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  1. 3 points
    I'm not advocating one position or another. I think both have merit. I just want to put out as much information as possible so that Shelly can make an informed decision about which path to take. One thing that is certain, the decision does not need to be made at this very moment.
  2. 2 points
    Went to court on Monday and it was Dismissed Without Prejudice. So I assume it will be coming back around again sometime but glad it is over for now. I went to the courthouse and the Opposing Attorney, of course not the same lawyer on all the documents, arrived and tried to get me to settle. Slight discount at a lump sum or full amount over time. I told him no, we are going to trial and he left me along while we waited. I pretended to read my notes and wrote down a few things so he wouldn't try to talk to me again. I like to think I scared him by looking all prepared. LOL We went into the court room and he stated they were dismissing the case without prejudice and that was that. Thanks for all the help, there is a lot of really good information in this thread!
  3. 2 points
    Alright! Who wants to hear about my day in court? DISMISSED WITHOUT PREJUDICE Ok, I realize there may be some pitfalls in that PRA could re-open my case. But, do they/would they do that? I ain't gloating. The lead up was stressful, I was flailing and there were some things I could've done better. See my original post. A recap of the past two weeks: My last hearing was to set a trial date of Feb 8. The judge handed us both an Advance Trial Review Order. ( Look it up for California to see samples of it.) I was confused by the document. It basically was an inventory of case evidence and witness. The contract attorney for the plaintiff filed it with nothing listed. (Suspicious: No evidence? No Witnesses?) I did the same. I was late to send out my Discovery/ Demand for Documents to the Plaintiff. This was a mistake. The deadline is tricky. I understood it to be 30 days before trial. But it closes 30 days before trial. I feel I still don't completely understand the deadline, but I now at least know to get it done early, at latest 65 days before trial. That being said- it would have been understandable and permissive for the Plaintiff to just ignore my discovery requests. However, they ended up replying the day before the trial with a point by point refusal of each of my discovery demands per my violation for CCP 2024.020(a) So, why even bother sending me that? Did they have to? Or, were they trying to psyche me out? Anyway... TRIAL DAY! I wake up early, keep a positive attitude, go the gym, "Mama Said Knock You Out" on repeat! Get to the court house early. Breathing deep. Courtroom doors open at 9:00 am sharp. Friday trial call. Everybody signing in. All kinds of people and civil matters stacking the day's schedule. Contract lawyer for the Plaintiff strides in, calls me out while he signs in and announces "I'm going to dismiss your case" . We wait for the judge to call us into the octagon to make it official. And that's it! 5 minutes. So, what happened here? Am I lucky? Did I simply answer and show up? Did I use the Magic Words? Well, like I said- no gloating here. I got TWO MORE of these things on deck.
  4. 1 point
    @fisthardcheese states the following in his template: "3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached)" I would call it whatever the Synchrony page header calls it.
  5. 1 point
    Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter. Plaintiff has a copy of the applicable agreement that governs the account at issue. That better?
  6. 1 point
    If the plaintiff thinks you are evading service, they can ask the court to use a process called alternative service such as mailing the complaint and summons to your last known address and/or putting the complaint and summons in your local newspaper and that has the same effect as being served. That said, you can contact the attorneys office and inform them that you are not in the USA. Some will realize that the effort is futile. Others will try anyways. If you find that a case has been started, you can file an answer with the court stating that they do not have jurisdiction over you as you and your assets are not in the USA. Also, realize that if you leave the USA before the SOL has expired, the SOL on the debt is tolled until you return.
  7. 1 point
    I wasn't suggesting the guys should go rogue. I was responding to your comment that the booter lawyer is chosen to represent the losing team in a forfeit because he has the least experience. That makes no sense. They would tell him to have a crack at it to get some time behind the wheel since he's already driven 4 hours to get there. And he might win it. It's far more likely the guy that showed up has zero affiliation with the law firm of record, and since they have no vested interest in his career, he's got orders to settle and get 5%, or dismiss and get $20.
  8. 1 point
    No attorneys are permitted in Michigan small claims court unless representing their own claims.
  9. 1 point
    He was their Hail Mary guy. His orders were to get a settlement or forget about getting paid.
  10. 1 point
    They always have. They've never been obligated to report something just because a data furnisher provided it. @Clydesmomis right. Judgments can legally stay on a report for 10, 20, 50 years if the local SOL is that long.
  11. 1 point
    That is just a standard letter AAA sends when any JDB fails to pay them. Eventually, if they stiff AAA enough times, like Midland has, AAA will immediately reject any filings between a consumer and the JDB, just like they now do with Midland. But court ordered arbitration from a granted MTC are always accepted.
  12. 1 point
    Usctrojanalum is the expert here, not me. S/he said that a properly drafted answer followed by targeted discovery requests may result in the suit being dropped or settlement offered to avoid court. This forum's preference for MTC arb is due to this strategy's success over remaining in increasingly difficult to win courts. It appears NY is more consumer-friendly than other states. It gives you something to think about.
  13. 1 point
    You can post your answer, just be mindful not to post anything that is identifiable. The most succinct answer will have numbered paragraphs that correspond to the plaintiff's numbered paragraphs. A discovery request is in a separate document, and in NY practice you have the option to do that with your answer or do it later. Probably just best to do it later. No need to overwhelm yourself with that right now.
  14. 1 point
    thank you again @Brotherskeeper for helping me and I promise to stop being a loon!
  15. 1 point
    yes yes am drafting @Brotherskeeper will start with denying and answering court then I guess just go from there
  16. 1 point
    This new ruling has some very good snippets that you have posted above. This ruling really adds a few good punches that, IMO all but makes an MTC impossible to defeat. I agree that this ruling seems to also work against the argument of costs being a viable reason to deny an MTC.
  17. 1 point
    @fisthardcheese This new SCOTUS opinion, decided on Jan. 8, 2019, might offer some persuasive argument to use when the JDB raises its costs of arb when opposing a MTC. I've added emphasis to some text. I realize this case is about who decides threshold arbitrability--judge or arbitrator--and not about the cost per se of arbitration. What do you think? HENRY SCHEIN, INC. v. ARCHER & WHITE SALES, INC. 586 U. S. ____ (2019) "We must interpret the Act as written, and the Act in turn requires that we interpret the contract as written. When the parties’ contract delegates the arbitrability question to an arbitrator, a court may not override the contract. In those circumstances, a court possesses no power to decide the arbitrability issue. That is true even if the court thinks that the argument that the arbitration agreement applies to a particular dispute is wholly groundless. That conclusion follows not only from the text of the Act but also from precedent. We have held that a court may not “rule on the potential merits of the underlying” claim that is assigned by contract to an arbitrator, “even if it appears to the court to be frivolous.” AT&T Technologies, Inc. v. Communications Workers, 475 U. S. 643, 649–650 (1986). A court has “‘no business weighing the merits of the grievance’” because the “‘agreement is to submit all grievances to arbitration, not merely those which the court will deem meritorious.’” Id., at 650 (quoting Steelworkers v. American Mfg. Co., 363 U. S. 564, 568 (1960)). That AT&T Technologies principle applies with equal force to the threshold issue of arbitrability. Just as a court may not decide a merits question that the parties have delegated to an arbitrator, a court may not decide an arbitrability question that the parties have delegated to an arbitrator." [snip] Third, Archer and White says that, as a practical and policy matter, it would be a waste of the parties’ time and money to send the arbitrability question to an arbitrator if the argument for arbitration is wholly groundless. In cases like this, as Archer and White sees it, the arbitrator will inevitably conclude that the dispute is not arbitrable and then send the case back to the district court. So why waste the time and money? The short answer is that the Act contains no “wholly groundless” exception, and we may not engraft our own exceptions onto the statutory text. See Exxon Mobil Corp. v. Allapattah Services, Inc., 545 U. S. 546, 556−557 (2005). [snip] Fourth, Archer and White asserts another policy argument: that the “wholly groundless” exception is necessary to deter frivolous motions to compel arbitration. Again, we may not rewrite the statute simply to accommodate that policy concern. In any event, Archer and White overstates the potential problem. Arbitrators can efficiently dispose of frivolous cases by quickly ruling that a claim is not in fact arbitrable. And under certain circumstances, arbitrators may be able to respond to frivolous arguments for arbitration by imposing fee-shifting and cost-shifting sanctions, which in turn will help deter and remedy frivolous motions to compel arbitration. We are not aware that frivolous motions to compel arbitration have caused a substantial problem in those Circuits that have not recognized a “wholly groundless” exception. In sum, we reject the “wholly groundless” exception. The exception is inconsistent with the statutory text and with our precedent. It confuses the question of who decides arbitrability with the separate question of who prevails on arbitrability. When the parties’ contract delegates the arbitrability question to an arbitrator, the courts must respect the parties’ decision as embodied in the contract."
  18. 1 point
    I have had my run in with the same law firm, same debt company, same credit card, and same state. My advise to you is to read through my thread and see how much this community is absolutely amazing. See how a normal Joe shmo like myself, turned from a uninformed scared person, into a well informed individual. The process takes time, research, and patients but in the end is rewarding and self fulfilling. If you start reading through my thread you will see i made a lot of mistakes early on, luckily I had some guardian angels on my side such as @fisthardcheese@Brotherskeeper@nobk4me@BV80 just to name a few. This thread is packed full of great information to help you along your journey. I hope it finds you well in your research and aids you in successful battle!
  19. 1 point
    From what I gather, the basis of the other cases was that the contract says individual arbitration and thus the drivers should follow the contract. The terms were put in the contract by Uber and offered on a take it or leave it basis to the drivers. Therefore the onus is on Uber (and Uber's attorneys) to know that if 1500 arbitration claims were filed at one time on the basis of the contract, what the costs should be. Therefore now if Uber were to try that argument, the plaintiffs could argue that they wrote the contract, they should have known or been informed what could happen if a large number of people did find individual arbitration a financially viable alternative to their claim, and that they enforced the contract on the plaintiffs. Based on those 3 things, I do not believe that Uber's attempt to get out of paying for arbitration has any merit at this point. Regardless of whether the claims of the plaintiff have any merit or not. This issue came up because for drivers, employment rule breaches can add up real quick (for example if someone making $15/hour regular wage worked 20 hours OT for 6 months, that claim is over $3500). That makes those claims more financially viable for individual arbitration than say someone arguing over a $62 overcharge. This means that what we may see as an outcome is that companies are going to have to decide where arbitration clauses make sense and where they do not. Kinda like how Comeity Bank uses them all of the time whereas Capital One has gotten rid of them completely. Uber might keep the clauses for passengers (whose claims would be lower than drivers) but remove them for drivers.
  20. 1 point
    Sounds as if "ONE" could keep this going and going, almost like in Dickens's Bleak House " Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated that no man alive knows what it means. The parties to it understand it least, but it has been observed that no two Chancery lawyers can talk about it for five minutes without coming to a total disagreement as to all the premises. . . .The little plaintiff or defendant who was promised a new rocking-horse when Jarndyce and Jarndyce should be settled has grown up, possessed himself of a real horse, and trotted away into the other world. . . . but Jarndyce and Jarndyce still drags its dreary length before the court, perennially hopeless."
  21. 1 point
    Very well said! I would only add to remember that this is a business deal. Yes, it is personal to you, but it is not personal to anyone else (not the court, the judge, the attorney or the clerks). Come at this as a business deal. When talking to the attorney in court, keep it calm and collected and professional. Let him know that you understand he is just doing a job for his client and that he isn't trying to personally stick it to you (or vice versa). Once you file your MTC, depending on your local court's rules, they MAY not be able to non-suit or drop the case without your agreement. But for sure once the MTC is granted, that will hold true. So, if you work this with the goal of just getting that MTC granted by the judge, you will do well. Also remember that once you file an MTC, everything about the account and alleged debt becomes completely irrelevant. You are flipping a switch that puts the debt conversation on hold and changes it to a question of whether arbitration is proper or not. The ONLY question that should be decided by the court after your MTC is filed is whether or not there is a valid arbitration agreement between the parties. If the court finds that there is, they have no choice but to order arbitration. Many times the attorney will attempt to cloud this issue by continuing to bring up the debt with your and with the court, but all you should do is object to that and gently steer the conversation back to arbitration.
  22. 1 point
    That's great that you are starting to kind of understand everything now. Its a journey, but its a journey only you can benefit from. Your hard work and understanding, will only make you a more versatile person. When you go for that first initial meeting with the lawyer you will not be jaded thinking you have to roll over just because you are in the court system. You are now armed with knowledge, Be vigilant in your study's, and double check everything. Like i stated before, you are representing yourself so everything you do reflects you. When this is all said and done you will be extremely proud of what you have accomplished. I promise you!
  23. 1 point
    @Around The Fur You may find some useful info on writs here: https://raymondpward.typepad.com/files/btg-2017-oct.-ward-materials.pdf
  24. 1 point
    @Vinsey You need to read both the Tennessee rules of civil procedure and the local court rules. The last link is to a court-approved sworn denial fill-in form. Please take your time to understand what you are required to do under the rules and the deadlines that govern your actions. If you plan to file a motion to compel arbitration, your rules may require you to state an agreement to arbitrate as an affirmative defense in your answer to the complaint. http://justiceforalltn.com/content/pro-se-guide https://www.tncourts.gov/court-rules/218 http://www.tncourts.gov/courts/court-rules2/local-rules-practice http://justiceforalltn.org/sites/default/files/FINAL - Sworn Denial_0.pdf
  25. 1 point
    This is my personal experience on how I beat Midland Funding, LLC twice in court and is not legal advice, but I will share what worked for me. Also, I want to thank Credit Info Center and all the people who wrote in the forums sharing their experience as well. The First Lawsuit I first received a letter from the attorney who was acting as a debt collector representing Midland and at the time I was already familiar with the validation process thanks to this website, so I sent a debt validation letter to the attorney. What they sent back was a joke and most of what I requested in the validation letter was ignored. So, after I looked at what they sent back I didn’t do anything because at this point I wasn’t being threaten to be sued. I figured they’d just go pick on somebody else who was an easier target. I was wrong. A few weeks after I received the letter back from the collector. I was returning home one day and a car pulls up in my driveway behind me and an older man gets out of his car and asks if I was the person he was looking for, and I was. I was then served the complaint/summons. Like many, my gut sank and I panicked. After a day or so, panic turned into anger and fueled my desire to beat Midland in court. I did my homework and used the info I gained from this website and answered the complaint. A week or so later I received a packet from the attorney, which was their request for discovery. If you don’t know what discovery is, it’s the plaintiff (Midland/Attorneys) asking for all the info that you might have to help them with their case against you because they don’t have anything or very little to get a judgment against you. As I went through the discovery packet to see what Midland wanted from me I became overwhelmed. So, I called an attorney and had him answer the discovery for me. It wasn’t cheap, but better than letting Midland win and having to pay an alleged debt to them. Now that the discovery was completed and filed with the court, I wait. As a week goes by, I receive a notice of hearing from the court. This is my first chance to really see how this is all going to unfold. So, the hearing date comes and I appear in person and the attorney phones in. That’s right! The attorney doesn’t even show up to the hearing and on top of that, the attorney who called in wasn’t even the attorney that had his name all over the complaint and discovery. The new attorney had the lawsuit dropped on his desk that morning. This was a strong indication to me how this was all going to unfold. At the hearing I stated that the debt wasn’t mine and the attorney said if this was a fraud case that they didn’t want anything to do with it and all I needed to do is fill out an affidavit and hope that Midland would drop the lawsuit. At that point the Judge scheduled the trial date and that was the end of the hearing, which only lasted 15 mins. A couple days go by and I receive an email from the attorney and it has the affidavit attached to the email. I open the attachment and read through the affidavit and realized that they were requesting the same personal info that I objected to and didn’t provide in the request for discovery. So I didn’t fill it out and again waited. The day has now come. Leading up the trial date I organized my defense and mentally went over it in my head almost to the point of going insane. I get to the courthouse about 20 mins early to once again go over my defense and in hope that maybe no one shows up for the plaintiff. Five mins before the trial is set to begin, I see a short elderly man walk into the court room. CRAP! I was really hoping the attorney wouldn’t show and I’d win by default. Oh well, let’s do this! I enter the court room and take a seat and get organized. The judge enters; we stand, and then sit. The judge starts addressing the attorney and it turns out that the attorney sitting in the court room isn’t even the attorney from the actual law firm representing Midland. The law office hired some random rent-a-lawyer to appear and he only had from the previous night to look over the case. The judge addresses the lawyer and the rent-a-lawyer calls me to the stand to testify. I was prepared to be questioned and how to word my answers in case the lawyer tried to be tricky, and he was. He started off with a few “Yes” questions in order to get me in the frame of mind to say YES to anything he says. But when it came to the questions of the alleged debt, I was a rock. Remember, it is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. Remember everything I just said because it comes into play in the second lawsuit. Anyway, after a few minutes of denying the judge turns to me and asks what I have to prove my case. What I presented to the court was my debt validation letter that I sent months ago and how it went for the most part unanswered. The judge asked a few questions to the rental lawyer, which the lawyer seemed to get confused by the questions and my presentation of my case. Rent-a-lawyer and I went round and round over my evidence and finally he got it. I was then put back on the stand and that’s when the lawyer tried to submit what I was sent in discovery from original attorneys into evidence. The judge turned to me and asked if I had seen the documents and I said, “Yes and I object to it on the grounds of hearsay”. The judge looked over the documents, which consisted of a bill of sale, affidavits, and some print outs of what was allegedly purchased with account in question. Then the judge turned to the lawyer and told him that based on what he has reviewed in the documents, he agrees that it’s all hearsay and will not admit the documents into evidence. The judge then started on the rent-a-lawyer by asking him questions on how he could even consider a judgment in the favor of the plaintiff based on their claims. And that’s when the lawyer thru his hands up in the air and said, “Fine, motion to dismiss the case without prejudice”. RED FLAG! That’s when I turned to the judge and requested the case be dismissed with prejudice. The judge made a few comments to the lawyer about how I’ve spent time and money over this case and that he was going to honor my request to dismiss with prejudice. Finally, this five month stressful experience was all over and I’ll never go through this again, right? So I thought. The Second Lawsuit Fast forward ten months from the end of the first lawsuit and I get served again by the same law firm and Midland, but for a different alleged account… on my birthday. I want to take a moment and talk a little about Midland. If they get their hands on a junk debt that they say you owe, I can almost guarantee they will come after you based on my experience. Midland, as many already know, is notorious for filing lawsuits. But from what I have seen from them in the court room, as long as you do your homework and show up in court, you will have the upper hand. Ok, let’s get to this second bogus lawsuit. The process was the same from the complaint/summons and discovery as the first lawsuit, but this time I didn’t need a lawyer to complete the discovery because I kept the one from the last lawsuit. So, the complaint and discovery were word for word copy for the most part so all I had to do is make a few changes to make it fit. Once all the paperwork was filed with the court and copies sent to the Midland’s lawyers, I sent a debt validation letter to the law firm. I figured what the hell, why not. It was the same format as the letter I sent in the first lawsuit and I got back the same garbage from the debt collector (law firm) as I did in the first lawsuit. The hearing date comes and goes and a trial date is set by the same judge as the first lawsuit, which was a good thing for me because I knew what to expect from the judge and how he worked. A week before the trial everything changed and I thought I was doomed. I was getting my mail and received an 8 ½ X 11 size envelope from the lawyer. Now I’m thinking, great, what now. What they sent me was a Notice of Exhibits and Witnesses for trial and a Notice of Intent to use 902(11) Evidence. Ok, let’s break this down. The exhibits and witness consisted of the same documents that I received in discovery except, one new document that was titled Book Records Affidavit or something like that and two female names and mine were listed as witnesses that may be called upon at trial. Up until I received all this new info, I was confident in my case, but all that went out the window and I felt like I did during the first lawsuit. Again, a day goes by and the panic turns to anger and strength to get my head on straight. First I realized that Midland was trying to scare me into believing that they were going to fly witnesses from out of state to testify against me. Financially for Midland it made no sense. Second, what the hell were these women going to testify to? Anyway, I prepared questions to ask them at trial and planned on objecting to anything they say on the grounds of Lacking Personal Knowledge and Hearsay. Now to the important part of the notices I received, Notice of Intent to use 902(11) Evidence. In my state this rule basically protects the plaintiff’s evidence from the hearsay rule based on the grounds that the documents were maintained accordingly by the party. I had a hard time with this one and I was going to take my chances at trial to get around the rule. On the day of the trial I was a wreck. But, I had to keep in mind that they still had to prove their case to the judge. Remember what I said back in the first lawsuit? It is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. This is how I used the above statement for my defense: Midland Funding did not have a contract with my signature or agreement from the original creditor showing I owned the debt and they didn’t show how they calculated the amount and what was purchased with the alleged credit card. Midland Funding didn’t have a contract/agreement between me and Midland stating that I owe them anything. And most importantly, as I examined the bill of sale there was not one mention that Midland Funding, LLC actually purchased or owned the specific debt that they claimed I owed. NOT ONE WORD. All it stated is that Midland bought a POOL of charged-off accounts. Everything that I mentioned above is essential for JDB’s to prove their case and they don’t have such info, unless you give it to them by agreeing to pay them. Ok, now for how it all went down in court. I get there early like last time and wait in the court room eagerly watching the clock to strike 9 am. About five minutes till 9 a tall order man walks into the court room and asks if I am the defendant and I say yes. Then he goes on to say he’s the attorney representing Midland Funding, LLC and guess what? He’s a rent-a-lawyer! This lawyer like the last only received the case files the day before and he was alone. NO WITNESSES. The rental then asked if I’d be interested in settling and I said no thank you. The judge enters; we stand, and then sit. This time we each get to have an opening statement before I get called to the stand. So, in my head I know the lawyer is going to ask the “YES” questions and try to trip me up. Not going to happen. He starts off asking basic questions like what’s my full name and address. Then he started with questions on the alleged debt. After I honestly denied his questions, he started to introduce his evidence. The rental did this in a very drawn out way by introducing one document at a time and explaining why it should be admitted. As soon as he went to submit the first exhibit, I OBJECTED on grounds of hearsay. Remember the Notice of Intent to use 902(11) Evidence, well it was used and it worked for the rental. Every document he submitted for evidence was accepted by the judge based on the 902(11) evidence rule and the hearsay rule was useless. So now that Mr. Rental had all of his exhibits entered into evidence, I was given the opportunity to make my case. I knew I had to push hard and really focus on the statements that I outlined earlier for my defense. When it came my turn to present my case I started with the easy approach. I went with the debt validation letter I sent to the law firm. I made the case to the judge that I had sent the letter and it was ignored for the most part and they failed to send me what I requested in the letter. I also made the case that what was sent to me could have been created by anyone with a computer that had Microsoft Word. The judge agreed. The letter came back into play, but I’ll touch on that in a few. At this point, the rental didn’t object to anything I was saying and the validation letter was admitted into evidence. Next, I started on all the documents that were admitted against me and that weren’t. First, where’s the contract with my signature stating I entered into with the original creditor? Judge, “Counsel do you have that document?” The rental states, NO. Then I move onto the bill of sale. I bring to the judge’s attention that there’s not one word in the bill of sale that states that Midland had actually purchased the specific alleged debt that they are claiming they own. The only words that state that Midland bought anything were POOL of charged-off accounts. No specific indication that Midland actual owns the specific debt that they are trying to sue me for. This unleashed a hail storm of questions from the judge to the rental, all of which the rental had NO answer or proof of. With that being said, I attacked with, where is the contract that states I entered into an agreement with Midland to pay them? Again, the judge rips into the rental with more questions. Judge, “Counsel, I don’t see an agreement in which the defendant and the plaintiff entered into a creditor/consumer contract, do you have one?” The rental sits for a second and then replies, “No”. After that the judge started recapping everything I pointed out and lectured the rental on how can a suit be brought forward if there isn’t enough evidence to prove their case. Now we get to what sealed the deal, if not already. While the judge was lecturing the rental he noticed something on one of the documents that was submitted into evidence by the rental. It was a credit card statement. The statement had three different dates on it and one of those dates I didn’t notice and over looked. One date was a date referencing being a member since whatever year, the next was a due date which was two years after the member date, and the last, the one I over looked had a date that went back SIX years before the “member since” date and showed interest charges. What a minute! How could interest charges be on a statement SIX years before being a member? RED FLAG! The judge then stated that the date of the interest charges date back to being thirteen years old, which puts the alleged debt eight years past my states statute of limitations. So not only does Midland have nothing document wise to prove anything, now they lack legal standing to even bring suit because one can now make the case that the statute of limitations has well come and gone. I really wish I had noticed the dates when I received the complaint/summons and had the case dismissed with prejudice at the hearing. Oh well. After piling my defense on the court and the rental, the rental puts me back on the stand for a last ditch effort to question me. He asked a few basic questions and at that point the questions he was asking I could only speculate on and that’s all I said. The rental said no further questions and I stepped down from the stand. The judge then asks to hear our closing statements. Mr. Rental’s closing statement was him just asking for damages to be rewarded to the plaintiff based on that they FEEL I owe the debt. You have got to be kidding. My turn comes and I summarize everything that I have mentioned and requested the case be dismissed with prejudice. The judge then makes a few remarks and then dismisses the case with prejudice based on the evidence provided in his court room. I hope someone can learn from my experience and win as well. Remember, they have nothing. All they will try and do is scare you. Even if the hearsay rule can’t be used, it doesn’t mean you can’t win. They still have to prove everything I outlined earlier. Stay strong and don’t give up. Good luck!