genebacon

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genebacon last won the day on August 21 2014

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About genebacon

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    Missouri
  1. Here are some questions I prepared for trial against Midland Funding on ACCOUNT STATED and MONEY LOANED. They are base on a winning appellate court decision in Missouri. CREDIT CARD DEFENSE QUESTIONS FOR TRIAL (For Account Stated and Money Loaned) Question # 1. Were documents pertaining to defendant created by Midland Funding LLC in the ordinary course of business at or near the time of the events they purported to record? They will probably say yes. Question # 2. Who prepared the documents received by Plaintiff Midland Funding LLC pertaining to the de
  2. Here are some questions I prepared for trial against Midland Funding on ACCOUNT STATED and MONEY LOANED. They are base on a winning appellate court decision in Missouri. CREDIT CARD DEFENSE QUESTIONS FOR TRIAL (For Account Stated and Money Loaned) Question # 1. Were documents pertaining to defendant created by Midland Funding LLC in the ordinary course of business at or near the time of the events they purported to record? They will probably say yes. Question # 2. Who prepared the documents received by Plaintiff Midland Funding LLC pertaining to the de
  3. You definitely ned to file the motion to compel. That would give you more time before the trial and would increase the chance of MF dismissing the case. There is a good chance they will dismiss before the trial. But even if they don't, it shouldn't be hard to beat them in court. If you go to trial you must object on the grounds of hearsay to everything they try to admit as evidence, especially if they don't provide a witness, which they almost never do. If they have no witness then all their evidence is hearsay and they will lose. Be encouraged, it is not as difficult as it seems. They o
  4. I'm not sure how it is in your state, but in Missouri on Account Stated they have to prove that each and every credit card transaction is reasonable as to purchase price, AND they have to prove that the defendant agreed to the amount being sued for. If you do find yourself in court and Midland's lawyers don't have a witness, you can object to every piece of evidence they try to submit as hearsay. You will probably find that they will try to settle before you go to trial, probably on the same day. If they do you can ask if they have a witness, and if they DO NOT, you can tell their lawyer tha
  5. Your defense (Answer to summons) is based on what they sued you for. You can offer to make payments to Midland Funding. They probably would be willing to do that. OR, you can file a Motion To Dismiss without filing an answer. This strategy often works. If you are willing to do your homework your chances of winning are pretty good. Both the debt collector and the judge know that you have a better than average chance to win, but they won't tell you that. I just defeated Midland Funding in court two days ago. I posted my documents on the forum. Hope it will help you.
  6. I have won two lawsuits so far, one with Capital One as the Plaintiff and this one with Midland Funding. Both cases were different. Capital One was Breach Of Contract and Midland Funding was Suit On Account and Money Loaned. Breach of contract took 12 months and it was my first time being sued. Every time I appeared before the judge I asked for a continuance, which he granted every time. I had the same law firm in both cases, Kramer & Frank who are absolute snakes of the lowest order. They filed a Summary Judgment and when we appeared in court their lawyer said his case "wouldn't fly," s
  7. I am posting the paperwork I used to defeat Midland Funding for anyone who might b e able to use it. I have posted here all the discovery by both Midland Funding and Defendant. Looks like the formatting won't come out right. If there is a better way to post documents please let me know. . IN THE CIRCUIT COURT OF PETTIS COUNTY, MISSOURI DIVISION 6 MIDLAND FUNDING LLC ) Case No: Division:6 ) Plaintiff, ) vs. ) NAME REDACTED )
  8. I just went to court yesterday for my daughter who was sued by Midland Funding on Account Stated. Their lawyer met us in the hall before trial and tried to settle before trial. I told her no and she handed my daughter a stack of papers supposedly proving the debt. I told her that everything she offered into evidence would be hearsay because we would object to the signed affidavit submitted with the Complaint. I asked her if she had a witness and she said not, so I reiterated to hear that anything she admitted into evidence would be hearsay. We went back into the courtroom and proceeded with tr