playcare

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  1. I guessI should have been more clear. We are willing to go to court or the bar, I just didn't want to seem like someone whining becsuse they lost and wanted to start going after their lawyer wilily nilly. I have looked at the rules in MD and without a very specific reason,there is a very limited tme to file the appeal. The time to file that appeal passed while we thought the lawyer was filing an appeal. I am also aware that we are not the only clients. After the first merit hearing things did not go very well. I called the original lawyer and said we weren't happy, that things had gone badly, that we almost lost that day because paperwork hadn't been filed in time (even after I had followed up with them about filing it.) We hired an attorney because neither of us know the law well and at the time could not spend hours and hours trying to figure it out. We hired someone for their knowledge of the law and for knowing what had to be filed when. __________________________ As for leverage in a deal. We have nothing to take and still make very little money. My husband has contacted the Plantiff's lawyer, by e-mail, suggesting slump sum payment as we have nothing to take and that given our present finical situation we didn't want to enter into a payment agreement that we might not be able to honor if our income goes down again. The lawyer said he would talk to his client and get back to us. That was about 1.5 weeks ago. Sincethey told usto wait for an answer, do we just wait to hear from them? No previous agreement was made.
  2. For anyone following my other posts, I was able to get al the paperwork the Plaintiff intends to introduce at trial. This is for the JDB Midland Funding, being represented by Lyons, Doughty and Veldhuis in the state of Maryland against my husband for $12,000. I believe our best approach would veto argue that there is not sufficient proof that he owes Midland Funding money. They did send a stack of old credit card statements so trying to say the credit card didn't exist seems foolish. Aside from a bunchof old statements here is what they intent to use: 1)An Affidavit from Bonnie Gohman who works for Midland Credit Management (they keep track of all the electronic records for Midland Funding. This is the typical affidavit saying that Midland funding owns the debt, she has seen the records, etc. It is the only thing that list an account number but part of the number has been redacted. She is in MN. 2) A Bill of Sale between ChaseBank and Midland Funding. It is for a group buy of a bunch of accounts and does not reference my husband's account specifically in any way. They have redacted any identifying information but from looking at it it is for atonal amount for the entire sale and how the money was sent. 3)The Closing Statement from the sale with basically nothing but a dates and Chase Bank andMidland Funding. All other info has been redacted. 4)An Affidavit of Sale by the Orginal Creditor, signed by Martin Lavergne. It just states that therewasa sale and that Chase send correct records. It does not mention my husband's specific account. 5) The credit card statements, I believe there a re 12. Some do show payments made by my husband. 6) A spreadsheet created by Midland Funding with the basic information about the purchased file. It does say on the bottom that they created it using the electronic records provided by Chase. ___________________________________________________________ Can I have any of this deemed inadmissible? How do I do that? If not, how do we fight it? I have been trying to find rules to use but I am having a hard time so advice on what to look for would be great. The merit hearing is on the Jan 27th 2014.
  3. I did receiveallteh paperwork. I think would like to get it thrown out in someway. I will start a new post as this doesn't really fit the title of this post. It will be under the title: JDB has little paperwork, how do I get it thrown out as evidence?
  4. I don't want to sue anyone or go to the bar. I'm not in the habit of just going after anyone. Here are the basic reasons I am not happy with what happened. Please note, I know and he did say that there were no guarantees. This is not about a broken promise of a win. 1) He assured me that even if the case was lost it could be appealed. 2) No paperwork was ever completed on time and it wasn't until we asked for it or reminded the lawyer that it hadn't been sent, that it was actually sent. 3) It took days to weeks to get answers to questions we had and often just as long to find out what was happening with paperwork. 4) An e-mail written by the attorney actually representing my husband left the door open for the plaintiff to supoena a piece of paperwork from my husband that seemed to be the tipping point for the judge to use the likely ruling. 5) The attorney actually representing my husband did not object to anything in court 6)After the loss my husband immediately told the current lawyer that we needed to try to make another dealer at least set up payments for as low as possible. We also wanted to file the appeal. She did not contact the plaintiff's lawyer, she did not file the appeal, she did not respond to our calls or e-mails and then didn't give the judgement interrogatories to the original lawyer until days before they were due. We were given 2 days to get it together and had to get an extension. 7)All questions we ever asked were answered in vague terms or with, it's up to you. 8) The lawyer representing us was not actually a part of the law firm we hire but was an associate of his. She no longer works with him after this case. 9) The plantiff offered a really low settle net right before the trial. Although it was my husbands ultimate decision to go into court, it was because the lawyer told him that they wouldn't have offered it if the case wasn't really weak. We just don't want to owe $12,000 to a JDB on the likelihood that they own the debt and because the lawyer we hired didn't file anything in time ( and we didn't know there was a timeframe being missed) we don't seem to have options.
  5. So from what I am getting here, the lawyer messed up in court and afterward. He said we could always file an appeal but then his associate (who he doesn't even work with anymore). Didn't do a damn thing for weeks after the trial. We don't get strait answers about anything that happened or is happening. Can I do something about the lawyer?
  6. It has been too long to do anything except 1) fraud; 2) mistake; or 3) irregularity. Anything not in these three categories and you stand almost no chance of having the judgment vacated. The lawyer was supposed to file an appeal but didn't. If I can find that the relaxation of rules was misused ( my husband thinks it was only for claims under $5000 but was used for our suit which was for $12,000. Would that be a mistake? I wasn't in court that day. Can I get a transcript front he court and how do I do that? I would imagine the rule used by the plaintiff's lawyers would be in there.
  7. This is a carryover of the another post. The original post was Do I have to answer these Interr on Judgement Debtor??_____________________________________________________________________________ So this is a massive mess. As I said, the lawyer we hired gave the case to an "associate" but he is no longer working with her. We have been going back and forth with our lawyer to get some sort of direction or answer out of him and he is giving us nothing. My husband told him we won't be working with him anymore. We don't have the paperwork from the judgement or pretty much anything but some vague e-mails and phone calls from our lawyer or the layer he handed us off to. The plaintiff's lawyer has said things like he will only accept payment over time with 10% interest, we were trying to offer him a lump payment but have no idea how that was received. This is a JDB. I want to try to get this overturned if possible. The plaintiff's lawyer had the rules of evidence relaxed in court so they only had to prove it was likely that they owned the debt and the amount was correct. I don't know where to start on this one. Can someone point me in a direction so I can start researching what to do next?
  8. I'm going to start a new post on this and refer back to this one.
  9. I am way past the point of sending interrogatories but I don't know about a deadline to request. I'll have to look through the rules and see what I can find. Would it be under rules of evidence ?
  10. The judge did not issue a sanction and said everything will be decided at the court date. Now I need to actually fight this thing. We can't afford to lose another $12,000 case. Can I fight them using certified paperwork in court? They already filed to use it as evidence. They say they have all kinds of records but that they are available in their office. How do I handle this? Have my husband just show up and ask for copies, write a letter asking for copies, try to compel copies? I would like to get the whole thing thrown out. Every time I have written a motion to dismiss for past cases of mine ( with original debt owners), the judge said he would rule on the day of the hearing. I always just settled that day so I have no idea what would have happened and I would rather get it thrown out without going in front of the judge. The one time we went in front of a judge , with a lawyer, we lost the whole thing.
  11. So this is a massive mess. As I said, the lawyer we hired gave the case to an "associate" but he is no longer working with her. We have been going back and forth with our lawyer to get some sort of direction or answer out of him and he is giving us nothing. My husband told him we won't be working with him anymore. The plaintiff's lawyer has said things like he will only accept payment over time with 10% interest, we were trying to offer him a lump payment now but have no idea how that was received. This is a JDB. I want to try to get this overturned if possible. The plaintiff's lawyer had the rules of evidence relaxed in court so they only had to prove it was likely that they owned the debt and the amount was correct. I don't know where to start in this one. Can someone point me in a direction so I can start researching what to do next?
  12. BTO429 This has been sent after the judgement. The judge ruled in favor of the plaintiff saying that is was likely that the JDB owned the debt and therefore my husband owed them $12,000. They used a rule to relax the rules of evidence. I don't know what rule they used and the lawyer didn't say much and now she isn't even working with attorney we hired in the first place. It sounds like we just have to answer everything. We don't have a ton of money as it all gets used to pay bills each month. We are still digging out from what got us here in the first place.
  13. 1stStepI know we needed to do that but we can't do it before this is due. There are bills pending in the accounts and it would take several weeks to switch everything over. HotWheels96You are correct. These were the last two filed right before the SOL was up on everything we hadn't been able to pay. The one in this post is the one we hired a lawyer to handle. It was handled poorly so we are doing the other one ourselves.
  14. Long story short. Hired a lawyer, he passers it off to an "associate", nothing was done in a timely manner, went into court and judge said it was "likely" the $12,000 was owened to the JDB, original lawyer has taken back over, original lawyer is giving non-answers to our questions...need some help here. I am writing this but my husband was the one sued. In Maryland. Some of these interrogatories seem excessive and , quite frankly, I don't want to give all this information to the law firm of the JDB. Are there any arguments to not answer or only provide partial answers? I don't even know where to start looking? Here they are: 1) State your complete name (including middle name), address, telephone number, social security number, date of birth, any alias and/or address used in the past 6 years. 2)Provide the name, address and telephone number of your current employer, if any. 3) Provide the name, branch address, and account numbers for any account you have, either by yourself or with any other person, at a financial institution as defined under Maryland law. ​Because of the whole lawyer back and forth debacle, we got this after the deadline and our lawyer got a 3 day extension. We have a bunch of joint accounts but we can't take my husband off by the time these are due. 4) When were the above financial accounts opened? 5) State the name and relationship of any persons with whom you share an account at any financial institution. 6)If you have ever been married, state the name of your spouse(s) and the date(s) during which you were married. 7)Provide the location and description of any real property you own or have interest in within the United States. ​The houses is upside down and only in my name so I believe this would just be our two cars. The cars are in his name but one is worth about $1000 and the other is still being paid for. 8)Provide the location and description of any personal property valued at $1,000 or more which you own or have any interest in within the US. See #7 9) Doesn't apply to him anyway. 10) Doesn't apply to him anyway. 11) What portion, if any, of your personal or real property is exempt from execution? If you claim any property is exempt from attachment, state the legal basis for the claim. Since there are just the cars I don't know if this applies to him anyway. 12) Provide a copy of your three most recently filed state and federal tax returns.
  15. @ BV80 They have one statement with no charges and no payments, it does have a warning that the account is getting ready to be charged off. That was from 2011. The SOL was up Oct of 2013. They say they will be using Certified Records so I suppose they could have more but they did not attach any with the summons.