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  1. 3 points
    This is astounding! When this thread started, I was certain they had obtained a default judgment. Once again, The Cheez comes through!
  2. 3 points
    I would at the very least call the clerks office tomorrow and verify if the case is dismissed and the hearing is removed from the calendar. If so, then no need to go it. If there is any question about it at all, then I would still go in just to be sure.
  3. 2 points
    OP was asked by me if she had any interest in having a discussion to possibly clear up any misunderstandings, and her response was to insult the message board. Also, as others have pointed out, the content she has created on her own website is consistent with what is being percieved in her posts here. And then when you take a look at the things she has said in her previous threads on this board, the totality of evidence pretty much rules out any possibility that this is a case of misunderstanding. Of course, OP is more than welcome to correct anyone that she feels misjudged her, but that requires a meaningful dialogue, which she has thus far refused. Going forward, let's keep the tone of the posts here respectful and inviting, in the event OP does want to rejoin the conversation.
  4. 2 points
    So this is where I took up issue with the judges order. He put a contingency for what would happen if consumer didn't file the arb, but did not put a contingency for what would happen if Midland didn't go into arb. Technically, the judge can't force a party to go to arb. While the judge can compel the parties to arbitrate, there is nothing stopping a party from not proceeding with arbitration than forfeiting any rights they may have had with respect to the court case. That's why contingencies are put in place. So here, consumer is directed to initiate arb, and if she doesn't court case can be restored. But I am not sure what the remedy is if Midland doesn't follow. Obviously, once consumer initiates Midland will not be open to successfully reopen the case before this judge. We would just file proof we complied with the judges order. But there is nothing stopping Midland from filing another case in court since this dismissal was without prejudice. Yes, the same arguments would be made again and we'd be right back at square one... but that theoretically could happen.
  5. 2 points
    I'm following up to let people know how this ended, because there are so many posts that don't tell the conclusion. Apparently, just being a pain in the butt and actually showing up to every court date CAN still work. That's all I did. Then 3 days before the trial date, the attorney filed a motion for continuance, which the judge denied. I suspected at that point that they really didn't want to show up for trial, and I was right. Nobody showed up. 09/17/2019 Dismiss by Ct w/o Prejudice CAUSE DISMISSED BY COURT WITHOUT PREJUDICE IN OPEN COURT So this probably wouldn't work for a larger alleged debt, or in a big city jurisdiction where there are more people pushing it all the way to trial. But if the amount isn't that large, and you live in a rural area with nearly every defendant being a no show default judgment, don't give them the easy way out. Show up to court. Also if you're like me and not confident in your ability to create court documents, like MTC Arbitration, don't just roll over and avoid the issue. Keep showing up to every court date. Now, I might look into how to get this changed to "dismissed with prejudice", but for now I'm just going to say Cheers!
  6. 2 points
    Right - we all know I'm the one working for Midland - Harry just moved to Unifund.
  7. 2 points
    Well, I haven't been an attorney long. But I have never seen any debt buyer in NY doing field trips to OC to get acquainted with their business practices. That would present interesting legal issues to litigate though. In the case law I've read, it is pretty clear that only having custodian testimony, without more, is not enough in NY. I know a collection attorney who represented a medical JDB. He told me the JDB and the medical provider had an agreement that the medical provider would be available to provide affidavits for motions and show up at court appearances to testify. I have NEVER seen that among the consumer credit plaintiff's and JDB's. I've handled about 5 JDB cases now. When I have pressed them for names and addresses of witnesses to appear at trial; and have taken discovery seriously; they have all folded. They know they can't prove their cases and go for the low hanging fruit. I've gotten three dismissed via agreement, one was for a sum of $33,000. And today I got one dismissed via a judges order where the judge denied a JDB summary judgment and granted the cross-motion to compel arbitration.
  8. 1 point
  9. 1 point
    I didn't say you were scammed. I said that some of these debt consolidation firms are scams. I also said that MOST of the time, you can work out a deal on your own, working with the hardship program, as you can with one of these companies. There are exceptions. Bank of America refused to work with me, and told me they would ONLY work with a debt consolidation place. They recommended a non-profit. In the end, I handled it myself in a very hardball fashion, which worked because in those days BoA had terrible records and could not actually prove I owed them money. I said SOME of these places are scams. I also said that on this board use of debt consolidation places is discouraged. We have seen some horror stories of people who were scammed. It appears you were probably not scammed. Good for you. I have no idea what your contract with NDR says; whether or not the contract can easily be broken, and if you could just settle for the rest of the money. If you are stuck paying the money to NDR no matter what, there is not much you can do. It appears you have talked to different people at NDR who have given you conflicting information. What you need to do is see what is really going on. 1. Check you contract with NDR. Can it be broken without a penalty? 2. If you need the permission or aid of NDR is settling debts, make sure you find a person who really has decision making power. Sometimes it is the third or fourth person you talk to. That is just the way you have to deal with customer service for just about any company. Get passed along until you find either someone who has the decision making power, or else is sitting right by a manager who has that power. That's how I dealt with my last dispute with my phone company, for example. One guy tells me he can't fix my problem, so I get transferred until I found the person who could.
  10. 1 point
    good to know;) I like the word slim here @Brotherskeeper
  11. 1 point
    Thank you everyone to weighing in really appreciate it. @SJULawAlum @Brotherskeeper @fisthardcheese seems like a bit of a roundabout. STILL SO THRILLED THIER SMJ was denied and our mtc for arb granted. I guess I shall just plug away with filing JAMS and hope they don't sue me again sigh or find a rabbit hole loop to leverage them somehow:) onwards!
  12. 1 point
    Whenever I witness someone being piled on, my instinct is to apply the principle of charity to their words and actions. I'll often find that there was some failure in communication. Either the person being censured did not communicate well, or their communications were not understood as intended.
  13. 1 point
  14. 1 point
    Anyone is free to post anything here that is appropriate, whether i like it or not. To my knowledge, OP has not tried to post anything since her posting status was changed to moderated. If she had, and if it was appropriate, it would have been approved. Incidentally, one of the admins said he would have banned OP, so I guess I'm a softie.
  15. 1 point
    That means it has been sent to the Sheriff or process servers for service on you. It is not uncommon for the bankruptcy letters offering representation to arrive before someone gets served. If you are not served prior to this date then it will be rescheduled. This happens sometimes too. You are being sued by an original creditor. The defenses you read about here apply to JDBs. Cap1 is one of the top 5 OCs to sue and is not just going to go away. Adding to the issue is that Cap1 removed arbitration as an option almost a decade ago so you will need to either defend the suit, settle or file BK.
  16. 1 point
  17. 1 point
    Yes. Make sure you do not use a cut and paste only model. Tailor it very specifically to your case. Make sure to include that the basis is the Plaintiff failed to respond to discovery and therefore their answers are deemed admitted. See if there is some case law to support it in the OH courts as well. Then get it filed.
  18. 1 point
    She is long gone because we already know that she has her number. This is another ColtFan scenario waiting to happen.
  19. 1 point
    We have some samples of answering Cavalry discovery request around here. What firm is representing them? (Mandarich, etc)
  20. 1 point
    What do you consider to be a “consumer rights forum”? I’d really like to know your answer. Your comment about @Harry Seaward is uncalled for, out of line, and unjustified. We moderators do not own this site and have no control over those who are allowed to advertise. Just an FYI, this site allows advertisers rather than relying on donations from posters. Now, please inform me of your definition of a “consumer rights forum”.
  21. 1 point
    He called it a consent judgement, though? Have you gotten anything in writing yet? What was the judge's order in the end? Calling it a consent judgement sounds fishy to me.
  22. 1 point
    This is just an option. It is what I would do personally. However you can also just accept the dismissal and be done with it too.
  23. 1 point
    The problem is, there are too many scams out there, especially from bottom feeder debt collection companies who break the law on a daily basis. I have received too many of those calls for other persons to know that this exists. I would not set up an appointment with someone who claims to be a process server over the phone, regardless of the reason. I know here, the process servers just show up at your door, regardless of the reason you are being served. I know that because I was served with a subpoena from the DA's office as the witness to a criminal case going to trial many years ago. I am not saying that you are a crook yourself and if you are not involved in collection activities, there should be a carve out. However, you have to understand that people are being scammed all of the time. There are articles in various Buffalo NY news media organizations of people either being arrested or convicted for claiming they are process servers to collect on debts that are not owed.
  24. 1 point
    I would suggest editing this to remove your name and address, and anything else that could identify you.
  25. 1 point
    Take his name off the bank accounts. If you need one to deposit a disability check for him set it up apart from yours. His disability cannot be levied legally. If he is not on your accounts then they cannot empty out your money.
  26. 1 point
  27. 1 point
    You won't file it with the court. Yes, definitely use a proof of service & make copies of it and the CCP 96 request for your records. And mail it with delivery confirmation/certified mail. Take care to mail it within the proper time frame, between 30 to 45 calendar days from trial.
  28. 1 point
    Congratulations! 👍 Thank you so much for informing us of the outcome. That’s a benefit to other consumers who come to this site.
  29. 1 point
    This is a scam. They say County Processing to scare you. Process servers do not call before serving papers. They just show up.
  30. 1 point
    I am still around but don’t get on here as much. Yes you need to find out how service was made. Often I find that someone you were living with may have been served and may have not told you or people forget if it was a while ago. If service is valid then you have limited options. First things is file for a claim of exemption if you have kids or pay 51% of another person’s living expenses. You have to do this quickly as there are time limits. You will have to attend a hearing and prove that you are head of family and your wages were in the bank account to get your money back. The other thing is that you could possibly talk to the creditor’s attorney and settle the debt, however if the judgment is a few years old it may have ballooned to a large amount compared to original debt due to interest. Last thing is you can file bankruptcy but not as likely to get your money back if they already got it. And would only do that as last resort if you have other debts you’ve been sued for or are in danger of getting sued for. Florida has had some unfavorable case law the last few years that favor creditors so it’s gotten harder to fight these cases and the JDBs are not giving up as easily anymore.
  31. 1 point
    Hi MouseRabbit, I hope all is well! Have you still heard nothing since you responded to their requests? Is your case still in "Pending" status? Thank you, we're in the same boat with Cavalry/Mandarich in Cali, our initial Answer is due today!
  32. 1 point
    Doesn't matter how long they had the summons. The day they served you starts the clock ticking on the count down to file an answer.
  33. 1 point
    The Sample MTC is one that had been used on the board for a while before I put the detailed article together and it initially had "Motion to Compel and Stay" in the heading but the prayer for relief had "dismiss or in the alternative stay". I didn't catch this discrepancy when I made the post and just updated it to make it consistent and removed the "dismiss" from the prayer for relief.
  34. 1 point
    Just to let you all know about my experience. I pretty much did step-by-step what ASTMedic said to do. My trial with Midland was scheduled for next week. I was ready and prepared for it with all the help and tips provided with his experience with Midland. Midland sent a request for Dismissal-no ADR yesterday. I called the courthouse to confirm and the trial was vacated. Victory! I feel like I won the lottery. All thanks to you, ASTMedic!! Thanks so much for documenting your experience with Midland. It really helped me when I didn't even know how to begin or what to do. To everyone else going through this, you can do it too! Don't give up. It is alot of work. Alot of reading and research on the internet. Just watch your timeline to make sure things get sent in a timely manner. Good luck ! Thanks to everyone giving their input and advice on this forum. It helped me so much to know I could come here and get the answers and information I needed.