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About ready2fight2014

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  1. Thanks for the response Debtzapper. The fraud part would come I'm thinking if the case was reopened and It was proven that they did not actually owned the debt or had the documents to prove that they own it. Maybe it would not get that far the JDb could just dismissed the case all together if they saw the case heading down that road. I guest my lost is that it got to this point without me putting a proper defense! A lawyer that I talked with last year with regards to a case with midland offered me to participate in a potential class action law suite against midland and other JDB in MA. H
  2. First off thanks to all in this community who contribute with very helpful information that others like myself have been able to use to fight off the JDB predators. Now for my current situation that I'm seeking help with. I'm in the state of MA. Back in 2012 a default judgement was entered against me for almost $10k including fees. The plaintiff is Unifund Corporation. The original creditior was Citi Card and original balance around $5k. Long story short, I did not know what I know now and have learned from being on this forum which I've used to successfully hold my own and have favorable
  3. Thanks BV80 I guest my question to the court with regards to your point on preponderance of the evidence is that in this case there has to be a link established between the bill of sale and the credit card statement and affidavit, that being the account number being part of the book of accounts that the JDB purchased. If this is not the case all you 3 separate pieces of evidence that create the illusion of being linked. The way I see it any JDB or anyone can get a hold of CC statement, create an affidavit and a Bill of sale and sue anyone without showing a link between the evidence that su
  4. Harry thanks for your input. To answer your question... 1. The bill of sale does not mention the actual account number other than the reference that is part of a book accounts that they purchased and that its part of a scheduled-exhibit that they did not show. In other words all they are saying is that my alleged account is included in the book of account yet they did not show this book of account or my account number in the bill of sale. The only other mention of this account number is on the affidavit that their employee made and a copy of an alleged last billing statement that shows a ver
  5. So if the initial judgment against me becomes prema facie evidence for the plaintiff in the appeal, How can I go about showing the judge that fact remains that the plaintiff did not prove that they have standing to sue. This was the basis of my appeal and it was granted. The plaintiff(Midland) only showed 1. a bill of sale that did not specifically referenced my alleged account. From what I learned here this is not enough to establish ownership right? 2. An affidavit by employee that can only testify to how midland keeps its record and who they bought the alleged account I owe from but can
  6. what should I do next now that I have the appeal in order to win and have the judgment vacated?
  7. Update & Good News: First thanks to all for your help so far. I'm glad to report a small victory in my opinion: I decided to file an appeal and just got the notice to inform that it will be heard yesterday; Just a couple of days after I filed the appeal. Now I mentioned this because when I went to file the appeal the clerk mentioned that it could take up to a couple of month before I hear anything back as far as if the appeal would be granted and a date for a trial. So I was bit surprised that I got a response this quickly and happy of the good news that the appeal was granted! Tha
  8. If a magistrate decision becomes prima facie evidence in an appeal how should i word that prima facie evidence is incorrect in order to have the appeal go through for a trial under a judge? So the fact is: That magistrate found that a Bill of Sale that did not specifically showed the alleged account that I was sued on and an affidavit by an employee of the plaintiff were eneough to show that JDB was the owner of the alleged debt and had standing to sue. I just can't make sense how this is possible and need to show this fact on my appeal in order to have heard by judge!
  9. Sorry for the delay. Below are my answers in red! 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Lustig, Glasser & Wilson PC 3. How much are you being sued for? $1899 4. Who is the original creditor? (if not the Plaintiff) Citibank 5. How do you know you are being sued? (You were served, right?) Received summons via mail 6. How were you served? (Mail, In person, Notice on door) Mail 7. Was the service legal as required by your state? Process Service Requirements
  10. ArtVandelay thanks for reply post. Very helpful. I will post the answer to your question shortly. Makes total sense!!
  11. I’m absolutely furious!!! That I lost my case against Midland That maybe I could have done a better job So a brief overview: I’m in the state of Massachusetts and what Midland does here is sue people in small claims court under a court magistrate and not a judge. I now can see how this also plays to their advantage, I’ll explain in minute. So I’ve been to this small claim fighting this case 3 times, The last being “the trial”. So Midland sues me for an alleged Citibank credit card debt they purchased that they say I owe. What I did: I requested validation of debt, which they did not even answ