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pitykitty

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About pitykitty

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  1. Here you go. I took out the case law I used because I put that in there to help my case because I turned in my Answer after the due date. If anyone has any corrections or additions they would like to add, please feel free. general answer.docx
  2. I would like to write a Motion for Sanctions so I could point out to the Court how Midland was providing them with false information. Does anyone have any suggestions as how to do that? Do I just list what they have lied about (when they rcvd my Motion, the fact that they DO arbitrate with AAA, etc?) It was suggested that it might be an FDCPA violation that they suggested we couldn't arbitrate. Does anyone know if that is correct? Any help is greatly appreciated.
  3. Hi Stoner80, First you have to get a General Answer in. If you don't answer, then Midland will be able to file for a Default Judgement on you. I'm in the same boat and have learned so much between here and the debtorboards. Mine is a little bit different in that I waited to respond (I was just not going to do anything because I thought I wouldn't have a chance) and turned my Answer in after the due date. (Thank gosh I answered just in time because Midland had already requested a Default Judgment on me and the Court had just granted it, but I was able to get the Court to give me a chance to fight Midland). The point is: DON'T LET THEM SCARE YOU. I'll try to help as much as I can, but as I mentioned, i'm still learning as well. This is what I filed as my General Answer. I know I quoted some laws in there but this was the core of the letter: DEFENDANT’S ORIGINAL ANSWER TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the Defendant listed above, (or the duly authorized agent or attorney for said Defendant), in the above entitled and numbered cause, and denies generally the allegations of Plaintiff filed in this cause, and says that each and every item of the account or claim made the basis of the cause is not just or true, and Defendant further denies generally each and every, all and singular, the allegations contained in “Plaintiff’s Original Petition” on file in this cause. WHEREFORE, premises considered, Defendant prays judgement of this Court that Plaintiff takes nothing by this suit, for all of Defendant’s cost incurred herein, and for such other and further relief to which Defendant may prove to be justly entitled. Defendant further reserves the right to plead further at time of trial. I will upload my Microsoft Word copy later so that it's formatted and you can just plug in your information (i'm at work right now and have it saved at my computer at home) . You will take that down to the Court and they will stamp it. Once your Answer has been stamped by the Court Clerk, you get copies of your Answer and send that the same day to Midland's lawyer. Send it via Certified Return Receipt Requested. Depending on your situation, I believe it will be suggested to you to file a Motion to Compel Arbitration. But the most important thing right now is to file your answer. Here is a little bit of an explanation I got from texaslawhelp.com: What does an Answer do? Filing an Answer enters your appearance in the lawsuit filed against you. If you have been served and do not file an Answer, the court can enter a default judgment against you. This means the court makes the orders the Plaintiff asked for in the Petition without any further notice to you. Filing an Answer stops the court from entering a default judgment. Once you have filed an Answer the Plaintiff must give you notice of all hearings and send you a copy of any documents filed in the lawsuit. Is there a deadline to file an Answer? Yes. If a process server has served you with court papers, you have a limited time to file your Answer. Counting from the day you were served, you have 20 days plus the following Monday, at 10am, to file an Answer. If you do not file your Answer by the deadline, the Plaintiff can ask the court to enter a default judgment against you. Is there a fee to file an Answer? No. It does not cost anything to file an Answer. How do I file an Answer? Fill out this form and sign it. Make at least two copies. Take the original and copies to the clerk’s office in the county where the Petition was filed. The clerk will keep the original, stamp your copies and give them back to you. You must deliver a copy of your Answer to each party in the case. You must deliver it by certified mail return receipt requested, fax or personal delivery. If a party is represented in the case by a lawyer, send the copy to the party’s lawyer. If the party does not have a lawyer, send it to the party.
  4. thank you! i realized a little after i posted that i asked in the wrong forum and tried to figure out how to move it. let me look around a bit and see if i can figure it out. i may just copy and paste it over there. *topic closed*
  5. COULDN'T FIGURE OUT HOW TO CHANGE FORUMS. PLEASE CONSIDER THIS TOPIC CLOSED, I'M MOVING IT TO ANOTHER FORUM. THANK YOU.
  6. Wow, this is scary I have court with Midland in a week and a day and I am SO NERVOUS. I went a different route and filed a Motion to Compel Arbitration and just filed my paperwork with JAMS (something I should have done ages ago) and I just got back a Plaintiff's Response to my Motion last week from Midland saying they barely rcvd a copy of my Motion even though I have proof they rcvd two months ago! I can't afford a lawyer, either, but i'm seriously trying to get a consultation or something to see if Midland has any fcdpa violations that I can prove because they are misleading the court saying they just rcvd a copy amongst other things. They should've submitted their reply within seven days but they waited two months. I am so sorry this happened to you and keep us updated as to what is going on with your case.
  7. @Harry Seaward, thank you so much. I was up pretty late last night and wasn't thinking clearly, lol. Those links were very helpful. I have a thread at the debtorboards about my case with Midland. There is a wealth of information between these two forums! <3 I had a court date set with them in early January and a week before trial, they filled a Motion for Continuance. I filed for a MTC arbitration the same day my court date was supposed to be and CMRRR them a copy. So fast forward to this week. My court date is two weeks away and I received a copy of a Motion to deny my MTC arb. They claim they never received a copy of the motion I filed and that they barely just got it on March 2nd, even though I have proof they received it Jan 8th, lol. Anyhow, I'm searching for a sample or template to reply to their newest Motion as well as it was suggested I file a Motion for Sanctions against them because of their lies. I've been searching all day and either I'm still running on fumes from staying up so late last night or I'm just not searching with the right keywords, but I'm not finding any samples of either of those things to use. If anyone has any suggestions or links, I'd be forever grateful. I'm going to bed early tonight and will start searching again tomorrow with new eyes. Oh, and my state is Texas.
  8. @cwrose79, I am in your shoes right now! Congrats on your win against stupid midland. I tried to click on your profile to see your posts, but it says I don't have permission to see them. :-/
  9. @Az Piano Lady 14, I am going to search for your posts here on the boards to see what you had to endure I received a notice from the Judge on Wed, Dec. 31st saying Midland was granted their request for a continuace for 90 days. It was signed by the Judge on the 24th, two days before I was even aware Midland had requested a continuance. Thank you so much for the suggestions and I will definately be looking up the Marvin in Arizona video on youtube.
  10. @Az Piano Lady 14, I was served with papers on July 16th. Originally I didn't answer (didn't think i'd be able to fight it). I found out they filed for a Motion for Default Judgement on Aug. 29th. I smartened up and filed an answer on October 14th and then was notified on November 12th that a trial was scheduled for Jan 6th. I've been reading and reading and reading on how to fight this. This weekend i'm going to bunker down and read some more to prepare for the trial on Tuesday. It just sucks because my BIGGEST fear is talking in front of people (I've been known to get darn close to crying during interviews due to my anxiety), but I plan to show up and do what I can on Tuesday. Thank you for the advice! I was planning to show up anyway just in case. Not sure how "ready" I am, but I will definately be there.
  11. Hello Everyone, I had/have a court date set for January 6th (being sued by Midland Funding / purchased from Dell for $2340) and I received a letter in the mail on Friday (postdated Dec. 26th) from Midland saying they are requesting a Motion for Continuance. From what i've read, this will be granted to them since it's their first request, so there is nothing I can do to fight it. My concerns are these: in the actual Motion sent to the judge, they wrote: III. Certificate of Conference On December 22, 2014 Plaintiff sought Defendant's position on its motion for continuance. Plaintiff called Defendant regarding continuance. No one answered and the phone provided no option to leave a message for Defendant. I checked my phone logs for that day and I only received calls from my Mom and Dad AND my phone DOES take voicemails! Even my phone at work didn't show anything weird (but I don't believe they have my work number). I guess my questions are: 1) Should I still show up at court on the original day that was scheduled? It's only a week away 2) Can I try to fight the Motion for Continuance? As stated before, I believe from what i've read this will be granted so it's not worth it to fight 3) Should I bring it to the court's attention that they have provided false information? I can show my phone logs that they never tried to contact me. Thank you for any help or information you can provide!
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