ratlady

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About ratlady

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  1. My Midland case was dismissed with prejudice last week. What can I expect now? Could Midland sell to another JDB? Is is possible to be sued again by somebody else? How will this show up on my credit report? Is there anything that I should do to follow up?
  2. Midland Funding, LLC (In Ohio) v Me, (In Erie County Municipal Court) See this case: http://www.ca6.uscourts.gov/opinions.pdf/13a0050p-06.pdf Dismissed with prejudice. Filing with FTC for violations. Anyone in this county please PM me for more information.
  3. The motion came in the mail today, so now I can concentrate on making Midland pay. Defendant moved for dismissal. The court is moved to dismiss with prejudice. I can't take all the credit for this win. So many on the website helped whether you knew it or not. I believe that the reason Midland filed the first complaint in an improper venue was to stay out of the Erie County Municipal court because of the Brent case. http://www.ca6.uscourts.gov/opinions.pdf/13a0050p-06.pdf
  4. Wow! Maybe you need to take pictures while mailing at the post office. So much CYA.
  5. The drama continues.... After the dismissal Midland filed a second complaint in another court. I answered. Again sent for documents in Discovery. Midland filed for SJ and the court ruled against. Then they filed a motion for SJ Instantainer. Again denied. At trial Midland lawyer did not show, and sent a rent-a-lawyer for "for a Summary Judgement motion." Of course the poor guy was embarrassed to learn that both had already been ruled on and wanted to call the midland lawyer. Judge asked why? Trial is right now, so what good would that do. I heard the word continuance in a discussion with his clerk who stood behind him. I objected and moved for a dismissal. The judge sort of cocked his head and looked over his glasses at me like he just noticed me sitting there. I told him that I had already gone through this twice with these people (wish I had been eloquent). He asked this case? I told him yes. Same complaint. Same lawyer. Just different court. He looked stunned while I was having a silent heart attack. Oh ****! Oh ****! Oh ****! was reverberating in my brain when he dismissed. I just didn't hear if he said with or without prejudice with all the yelling going on in my head. Tomorrow I file with an Ohio lawyer for FDCPA violations. Filed in wrong venue, harassing phone calls (2-5 a day), and something else that I didn't quite understand.
  6. This information is likely on the web site, but I'm just not seeing it. What should a defendant fighting a JDB in court do? I am worried about a current situation, so don't want to include personal information. PM me if you can help. Edit: I am able to edit the post, put not the title. I am looking for information about a current case. I think I mean FCDPA violations and not FCRA. This is the reason that I don't generally post. I have no idea what I'm talking about. I do know that JDBs scan this site for information to use against us. When/if I eventually get a dismissal with prej. I will post the entire story.
  7. Your lawyer will eventually file in opposition to your DS. I received a lengthy one from the MC main office, which tells me that they have a form in place. The motion in opposition was all about discovery being the proper remedy. I eventually got worried about the DS motion and filed my answer. If the plaintiff lawyer fails to get a judgement by the disposition date I think that she will motion to dismiss. Your lawyer filed a motion for more time to do so in my case, but the judge was not moved to do so. She sent a hard copy combined discovery document that was filed with the court. Ohio RC states that the discovery request should include an electronic copy for the defendant. I spent nearly a month trying to get it sent via email or mailed CD-ROM. I sent an affidavit with a general denial during this same time to counter their discovery and I sent my own electronic discovery document. About 2 weeks later the case was dismissed. I'm not sure what to expect in the future. Wrong jurisdiction and no standing.
  8. Don't be surprised if the judge asks for you to argue your case for a more definitive statement. With nothing attached to the complaint you had a good argument. The plaintiff can now argue that more information was sent. Did they include a proof of delivery with the stuff you received? Although they should have amended their complaint to include the appropriate exhibits it may not matter at this point. Ohio civil procedure allows the plaintiff to amend a complaint and the defendant to file the motion for definitive statement in lue of an answer. You do not file your answer until that motion has been ruled upon by the judge. He/she will be either "so moved" or "not moved." It took me a while to get the idea of a motion "moving" the court. Look at what they sent you. Do they have standing? Think about what you want. If you are just buying time, wait for the motion. If they don't have a case, file the answer along with your own discovery. Disclaimer: This is my first time giving opinion and I am most definatly not a lawyer.
  9. I had a very similar case--same firm, and the case was dismissed.
  10. Midland filed motion to dismiss today.
  11. Midland lawyer has now filed a motion for continuance. I'm thinking that I should file an opposition to the motion. Can I get some help with this. The judge has already denied a motion for more time to file for disposition.
  12. I read an admission that I need to include in my discovery. I cannot now find it. Anyone? Plaintiff admits.....
  13. Dumb questions that pop into my head continue as I read through the discovery questions: 7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes of the choice of law provision it seeks to enforce. What am I looking for with this request? 8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed. OK, but I wouldn't have gotten any phone calls. According to the print out sent they do not have my phone number. 9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial. I bank online. What do I ask for? This is a good question in that they will not have it. 10. Proof of mailing of monthly statements to defendant. Won't matter. I would not have opened anything from Home Depot thinking it was junk. 11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time. Defendant--me. I don't understand
  14. @racecar: What does this mean? 5) Any document setting forth the choice of law provision
  15. I emailed the Plaintiff for an electronic copy of their Discovery and have not heard from them. Their filed service stated that if unanswered all admissions would be excepted as true. I'm thinking that I need to mail a copy of my email and file it with the court as well. Any thoughts?