sum of $2,262.35 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 buf 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 $2,262.35 and additional interest on that amount of $444.69. Interest has accrued and will continue to accrue on the unpaid sum of $2,262.35 at the rate of 10% per annum starting on May 17, 2010.

WHEREFORE, Plaintiff prays for judgment against Defendants as follows:

On the First Cause of Action:

1. For the unpaid balance of $2,262.35;

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