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Showing content with the highest reputation since 07/17/2006 in Posts

  1. 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
    28 points
  2. Arbitration Overview Arbitration is a clause that is found in most Credit Card Agreements. Your Card Agreement will state that you may use either AAA or JAMS as the arbitration firm. The Card Agreement may also state something about who pays for arbitration. It may say that "they" (the OC or JDB) will pay all of your filing fees. This means arbitration will cost you a grand total of $0, while the creditor will be billed a minimum of $5,000 to complete an arbitration (and many times that price can climb much higher). However, even if your arbitration clause is silent on costs, the rul
    18 points
  3. First court date over an out of SOL debt with a jdb. I asked for his atty assignment contract which they did not provide. Course they sent a few other things I asked for but they amounted to squat. I was prepared for a long debate over the SOL on this, my whole case was going to start with that and move to their complaint if the court said it was within SOL. The atty for the Plaintiff was very young maybe in his twenties. He approached me in the hall and asked if I was going to settle before court and that he had plenty of evidence against me, You think he scared me. I said tell it to the
    15 points
  4. Enjoy: http://caselaw.findlaw.com/ca-superior-court/1632471.html Big shout out for Fred Schwinn, a tireless, excellent, debt collection defense attorney.
    14 points
  5. Upon the occasion of my 4000th post I want to reflect on the great advice and discussion which has made CIC a great part of my everyday life. With the help of the greatest of human beings, I have become fearless of legal proceedings, and have gained power of self realization that no one will be able to use the law to scare me into submission. It is the forum as a whole who have not only helped me in my times of need but have given the opportunity to help my fellow man to lose the fear and make good decisions when faced with scary propositions. As a group we help to shed fear, make the best p
    14 points
  6. Hello fellow CIC members! Awhile back I posted about a Midland case I was helping a friend with where Midland sent discovery after multiple arbitration election attempts. She ended up having to file a MTC which was answered with a request for dismissal. As always, I wish to convey my gratitude to those who offered insight into how to handle a discovery response post arb election. My friend is also very grateful to the fantastic board members who assisted. It's a shame because her husband questioned why anybody would help them and was suspicious of my motives for offering to tell her all about
    14 points
  7. I have stayed out of this until now, but I think I have a perspective that has not yet been voiced on the board. In my view, every time one of you makes an appearance in court, you stand as an ambassador for the thousands or millions of pro pers that will follow in your wake. If you are a debt collection defendant, you must be prepared. You must expect no assistance from the Court simply because you are not a lawyer. You must understand any briefs you file—you must read the statues and cases you cite and understand them. You don’t have to be a great speaker but you should be prepared, po
    14 points
  8. This should be my final case. SOL has since ran its course on any others.
    12 points
  9. I suppose this is as good a time as any to announce this. Been quiet as I've been in process with it, and I actually have a life to handle outside of here. I have obtained counsel, working on contingency, through referral from here. He comes highly recommended from the best source for California litigation on the site, so I feel quite comfortable. We are suing CACH and Mandarich Law Group for Rosenthal violations in attempting to collect on a debt already judged not owing. We will be serving opposition shortly. We are looking to move forward as a class action suit. Obviously, that w
    12 points
  10. Please, people. Have some common sense and use general amounts and alias names wherever possible when answering these questions. Lawyers for the creditors and collectors have been known to read this board too. And one unlucky member showed up in court to find all her discussions here being presented as evidence against her.
    12 points
  11. Got a dismissal from Portfolio today, my second win. Now one more to go!
    11 points
  12. Willingtocope's advice should apply to ANYONE who offers help in a PM. Anyone who offers advice that can be supported by law (statute) or a court ruling will not have a problem posting in an open forum. If that person does have a problem offering his advice in an open forum, then no matter his excuse, you should wonder if his advice is actually supported by law or if it's merely his opinion, and he knows he can't support it if questioned or contradicted by others.
    11 points
  13. I haven't posted in this forum but I was served about 6 weeks ago. I asked for and got a continuance and had my hearing today. I was so worried going into this, but I read some posts in here and got some amazing information. The lawyer tried to settle before the hearing - I declined. He presented a ton of documentation - I kept my mouth shut, except to say that I had not been provided with the docs before today, despite requesting them. The judge ripped him a new one because the documents he provided showed no clear correlation between the account referenced in the complaint and the store
    11 points
  14. Much like everyone here I have never been to court, had no knowledge of any legal jargon aside from what I saw on TV, mostly The People’s Court, and never thought I would ever be in a situation where I would have to be in front of a judge – much less be a defendant of any type of lawsuit. Sadly it seems like many people nowadays I found myself having to fight a JDB. If it hadn’t been for this board and the many people who have posted their stories and celebrated their victories for all of us to read, I honestly don’t know if I would have been able to win my case. I am beyond grateful because
    11 points
  15. I had a question raised about memorizing objections which then led to how my trial binder was organized. I think the answer to that could be useful to others as well: There was no way I could memorize those individually for each piece of evidence. So, I had those all printed and in my binder. DO separate your binder into sections. Use tab dividers to flip more quickly to each section. I couldn't afford tabs so I tore up post-its into strips, and taped them to pages to use as tabs. 1) I had Opening Statement on top, 2) Objections came next (with the Objections cheat sheet first,
    11 points
  16. Many times the JDB will provide nothing or object to your requests. These are insane objections, but happen all the time. You will have to determine how you will handle this if the JDB objects. There are two schools of thought, do nothing because the JDB just failed to prove their case, so see you in court, or file a motion to compel. I do nothing and tell them I will see you in court. However, that is something each consumer should research. In the highly unlikely event the case goes to trial, and proper discovery and challenges to the evidence was done, the JDB stands about a 99.99% chance
    11 points
  17. Of course the JDB is going to say you owe them because they bought your debt from the OC. Really, you did? Well let's see about that. Would you care to prove you have standing. A fair question of course, so how does the JDB, generally speaking, attempt to do this. They produce (or should) a bill of sale/assignment/affidavit showing they bought your debt from the original creditor. That is fine and how they would prove ownership of the debt. So, the JDB sends or presents to you a bill of sale that shows on a certain date they bought your account from the OC and there is some legal jargon about
    11 points
  18. Victory!! CASE DISMISSED! Thank you, Thank you, Thank you to everyone who replied to my request for help and offered information. UNIFUND did not pay their portion of the JAMS fees by the deadline set by the Court. I updated the Court as requested and they dismissed the case with prejudice! To anyone who is new to this forum and needs help, pay attention to the great advice that is being offered here and follow it. Once again, THANK YOU!
    10 points
  19. I posted yesterday in a thread about standing that I had written some posts about standing and offered to send the poster the link via PM. I got a lot of other requests via PM and questions about standing. So, I decided to take everything in various posts in reference to standing and put it into one post about standing. As always, it's my opinion, how I see the law and the issue of standing, and my personal experiences. It is in no way legal advice or 100% fact and undisputed. It is my opinion and how I see the issue of standing. I am not an attorney and have never step foot in a law sch
    10 points
  20. Case got DISMISSED against Cavalry & Winn Law group!!! Sent CCP 96 and got this lovely gift in return. Special thank you to @calawyer @Scientific @Seadragon @Anon Amos @ASTMedic @racecar @bravoflaca2000 @helpme and the rest of all those AMAZING people who helped me win my battle against these scumbags and their attorneys! Blessed to have found this forum! Words cannot express my appreciation and gratitude for all your help! I cannot repay back the time and support you all have given me but I hope to help and inspire others to KEEP ON FIGHTING! JDB's don't like people who FIGHT BACK!!
    10 points
  21. Case against UNIFUND was Dismissed with Prejudice. Woooo hoooo! I would like to thank CALawyer, Racecar, Anon Amos, Qbert and others who had their threads updated. I thank all the people on this board. ALL of your info and help is much appreciated!! If you won your case, I suggest everyone to Pay it Forward and help others to beat these JDBs!
    10 points
  22. After 2 long years of seemingly mountains of paperwork, the court reversed the judgment against me . As I said the whole time I would not pay Midland Funding a dime. All came down to the business records hearsay rule. The SC found the trial court erred in letting any Business Records be admitted. Without a witness, they claimed that an affiant from MCM could NOT attest to Midland Funding's business records. Everyone check the affadavit again!!!! The court ruled this was the error. Thank you to all who followed along on my wild and wacky ride!!!! Offered support and help!!!! And Thank yo
    10 points
  23. "Today, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit in a federal district court against a Georgia-based firm, Frederick J. Hanna & Associates, and its three principal partners for operating a debt collection lawsuit mill that uses illegal tactics to intimidate consumers into paying debts they may not owe. The Bureau alleges that the Hanna firm churns out hundreds of thousands of lawsuits that frequently rely on deceptive court filings and faulty or unsubstantiated evidence. The CFPB is seeking compensation for victims, a civil fine, and an injunction against the company
    10 points
  24. After filing a counterclaim, I received a message from Asset Acceptance's attorney. They canceled the Motion for Summary Judgment hearing and sent me a proposed settlement which I'm sure the client will like. They are dismissing the case with prejudice and removing the account from her credit records in return for us dropping the counterclaim. So, yay! A win for my client
    10 points
  25. BTO429: Gunny: That's exactly what I did! LOL I showed up to pre-trial and they didn't. The judge asks me to the bench, I stand there before him while he is reading through the case. He says, " How many times is it now that the Plaintiff's have failed to show up to court?" I just looked at him and said "Several, your honor" He started talking to the court clerk on the minutes and said let the minutes show that the defendant appears and the Plaintiff does not, dah, dah dah....I said excuse me your honor, " I move to dismiss based on the Plaintiff's failure to prosecute this case". He stopp
    10 points
  26. Your ok you just made an offer to avoid the time and expense of going to trial and did not admit any liability. Rule 1 don't talk to the junkdebtbuyers. Rule 2 if you feel like talking to the junkdebtbuyers refer to rule one.
    10 points
  27. Some love him, some loathe him, good viewing all feelings aside.
    10 points
  28. I won judgment in trial yesterday ... http://www.creditinfocenter.com/community/topic/320243-going-to-trial-in-california/ I hope my story and the materials I have prepared and gathered can be of benefit to others. When you are down, there are good people with good hearts and warmth and experience and knowledge to help you out. We're there for you.
    10 points
  29. I haven't seen a post where a moderator accused you of being negative for the reasons you claim. The few times I've responded to any of your posts has been because of your critical and judgmental responses to other posters. Show me a post that shows what you claim. That is absolutely not the case in regard to a response to a DV. It has always been the case that most CAs/JDBs will send a copy of a cc statement to validate a debt. They are not sending anything different now. How do you know this? I suggest you take a look through this site and note all of the case law y
    10 points
  30. My short story: I was sued by a creditor last year. I was lucky enough to find this site online. The people on this site were amazing in helping me figure out what to do and understand all the legal stuff. I want to thank you all for everything. There is NO way I would have been able to understand what was going on and how to fight the lawsuit on my own. My credit score is now 711! It was in the low 600's last year. Anyway, just wanted to say I am grateful to all of you who give so much of your time and information to help people on this site.
    9 points
  31. I originally posted on this site for help in responding to a summons from PRA (regarding a 6k Citibank debt), however living in FL and not knowing the law i was excited to retain @LawKitty . She has been so thorough in explaining everything and being realistic about the possible outcomes of the suit. She allowed me to set up a payment plan!! I made my first payment on saturday, and she got to work on tuesday (monday being a holiday)! Tuesday afternoon she sent me an email with all the info she had submitted to the court electronically. Within HOURS, pra emailed her with a mutual decision. PRA
    9 points
  32. Let me start by thanking ASTMedic for laying out the guidelines in "How I beat Midland in California" that I basically copied and then updated with the Target v. Rocha info that Calawyer and several others pointed out. Because of what I learned here I was able to get Absolute Resolutions to dismiss their case the morning of the trial. If it had not been for this forum and the many helpful contributors I don't know what I would have done. Now it is my time to give back, so I am attaching redacted copies of the documents that I spent so much time researching and typing up. I hope this will h
    9 points
  33. A quick recap: I was sued by Midland Funding over an old credit card debt for about $7,500. I answered the suit, we did discovery and they promptly filed for Summary Judgement. The first SJ was continued so Midland could get the proper document from CHASE spelling out my account. The second Hearing for SJ, I won by pointing out they did not have that. You can read about it here: http://www.creditinfocenter.com/community/topic/325986-a-victory-in-motion-for-summary-judgement-of-sorts/ So it's been six weeks or so since their motion for Summary judgement was dismissed and the case set for
    9 points
  34. Folks...realize this is an open and public message board. Anyone who wants to join is welcome to sign up and participate. While us moderators and administrators do our best to block out right spammers or idiots, not everyone is who they claim to be. Some are here to solicit business or even scam you out of your money. BE AWARE that if someone uses "Private Messaging" to offer you services or secret methods for dealing with your problems they probably don't have YOUR interests at heart. If they're not willing to discuss their methods in open forum, they are likely hiding something. Plea
    9 points
  35. I beat Midland (Greene & Cooper) in bench trial today. The lawyer came unprepared for bench trial..he thought he was there for summary judgement. He asked the judge a few times for a few minutes to review the files. He called me to take the stand. and proceeded to ask me questions about purchases in the statments that he had. I answered not that I recall to every question he asked. In the end he asked to have the case dismissed without prejudice. I am not concerned as the sol has since passed and they cannot file on this account again. I was prepared to object to every piece of e
    9 points
  36. A new case was published today by the Appellate Division of the Superior Court in Southern California. It follows Target Bank v. Rocha and reverses a trial court judge who thought Target v. Rocha was wrong. Here is a link: http://www.courts.ca.gov/opinions/documents/JAD14-11.PDF I will post the official citation when we get it. Kudos to Ian Chowdhury, a NACA member in Southern California for doing such a good job.
    9 points
  37. http://www.creditinfocenter.com/community/topic/325069-edit-had-court-again-update-2-17-15-its-over/ Thanks to all of you! Thank you soooooooooooooo much for your guidance, encouragement, support! midlandvsme.pdf I didn't realize that some of us posters were talking in conversations and alot of the work I did was not shown in thread. I am going to try and pull everything together that I used, did, found researching, etc, to hopefully help others the way you all helped me.
    9 points
  38. Here is the "miracle" -- quite-quite educating: JDB’S ATTORNEY: My (inaudible)… Ummm… so I guess I don’t have to get to the issue about whether or not the account belonged to the appellant because she stated on the record that she is not disputing that she had the account, well, let’s just skip through to the admissibility portion of the argument… And the admissibility of evidence is reviewed on an abuse of discretion standard. And the trial court abuses its discretion when it bases its decision on unreasonable or untenable grounds… and here the trial co
    9 points
  39. Hello Everyone! I have been lurking around this board since June 2013 when I found out I was being sued by Midland Funding for 1300.00. Yes, 1300.00 - punks. ASTMedic's thread "How I Beat Midland in California" was one of the first pieces of info I found and gave me hope I could fight and win too! I just had court this morning, here's my story: Sued While Out of the Country This whole thing was especially stressing and drama because when they filed on me - I was living out of the country for 6 months trying to work remotely and reduce my living costs in a cheaper local than SF, CA where
    9 points
  40. hard to believe, folks, but summary judgment in plaintiff's favor was reversed and dismissed today on this appeal in a Superior court. I will start producing more details within a few days. Too tired now.
    9 points
  41. Got a Dismissal from Plaintiff Without Prejudice at my Trail Readiness Conference this morning My thread is here http://www.creditinfocenter.com/community/topic/323269-another-on-being-sued-by-cach-mandarich-law-group-in-ca/ I beat CACH for being totally sloppy. They messed up on so many levels I don't think they had a chance. I'll update my thread with details soon...but I'm happy. I just hope they stay away until SOL runs out. I could not have done it without this forum and great group of people. Special thanks to @Anon Amos and @calawyer, as well as everyone else who chimed in
    9 points
  42. 9 points
  43. My court case was today and the judge ruled in my favor after 20 minutes of waiting in the lobby past my scheduled time. The lawyer didn't call or show up. It appears based on the book the court had out that I was the only midland case for the day. I'm glad this website was here to give the information to fight the case. Thank you all!
    9 points
  44. Hi Everybody I just wanted to thank you for all your support I joined a few years ago and ended up with 3 cases! I started fighting them on my own and 2 of them got weird and unique. I hired a lawyer to help with them. I kept one for myself to fight with your help and I got steam rolled in court even though within days in the same court, the same type of case another proper won with the exact same arguments. My judge didn't like and/or agree with CCP 98 arguement and said it didn't apply. He also said he didn't agree with Target Rocha either. I knew I lost when he made that statement. His deme
    9 points
  45. I recently got a Dismissal without Prejudice filed by Capital One (CO) in North San Diego County. I beat them at their own game by following steps taken by other members on this board - specifically SeaDragon. This was a credit card suit whereby CO claimed I owed roughly $3000. CO hired a local attorney in San Diego - Legal Recovery Law Offices; I believe they handle all CO's lawsuit in SD. The Complaint did not have any contract or other exhibits attached and plead only Breach of Contract and Account Stated. Once I was served with the Complaint, the following defense strategy was used:
    9 points
  46. Many of you may remember my introduction to this board - it was a contentious thread titled "Settle Everything?" I was paranoid about several large accounts owned by debt buyers and was looking for actual experiences of members who had settled. My goal was simply to understand the worst-case scenario in order to financially prepare. For some reason the thread was seen as "defeatist" and set the tone for my tenure here. As things turned out I was sued for each of the accounts I had identified. During that time (2014) I started to see through the veneer of optimism that greeted every new me
    8 points
  47. The decision is in: This appeal was considered by judges xx, xx, xx. Reversed. Preliminarily, the Appellate division notes that Respondent Midland Funding LLC failed to file a respondents brief, and on xxx an order was issued stating that the court will decide the appeal on the record, opening brief, and any oral argument by appellant. Immediately prior to argument, appellant ME advised courtroom clerk the he would waive oral argument. The matter was taken under submission. The judgement entered by trial court against ME was not supported by sufficient evidence and is unanimously reversed. T
    8 points
  48. Won appeal vs SLM Education Credit due to AZ SOL 4 years A.R.S. 12-544(3) "instrument in writing executed without the state", ignored (or rather misread) by the Trial Judge. Update - 02/05/2015: Judgment vacated. http://www.creditinfocenter.com/community/topic/323292-lost-sallie-mae-in-az-2014/
    8 points
  49. So I pulled my credit today to check to see when an old debt would fall off my report. Come to find out another JDB bought a card I had at some point. They pulled my credit for collection about a year ago but I've yet to hear anything from them. As soon as I saw it I got excited that they may file before SOL is up at the end of the year. I'm clearly not right in the head.......... Didn't I hear something about a business that listed people who were bad options for a JDB to be filing a suit on?
    8 points