Breezyflavor

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Breezyflavor last won the day on October 19 2014

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About Breezyflavor

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  1. Bumping this from ONE YEAR AGO...they dropped their case in court, a year ago....now they're calling my in-laws...harassing them, several calls...all week. I don't even know how they got their phone number. They haven't even tried to contact me. I can't believe this.
  2. The debts not reached the SOL yet...soon though. They didn't threaten any legal action this time. Let's just hope I don't hear from them again (yeah right)...
  3. That's crazy. Ok guys, thank you for the input! Puts my mind alittle more at ease. This forum is great.
  4. I'm bumping this topic because Midland just called me and asked me to make payment arrangements for this account. We've already been to trial, they dropped their case...and now they're calling me asking me to pay. I repeated the same thing I said in court. That I wanted proof from them that this was my account and something on Chase letterhead that said they legally bought this account...etc. etc. She argued with me, repeating the same thing over and over. Finally she said ok, so this account is going to stay in collections. What do you want to do with it. I said I'm not going to make a payment and she said "ok I will update the file". Do you guys think they were taking a chance I'd pay? Or that they'll bring me back to court? I know they have that option. Just asking for thoughts. My trial was monthssss ago. Why're they calling now
  5. So is the original creditor suing you? How did one company get it, decide not to sue, but then the OC got it back and decided to sue?
  6. If mandatory mediation is an option... See if JAMS is one of the companies in the original credit card agreement. JAMS is expensive and Portfolio may drop it, because it'll cost them more to pay for the mediation then what they state you owe
  7. Thank you guys! YES... Shellieh and CREDATOR were HUGE helps and were extremely kind to take that time out an help me. The case law CREDATOR found was priceless...as I was struggling with exactly that. you guys are all just amazing
  8. You know I've learned it's the same lawyer that handles all of the Midland lawsuits...and all future payments are made to his office...I found that interesting.... so anyway, definitely available to help. I suspect if I'd owed more (>2K) they may have fought harder. But I was ready!
  9. I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, They called us all into one courtroom with a judge. She read through ALL the cases and they where dispersed to various other courtrooms. Mine was 4B. I met with the para legal in the hallway. I showed her my answer and requested to see their Bill of Sale. etc. She went over to the attorney, he handed her my file. She came back and said "this is what we have" and it was all the documents they'd sent me previously. I re-iterated what I was requesting. She stated they didn't have it, I stated I wanted a trial. We all go into the courtroom. Everyone made a deal for payments. People who didn't have any money etc had their cases dismissed- but with the verified plan to re-file in a couple months. I was the last person called- as the only "request for trial". I went before the judge. Attorney stated "Defendant is requesting documents that we are not in possession of, therefore we will be dismissing this case" Judge says "GOOD JOB young lady!!!". He went on to state that "the case will be dismissed, but if they obtain all the documents you requested, they will be able to re-file if they should choose to". I asked him to dismiss with prejudice. He said because the case is lacking evidence that CAN be obtained, he can't rule that way. He asked what I do, I said "I'm a social worker". Judge says "well you should be a lawyer! You did a great job!". Then CASE DISMISSED. Attorney spoke with me in the hallway and stated that he is recommending to Midland that they drop this case and will pursue no further legal action against me. Hope this is true! I didn't even need the Trial Brief I'd prepared or any of the documents, case law, legal statutes. Once they saw what I wanted, they went away. WHOOOOO HOOOOOO this trial has been stressing me out for months. Now it's over. Let's hope he keeps his word re: no further legal action against me My original thread pleading for help....http://www.creditinfocenter.com/community/topic/323664-please-help-served-by-midland/ I could NOT have done this without all the info and comments available on here. Thank you so much! Edit: if there's anything I can do to help any one else (especially ppl from Rhode Island) pls feel free to PM me. I prepared soooo many legal docs, but didn't have to use them. And I found so many samples on here- but made them my own with R.I. Case law, Civil Procedure Rules, Evidence Rules and legal citations etc. I am proof- you just have to do the research and it will pay off.
  10. Thank you guys so much! I found a template for the Trial Brief on here, the conclusionary statements, SOL, Fair Credit etc....this site was a godsend. I really can't thank you enough.
  11. I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, They called us all into one courtroom with a judge. She read through ALL the cases and they where dispersed to various other courtrooms. Mine was 4B. I met with the para legal in the hallway. I showed her my answer and requested to see their Bill of Sale. etc. She went over to the attorney, he handed her my file. She came back and said "this is what we have" and it was all the documents they'd sent me previously. I re-iterated what I was requesting. She stated they didn't have it, I stated I wanted a trial. We all go into the courtroom. Everyone made a deal for payments. People who didn't have any money etc had their cases dismissed- but with the verified plan to re-file in a couple months. I was the last person called- as the only "request for trial". I went before the judge. Attorney stated "Defendant is requesting documents that we are not in possession of, therefore we will be dismissing this case" Judge says "GOOD JOB young lady!!!". He went on to state that "the case will be dismissed, but if they obtain all the documents you requested, they will be able to re-file if they should choose to". I asked him to dismiss with prejudice. He said because the case is lacking evidence that CAN be obtained, he can't rule that way. He asked what I do, I said "I'm a social worker". Judge says "well you should be a lawyer! You did a great job!". Then CASE DISMISSED. Attorney spoke with me in the hallway and stated that he is recommending to Midland that they drop this case and will pursue no further legal action against me. Hope this is true! I didn't even need the Trial Brief I'd prepared or any of the documents, case law, legal statutes. Once they saw what I wanted, they went away. WHOOOOO HOOOOOO this trial has been stressing me out for months. Now it's over. Let's hope he keeps his word re: no further legal action against me
  12. MIDLAND FUNDING Potentially Negative Closed T800-825-8131 More Account Details Account Name MIDLAND FUNDING Account # XXXXXXXXXX Account Type Debt Purchase Balance $1,990.00 Date Opened 4/1/2012 ITS ON MY EXPERIAN CREDIT REPORT CHAPTER 19-14.9 Rhode Island Fair Debt Collection Practices Act SECTION 19-14.9-8 (k) Reporting to a consumer reporting agency on its transactions or experiences with a consumer in the debt collector's name. However, a debt collector may, with the express written authorization of the creditor, report to a consumer reporting agency in the creditor's name. So this means Chase gave the permission to report to Experian? And why does it say closed if they're suing me....I'm so confused
  13. When I thought about Arbitration I found that AAA doesn't do consumer credit anymore either- I believe in 2009- Chase had AAA and NAF. So I'm not thinking arbitration is not an option. I wish they has JAMS...but I don't think they'd pursue it for alleged debt under $2K CREDATOR......there was nothing else attached to the affidavit...no evidence etc. After getting my response to the summons, the lawyer sent me old credit card statements and two sheets (which also,prove nothing) on Midland letterhead. The case law is IMMENSELY helpful as I've been struggling to find RI cases that I can site in court. I found the RI rules of evidence, but have heard contradictory statements as to whether they even apply in small claims. The courthouse strongly stated that small claims court is extremely "informal". So you're right about questioning the judges and their following of the law. And with the RI Small Claims website nonexistent.....it's impossible to know what to expect. But NOW, thanks to you- I have case law which was extremely difficult for me to find. I will add that to my strategy plan and will cite that, along with rules of evidence when I object to everything this guy tries to introduce. I cannot thank you both enough. You were incredibly kind to find those resources and take the time to talk to me
  14. I attached the affidavit as well as a paper that came WITH the summons saying they were awarded...this is a scare tactic right? And I'm going to use exactly what you said. I wrote it down. "I've had credit cards before, but I do not recall one ending in XXXX"
  15. Now...I will Google what a Trial Brief is...that is how new I am to this. There was an affidavit but it was the generic ones I've seen all over these boards "I am an employee familiar with Midlands business practices and I can certify B****** owes such and such amount". I am going to google and see if there's anything. I had a friend also sued by him, but she didn't fight, just agreed and made a payment plan. She said that in the courthouse hallway, outside the courtroom, there's a group of you, a woman calls your name and verifies your info. She asks what you plan to do. She goes around and checks in with everyone (she works for the lawyer). Then they all file into the courtroom, get on the stand when it's their turn and the judge reads over what you're agreement is, then you go on your way. I guess I'll be throwing them off a bit..... ALSO.....if asked if I ever had a Chase credit card....I plan to say yes to that because I'm arguing with Midland...does that sound ok?