juh

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About juh

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    TEXAS
  1. @MyOwnLawyer Can I get your email address. I need to as you something please. Midland Funding has a hawk eye on this site.
  2. It wasn't Kristy's firm, it was a firm working for her firm. I asked the guy who he was with and he said Attorney name is Mark Stout of Padfield and Stout. .
  3. Yay, I was the lady in court today. He did jump and shout all the way to the car. I had a smile on my face for a good 10 minutes. You were great! Attorney name is Mark Stout of Padfield and Stout Oh the attorney did mumble that things like this have happened before with Midland. ( Getting records mixed up).
  4. @texasrocker Midland definately monitor is site. I bet they hired someone just to monitor websites like this.
  5. I went to court today with my disability papers and a copy of that agreed order. The attorney filed a continuance. he said he never had anyone fight back with "Code of conduct" with disability papers. I stayed and listened to @MyOwnLawyer, and he got a dismal. YAY
  6. This link is my saving grace......and is for people in Texas sued by Midland funding http://www.txcba.org/uploads/TXCBA_Presentation_to_SCAC.pdf
  7. here...google this CAUSE NO. 2011-40626 STATE OF TEXAS, § § § Plaintiff, § § v. § § MIDLAND FUNDING LLC, § MIDLAND CREDIT MANAGEMENT, INC.§ and ENCORE CAPITAL GROUP, INC., § § Defendants § § In the District Court of Harris County, Texas 165th Judicial District AGREED ASSURANCE OF VOLUNTARY COMPLIANCE
  8. Yes, probably old to you, but not to new people in Texas getting sued by Midland Funding. It lays out ....how Midland Funding can sue, therefore you know what you're up against. Right? In otherwords, it gives you an idea on where you stand and how you can win or not. Before I became disabled, I worked in law offices. Not that I know it all....I do know how to research. I agree, Object, object, object!
  9. Click this link below, it advises you how Midland Funding is allowed to sue in Texas. http://www.txcba.org/uploads/TXCBA_Presentation_to_SCAC.pdf This is very informative and you will know how to proceed.
  10. @texasrocker This is something i just fouND. It can be of great assistance to people being sued in Texas by Midland Funding. Open this link and find AGREED ASSURANCE OF VOLUNTARY COMPLIANCE http://www.txcba.org/uploads/TXCBA_Presentation_to_SCAC.pdf
  11. In the topic below it states an affidavit is used as proof of debt, it can can be objected to as hearsay, right? So, since they have no witnesses to support the affidavit...don't I just have to object and state hearsay? In the New case, the Court held that an affidavit may be offered as evidence at a default judgment hearing and that the testimony therein, though hearsay, is admissible to prove-up a claim. The New decision was important for a number of reasons: (1) it confirmed that when proving-up a default judgment, the court mayrely upon affidavit testimony, (2) it implicitly held that the prove-up affidavit may be based upon a review ofthe business’ records, and not be solely limited to the affiant's own personal knowledge, and (3) it reminded the courts that pursuant to TRE 802, hearsay testimony is admissible as evidence absent an objection, and that it was an abuse of discretion to exclude such evidence in a unopposed prove-up hearing.
  12. Thank you both. Question. In the petition served on me, they only attached one statement. Aren't they suppose to attach proof they own this debt, proof I owe it and the correct amount they can sue for? They did not. They did respond to my Discovery with a generic affidavit of sale by OC not on any letterhead and a Bill of Sale redacted. I read that they can not just tack on interest at their discretion but need approval from the court and I also read in Justice Courts you can only sue for the amount charged off, can not add interest only attorney fees. Midland Funding has reported me to the credit bureau with interest tacked on already. I disputed it.
  13. I go to court on Monday. I already answered a general denial. Under Midlands Code of Ethics, they state they will cease collection activity if debtor has hardship and only source of income is disabiity. In their petition, they even site that, but when I contacted them ( I spoke to a guy in India) after much confusion Indian guy connected me to a rude attorney who wouldn't agree to this. So....since this clause is in their pleadings,, could I also argue that? And OC didn't charge interest after chargingoff. I am very stressed.Thanks in advance for your help.
  14. How long can interest be added on a charged off account bought by Midland Funding. Don't they have to prove they have the right to charge interest? How do you argue that OC waived rights to charge interest?