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Showing content with the highest reputation on 07/02/2013 in all areas

  1. Excellent news to report. For the third and final time, I have defeated the MSJ's that my OC is so excited to send out. And on my birthday too! They specifically requested this date according to the court clerk, what a bunch of low-life dirt bags. Trial is in 7 weeks. They got nuthin'.....
    4 points
  2. I knew it someone that smart could only be a girl/or guy(we do live in California after all). Which has absolutely no bearing on someone's astuteness. Any way back to the fraudulent documents submitted as evidence. Call the State AG and say they forged billing statements also the OTS and CFPB. Rain all those "Allies" on their heads. You might make a motion for sanctions for filing frivolous motions, an issue sanction at a minimum and terminating sanctions for discovery abuse.
    2 points
  3. So if you're just reading this forum for the first time because you Googled "Midland Funding Summons" like I did 9 months ago I'm sure you're freaking out that someone showed up and handed you a summons. Your mind is spinning with all the options you feel you have at this point (and I know first hand that those options seem crappy) but the very last one on your list is "Fight these *expletives*". I'm sure it is the VERY last thing you think you could ever do and the thought of even being successful feels like a long shot at best. Well YOU'RE WRONG!!!!!! It's not as hard as you might think and
    1 point
  4. I would say, "I'm sure millions of people have paid debt buyers money for accounts that they do not legally own. I don't think my past actions and lack of legal knowledge changes the requirements of the plaintiff to obey the law and provide proof proof of assignment. As a junk debt buyer (Yes, I would actually say junk debt buyer) I would think that proof of assignment should be something they could easily provide if they are the legal owners of the debt. (Don't know how long they will let you ramble) They provide no actual service to the community. They simply buy debts. If a stock trader was
    1 point
  5. @FSUgirl07 Here's some more case law for you: It is not necessary at a hearing on summary judgment for the non-moving party to produce evidence to prove its case as it would at trial; available inferences may allow the case to survive a motion for summary judgment. Platel v. Maronda Homes, Inc. of Florida, 423 So.2d 627 (Fla. 5th DCA 1982). Affidavits Florida Rule of Civil Procedure 1.510(e) sets out the requirements that affidavits supporting and opposing motions for summary judgment must be made on personal knowledge, state admissible facts and affirmatively show that the affiant is
    1 point
  6. I rearragned the last paragraph a little. I think this flows better: A motion for summary judgment must be denied if evidence, by affidavit or otherwise, demonstrates that there exists a genuine issue as to any material fact Harvey Bldg., Inc. v. Haley,. 175 So.2d at 782. The Plaintiff claims the Defendant requested and used an alleged credit card through Bank of America which she did not, which Plaintiff has provided no proof of charges on this alleged credit card to dispute Defendant’s claim. In providing a copy of the actual original creditor’s credit card statement through Clout Visa iss
    1 point
  7. It would say bill of sale. The requests Anon gave you are good. The assignment request covers everything although there will be follow ups as they need to at least supply a generic bill of sale we can tear apart. This isn't the OC, right? It's a JDB? A JDB would have to have a bill of sale. You do not have to send the court your discovery requests. This is just me, but I did file the proof of service. Not necessary but it keeps everybody in check in my opinion.
    1 point
  8. Should I do an affidavit for the credit card statement and the facts as I know them to be? if so what should I call it? Defendants Affidavit of Facts?
    1 point
  9. Here is the topic where calawyer told someone who is having trouble like I do, getting the clerk to do her job .Sorry I was pasting alot instead of saving on the website .The links are broken for topics.
    1 point
  10. DEFINITION OF ACCOUNT STATED An account stated is an agreement between the parties who have had previous transactions of a monetary character that all the items of the account representing such transactions, and the balance struck, are correct, together with a promise, express or implied, for the payment of such balance. Griffith v. Geffen & Jacobsen, P.C. 693 S.W.2d 724, 726 (Tex. App.–Dallas 1985, no writ), citing Eastern Dev. & Inv. Corp. v. City of San Antonio, 557 S.W.2d 823, 824-25 (Tex. Civ. App.–San Antonio 1977, writ ref’d n.r.e.). II. ELEMENTS The elements of an account sta
    1 point
  11. Heh, true BTO429, I was more concerned about his name and personal address being up there
    1 point
  12. Tried once and won, never had a 2nd opportunity Danny
    1 point
  13. Recommend that you remove your personal information from the thread and also the Attorney information. It's sufficient to say "An attorney representing MCM in Arizona"
    1 point
  14. @FSUgirl07 This can get you started. "On a motion for summary judgment, the moving party bears the burden to show the nonexistence of any disputed issues of material fact." Landers v. Milton, 370 So.2d 368 (Fla.1979). Upon a motion for summary judgment the non-moving party is entitled to have every inference from the facts made in his favor and against the movant. Harvey Building, Inc. v. Haley, Fla. 1965, 175 So.2d 780. A motion for summary judgment must be denied if evidence, by affidavit or otherwise, demonstrates that there exists a genuine issue as to any material fact. Harvey, 17
    1 point
  15. MTOLBERT I sent you a pm so you can glue and post to your new topic, make sure to answer all the questions and give as much detail without giving out personal information of yourself.
    1 point
  16. First and foremost it is NOT a HIPAA violation to report a medical bill on your credit reports. Despite the fact that there is a "method" of removing them it is in absolutely NO way based in a legal issue of HIPAA. I am not certain it is balance billing either. Balance billing is when your EOB says: Amount billed $5000 Allowable charge: $3000 Insurance Paid: $2500 Patient Responsibility: $500 Then instead of billing you $500 the provider attempts to bill you $2500 based on the total amount they billed not the CONTRACTED amount with your insurance company. Balance billing IS
    1 point
  17. You probably have to give them 5 additional days for mailing (depending on what your rules say). Then the next step is to send them a meet and confer letter telling them to respond to your discovery request in 10 days or you will file a motion to compel discovery with the court. When they do not respond you must follow up and do what you said you would do and file the motion.
    1 point