ZBoy

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About ZBoy

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    Wisconsin
  1. Any insight on argument that Midland Funding has engaged in Robosigning and that in my case the certificate of conformity provided contains a signature that looks nothing like the name 'Carolyn E Hughes' and you can even make out an 'st' at end of signature if you look closely
  2. https://www.wisbar.org/Directories/CourtRules/Wisconsin Circuit Court Rules/Outagamie County Circuit Court Rules.pdf It doesn't state specifically for Outagamie Cty from what I can see if I can or cannot submit a motion on day of court- i attached where pdf can be found and screenshots of the civil rules if anyone else can see something I'm missing Edit/Update: I think I'm safe according to chapter 801 and 802 in WI 801.16  Filing. (1)  The filing of pleadings and other papers with the court as required by these statutes shall be made by filing them with the clerk of c
  3. Just to reiterate and help me plan accordingly: Write up and file a MTC before my motion hearing case tomorrow (11AM, court opens at 8AM), provide copies to court and plaintiff and let the judge know I filed MTC and the court is not the correct jurisdiction for this matter and that it should be moved to JAMS arbitration per the Credit Card Agreement. How will it work to get the documents to the attorneys are there by telephone conference as well? They did request this to the court but I didn't see courts answer to that so I'm assuming they granted it. Do I need to put together an
  4. There is a segment on Arbitration in the original credit agreement - can they already argue I participated by attending the pre-trial on 01/02?
  5. Did you check out my post above your initial post - I edited it several times but it appears as though using statutes regarding hearsay and rule of evidence has worked in other cases (at least to avoid MSJ)
  6. My county is different in that it requires a hearing to respond to MSJ so I can respond tomorrow
  7. Wisconsin Statute 909.02 (12)(a)(b) - 'Self-authentication' is similar to the Idaho Rule of Evidence statute 902(11) (12) Certified domestic records of regularly conducted activity. (a) The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under s. 908.03 (6) if accompanied by a written certification of its custodian or other qualified person, in a manner complying with any statute or rule adopted by the supreme court, certifying all of the following: 1. That the record was made at or near the time of the occurrence of the matte
  8. Is it possible to make an argument and use information from a different circuit court? The Idaho statutes mentioned are very similar to WI statues. I came across 2 good cases in Idaho, but they are the 9th circuit and Wisconsin in the 7th. https://www.hollandlawfirm.com/2015/09/24/defective-debt-buyer-affidavits-and-the-lack-of-data-integrity-other-peoples-records-opr-are-not-business-records-of-midland-funding/ Next case can be found near end of article between Rodney Miner and Cavalry SVP https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors
  9. Unfortunately they didn't attach the affidavit to the complaint - they submitted it later with the MSJ paperwork. Running out of options not sure I have any shot at winning
  10. I responded to their original complaint orally at the pre-trial 01/02 and later they submitted a MSJ on 02/28 - the court then set a 04/01 MSJ hearing where I need to attend in person - in my county this is the required next step. I could have filed an answer with the court before this point but the court told me it was not required and I procrastinated to be honest. If you were in this situation what would you do?
  11. I came across a Facebook page called 'Stop 3rd Party Debt Collectors - No Fee Service' who provided the attached template to use as an answer. What do you guys think? FREE Template for Web Clients Midland 2018.docx
  12. Thank you - I did see the Brent case but unfortunately they have pretty solid wording in all of their paperwork so it's difficult to refute.
  13. Is it possible to use an argument that I had the 3 credit bureau's remove the Midland Funding Collection account from my credit report by using a credit restoration agency to send inquiries on my behalf and sucessfully remove them?
  14. Screenshot_20190330-003911_Drive(1).pdf Here is a pdf of the pertinent info to the case