Legal Question in Credit and Debt Law in California

You haven't described any procedural mistakes that would be grounds for dismissal of the lawsuit. The issue is whether or not you owed the money to the original creditor. If you do owe the money to the original creditor and Midland is now the proper owner of the debt, then you might not have much of a defense.

The At-Issue Memorandum is to let the court know that the matter is ready for trial and the are requesting a trial date. If granted, the court will notify you of the trial date. If it was actually filed in the wrong case, the court will notify the attorneys for Midland. It is possible that a secretary just switched documents and your At-Issue Memorandum might have been mailed to someone else by mistake.

You should check the court's website or the court's file to see if a trial date has been set.

Mr. Starrett appears not to have read your question carefully. If you got an At Issue memo for another case, all it means is that some secretary or clerk screwed up and put the wrong document in the envelope addressed to you. They probably sent out a lot of At Issue memos at the same time, and put yours in an envelope addressed to someone else. If you think someone's case gets dismissed for a minor error like that, you seriously do not understand the legal system which STRONGLY favors having cases decided based on the evidence, not procedural issues. In fact it is almost always reversible error for a judge to dismiss a case for a procedural error without giving a chance or an order to correct it and the party ignoring that opportunity or order.

What has almost certainly happened is an At Issue memo was filed in your case and the other one on the same day, and you were just served the wrong one. The only solution is to contact the attorney for the other side, point out their error and ask them to correct it.

The more important thing is that the filing of the memo will trigger events at the court and in the case. So Mr. Starrett is definitely correct that you should check the court's website, or if necessary go down to the clerk's office, and find out whether a trial has been set, or a status conference perhaps, or anything else that has happened on the file since the At Issue memo was sent out.