formerpara

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About formerpara

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  1. @nascar I did consult a consumer lawyer who used to work in house for a JDB. They are now in private practice representing debtors. The lawyer has been guiding me through this process and suggested that I contact MF, LLC in writing to settle it. My idea of settlement at this point is dismissal. The judge even told me at the hearing I scheduled that I cannot sue for attorneys fees because I am appearing Pro Se. He was wrong because a friend who is an attorney got case law to the contrary from a magistrate. I didn't say anything to the judge because I was scared. My husband is dying of cancer and I am not willing to negotiate with these JDB terrorists!!! I figured I had nothing to lose by filing the motion for sanctions since their actions are actually sanctionable. How do attorneys usually react to this?????
  2. They were ordered by the judge to produce a privilege log which is a record of all communications they had with me orattempted to have with me. They had 30 days to produce it and didn't. I filed a counterclaim for fdcpa violations and fcra violations 2 years ago and they are now asking for more time to prepare. They sued me I responded with my counterclaim and it's prejudicial to me if they are granted more time. I consulted an attorney who drafted my motion for sanctions. I almost think I should send them a letter saying that I will drop my counterclaim if they dismiss the case. If they do they can't refile because it's past the SOL.
  3. Hey you experts out there...... what should I do next? I need help and I am really overwhelmed. Should I send a letter to see if Midland will dismiss? Any suggestions would be appreciated.
  4. Case has been going on for 2 years. They woke up one day after doing nothing and filed a MSJ against me, so I responded, papered them failrly heavily, I requested a hearing for leave to amend my answer, attended the hearing where they were instructed by court order to produce a privilege log. They sent some kind of untilmely garbage with codes but no phone numbers etc. They also, after 2 years of knowing I filed a counterclaim are now asking for more time. I filed a motion for Sanctions and relief. Where do I go from here???
  5. Thanks Spikey. I just want to be so annoying to them that they will dismiss it. It's costing them money right now and they probably figured that they would ge an easy default judgment. The judge was very fair.
  6. You were right!! The rent-a lawyer who showed up was all nervous and lisping when he spoke to the judge. He tried to be a suck up to the judge but the judge told him that I was entitled to privilege logs immediately. See my post above about the events of the day.
  7. I did what you said and the judge was very nice to me. He thanked me for being prepared. See my post above about what happened.
  8. Well, I survived my first Pro Se court appearance today and the judge thanked me for being prepared. I won my Motion to Amend my Answer and most of my Motion to Compel production of documents. They actually sent a rent-a-lawyer even though they originally requested a telephonic appearance. The rent-a-lawyer tried to get my counter claim thrown out because I requested attorney's fees. I actually consulted an attorney who charged me for her services, so I did incur legal fees. The judge told me that I cannot represent myself as an attorney to which I replied that I was aware of that. Anyway, the attorney who helped me prepare told me this afternoon that there is case law that states a Pro Se defendant can seek to recover attorney's fees. She will provide me with the case law because the judge is basically making me refile all of my papers to correct my errors within 20 days. The rent a lawyer was waving a bogus Midland internal document that is full of errors as his big piece of evidence. Midland admits that they don't have a signed contract or agreement with my signature on it, but they produced 3 statements and a boiler plate Citibank agreement. Midland responded to my Doc request with mostly objections and the judge over ruled 1/2 of them. My favorite parts of today's hearing was when I said to the judge that the burden of proof rests with the plaintiff to provide the documents that prove it is my debt because they are suing me. Another highlight was when the rent a lawyer mentioned Midland's objection due to attorney/client privilege. I asked for the privilege logs and the rent a lawyer started to squirm when they judge said that I am entitled to them. i tried to get the judge t0o set a deadline for doc production but he said it was premature. He did say that Midland had 30 days to get me the privilege logs which we all know don't exist. Not sure where this is all going but according to the attorney I consulted, I did well. What do you guys think???
  9. Thanks for the advice and words of encouragement!!! I am very frustrated because instead of responding to my document request 2 years ago, they filed a MSJ and didn't serve me properly. I found out they filed something because I just happened to check the docket. Theyn when they did respond to my request, they objected to each and every one of my requests which I know is not proper. I will let you know how it goes.
  10. I am still fighting Midland after 2 years. Long story. Anyway, tomorrow I have a hearing on my Motion to Amend my Answer, and to compel Midland to Produce Docs ( after 2 years!!!) I consulted an attorney who helped me with my papers and what to say to the judge. I also filed a counterclaim for creditor abuse. I just want this to go away and I am a nervous wreck. I have case law to cite and know what I am going to say. It will be weird that they get to appear by phone. Any pointers??????
  11. They just filed it without setting a date. I papered them pretty well 10 + days ago including a Good Faith letter with the original Request for Docs. I am filing a motion to compel this week. I think it;s just a pissing contest and they think that they can scare me. Booo.................................NOT!!!!!!
  12. Ok got it. I just have to hope that I can get my case thrown out and if they try to sue me again that it will be time barred. I have retained counsel because I am running out of steam to do this myself. Apparently, it is complicated.
  13. Thanks USCTROJANALUM. It was my understanding too that the lawsuit stops the SOL from running. I only asked the question because I had never heard that FL was different in that respect.
  14. Is that really true about the 4 year SOL in FL with respect to it being time barred even with an open case against you? My last payments were in Oct. 2007, so if that is true then would the case against me be time barred at this point?
  15. I am being sued by Midland too and I went to an attorney yesterday. I live in FL by the way. The attorney told me that the JDB's/creditors recently invited the local judges to some fancy lunch and conference to "teach" them about some BS issue relating to the "Creditor's" world. The JDB's are bribing the judges apparently.