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Showing content with the highest reputation on 11/29/2013 in all areas

  1. You could take BK, but I would make them spend as much as possible, give them hell, and if you win--good job maybe you wont have to take BK. If you lose, take BK as a final slap to their face.
    2 points
  2. My attitude exactly!! If you can take the stress, make them spend as much as possible. In my case, I just keep trying to run up their bills and figure they have somewhere between 2K and 3K invested in my case. For me to think, regardless of the outcome of the lawsuit, (I am trying to win of course), they will never receive any money from me, it makes me smile. You have them on the run, hang in there!
    1 point
  3. @MSWolverine Here is the 2013 updated Michigan Civil Proceedings Judge's Benchbook. This was very useful in our 2 wins. http://courts.mi.gov/education/mji/Publications/Documents/Circuit-Court-Civil.pdf A good overview with links on Michigan dispositive motions (MCR 2.116): http://www.icle.org/modules/books/chapter.aspx?chapter=17&book=2012555670&lib=litigation&sections=2&from=store We went from total panic-induced ineptitude to prevailing on 2 cases with motions for summary disposition. (Then it was on to federal court with 2 FDCPA cases--and the vital representation of
    1 point
  4. 1 point
  5. Here is my Trial Brief also incorporating Target v. Rocha Midland Trial Brief REDACTED.doc
    1 point
  6. Attached is my MIL and declaration i used to beat Midland. It is a combination of ASTMedic's and HomelessinCalifornia's MILs. My case was almost exactly the same as ASTMedic's but this MIL is updated to include Target v. Rocha MIDLAND MIL.zip
    1 point
  7. I hope everyone has a joyous Thanksgiving. Take a day off worrying about Midland trying to dig into your pockets and reflect as you spend your day with friends and family. 'See' you all Friday!
    1 point
  8. I will, shellieh98 still a little mentally exhausted, will detail it out soon and probably write up a thread on the entire experience. Short version - I filed the Trial Brief, the MIL citing Target v. Rocha, and the Dec in Support of MIL about 2 weeks before trial and those simply gutted their case. I showed up to court ready for war in a suit and armed with exhibit binders and a trial binder like @HomelessInCalifornia prescribes. Contract lawyer probed for interest in a settlement, I declined. They offered some dense, 5-page "Mutual Release" - I didn't bother looking at it, still not sure
    1 point
  9. The first question I have is, how are they accepting payments and paying their bills. There is money being transferred to the company somewhere along the way, even if through the a bank clearinghouse to do credit card payments. Sounds like your attorneys did not press hard enough and now you need to. Do your own financial deposition and ask the tough questions yourself. They have to have a bank somewhere unless they are getting payments through Western Union. Even that is attachable if you can figure out where they get the payments from. Otherwise, they have an office someplace. Just show up
    1 point
  10. Add unifund to the list. MIL musta scared them silly. dismissed with prejudice.
    1 point
  11. @Dr Crandall Just to assure you that a motion for default would be probably be denied, here's a ruling from the Iowa Supreme Court: Wilson v. Liberty Mut. Group, 666 NW 2d 163 - Iowa: Supreme Court 2003 "The district court denied Wilson's application based on his failure to send Liberty Mutual's attorney a notice of intent to take a default. See Iowa R. Civ. P. 1.972(3)(b). The court's ruling also rested on the fact that Liberty Mutual filed an answer by the time of the hearing." "The fact that Liberty Mutual's attorney (with whom Wilson had negotiated the settlement) was not served with
    1 point