notaloser

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notaloser last won the day on May 29 2017

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About notaloser

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  1. It has been a while since I have updated my status. Since my day in court when the judge ruled in favor of Midland Funding I went to see a consumer lawyer. I did not know that there was a five day window to refile the case again in Justice Court. The five days past so the lawyer filed an appeal to the district court. I filled out the affidavit of inability to pay the court filing fee. The lawyer called me shortly after filing the appeal to tell me that he received an email from the lawyer representing Midland Funding and they said they would drop the case if I did not file a counter suit. I di
  2. I agree Mr. Seaward. The terms junk debt and illegal are remnants of more than negative thought of mine after my recent court appearance with Midland Funding. My underlying thought Mr. Texasrocker is the premise that it must be shady to some degree to sell that $150 dollar 1981 Chevie for 2015 mint new condition prices. So back to the point at hand I did take your advice and contacted the lawyer for a consultation appointment. Lesson learned...always seek legal advice and counsel.
  3. Ok...One more question.... At the pre-trial the judge asked if I wanted a bench trial or a jury trial. Is there an advantage to asking for a jury trial???
  4. One more question... What is the difference between a summary disposition and a summary judgement? Is one any worse than the other?
  5. One more question... What is the difference between a summary disposition and a summary judgement? Is one any worse than the other?
  6. It has been one week since I was handed my "Summary Disposition" by the JP. I still feel like I am living a bad dream and Midland Funding just refilled my nightmare pills! I attached the following documents I was given that eventful day one week ago: *Post Judgement Procedures *Affidavit of Indigency *The 506 Series - Appeal Does anyone know what happens if I decide not to appeal? How does Midland Funding collect? Do they send a bill or is it paid through the court? I am still scratching my head wondering how and what Midland Funding and other junk debt companies do is legal. Evidently
  7. WOW...I feel like I just had a head on collision with a speeding 18 wheeler and my car exploded on contact!!! I did go to court today. I was the first case of the afternoon. I was extremely nervous and flustered. The judge did not say the same things when I observed other cases in the past months. I can't even say I was sworn in but it could have happened. I just remember the judge making the statement that this was a debt collection case and then she asked me if I had anything to say. The first thing that came out of my mouth was, "I object." The judge asked what I objected to and I said t
  8. I typed up a Request to Dismiss with Prejudice to take to court tomorrow with the reason that MF did not respond to my Pretrial Request for Discovery within the 30 day timeline set up by the court. Does this look okay??? Thanks ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ CAUSE NO. DC00000XXXX MIDLAND FUNDING LLC § IN THE JUSTICE COURT Plaintiff VS § PRECINCT X PLACE 1 XXXXXXXXXXXX Defendant § XXXXX COUNTY, TEXAS DEFENDENT'S MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, XXXXXXXXXX, Defendant herein, and asks the Court to dismiss this case with prejudice for the follo
  9. I opened the envelope and inside is their response to my written discovery. I wish I could post a copy but do not have access to a scanner at this time. But...their response to legal theories, in general, the factual basis of the responding party's claims or defenses states, "Plaintiff's and/or Plaintiff's predecessor and Defendant agreed to an extension of credit with terms. Defendant defaulted on the account on or around 04/11/2011 when Defendant failed to pay as promised. Defendant's account is still owed and outstanding. Plaintiff is pursuing collection as allowed by law. Plaintiff assert
  10. UPDATE FROM NOTALOSER... I had a pretrial on 7/11/14. I had previously submitted my discover document with the court and with Midland Funding on 5/19/14. At the pretrial the lawyer for Midland Funding said he had no knowledge of my discovery and looked it over really fast in front of the judge then said it was intrusive! I bout dropped my jaw! Anyway the judge gave him 30 days to respond and that would have been by August 15th. I did not receive anything and waited on the court to go ahead and do something. I got a letter from the court on 12/17/14 saying I had a court date set for 1/12
  11. I have a question...when I looked at the court cases on the court website there were a number of Midland Funding cases that had been dismissed. Can I get a copy of all the court documents for a case that has been dismissed? How do I do this and is it costly? Thank you so much for all your help and information
  12. What should my next steps be now that I watched the Pre-Trial? I went to the Justice Court to observe a Midland Funding trial last Friday. When the bailiff allowed all to enter the courtroom there were a total of 10 people in attendance. Two of the men were representing Midland Funding. The judge entered and took role call. There were 7 cases on the docket but only 1 person showed up with their own lawyer. Three people were representing themselves and three people did not show. The Judge asked each Defendant if he or she wanted to sit down and talk with a Midland Funding attorney. All but