Casey J. Lee

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About Casey J. Lee

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    Rhode Island
  1. Very impressive. I come across so many people in a similar situation, but instead of being proactive, they ignore the lawsuit hoping that it will just go away. A default judgment enters, wage garnishments and bank attachments ensue, and it is usually becomes a bigger mess to clean up. Good for you for taking action.
  2. Thanks for the feedback. I agree. As an attorney I have gotten some dismissals with prejudice for the reasons you outlined. In my jurisdiction (RI/MA), the general practice, at least for attorneys, is to enter an appearance for the defendant even if it looks like the case will be settled or dismissed. In the 14% of the cases that I mentioned, which is admittedly a very small random sampling (i.e. the case outcomes filed in one month, and only by Midland Funding), but the dismissals happened within weeks to a few months--always with prejudice and never with an attorney. I agree that at least some of the defendants were able to raise arbitration, FDCPA and other substantial defenses/counterclaims on their own and get dismissals without filing a single document. I'm very impressed.
  3. Hello, I am doing some research about debt buyer lawsuits in Rhode Island, specifically what tends to happen to the lawsuits after they are filed. In looking at court records for cases filed by Midland Funding in one month this year, I have determined that at least 14% were dismissed with prejudice. In these cases, the court docket shows that the defendants were served with the summons but never filed answers. The dockets also show that Midland Funding dismissed those cases within a few weeks to a few months after they were filed. During that same month, Midland obtained default judgments in at least 51% of the cases they filed, so I'm interested in why Midland would dismiss some cases but get defaults in others. If I had to, I would speculate that after being served with the lawsuit, the defendants contacted Midland Funding's lawyers and provided proof that they were uncollectible; although I would be surprised if Midland would give up just for that reason. In any event, I am wondering if anyone has had a similar experience with Midland Funding: being served with a lawsuit, not filing an answer, and still having Midland dismiss with prejudice. If so, I'd be very interested to know what led to the dismissal. Thanks in advance.