formerpara

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Everything posted by formerpara

  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.
  16. I believe that the time limit for failure to prosecute is 10 months but I'm not 100% sure. Also, I saw that in the Midland produced documents they have the wrong birth date down for me so how do I really know that it is me???? As you said the attorney will tell me what to do. She used to be in house counsel for a jdb and got sick of screwing people, so now she represents consumers. I am going to retain her to handle the rest of this. My husband is dying of cancer and I can't take more stress right now.
  17. Ok, so I saw the MSJ and the account documents they filed. It was a robosigned affidavit by Jaquelynn Doucette and just a bunch of papers that Midland prepared and a "bill of sale." They never responded to my request for production of documents almost 2 years ago. I am going to see an attorney tomorrow because I just want this to go away. the last 2 things thay filed in court had a wrong address for service on them. Does that make a difference? I was not aware that they had filed anything until I check it out online. Help. Any suggestions?
  18. It just showed up on the docket out of nowhere because I check it once a month religiously. They did nothing for 2 years, never replied to my document request and have my address wrong on their last certificate of service. There is no hearing date or anything else since 2/11/13. I am worried.
  19. There is no court date indicated on the docket. The last time something appeared on the docket it was for another case not mine and I made them remove it. I can't see the document yet because it was locked so I requested that they email me access. I will see if it is even mine. I know an attorney who is really good at this stuff and I will call her tomorrow morning. How long do you usually have to respond to a motion for summary judgement?
  20. Help!!!! Nothing was filed in my case for 2 years and I have been sick so haven't tried to get rid of the case. Anyway, just checked my docket online and found that the Midland filed a Motion for summary judgement in February but never served me. What do I do????
  21. Here is the problem: The complaint is dated April 18, 2012. It was filed with the small claims in FL, Sarasota county on May 9, 2012. The papers were served on June 4th by a process server, but the court docket refects that they were served on June 1, 2012. The notice states that a pre-trial conference is set for June 12th. There is an affidavit by Dianna D. Wiggins, but on the signature line the nameDianna D. Wiggins is crossed out and the name Deanna D. Ulf is written in. Is this affidavit legal? The defendant is a disabled veteran and had previously provided documentation to the OC reflecting that. A Statement of Account provided by PRA is attached. It was prepared by PRA. A Bill of Sale from HSBC is attached to the complaint. There is no contract with defendant's signature. Apparently account was bought in a bundle by PRA from HSBC as indicated on a PRA generated listing sheet. THe amount PRA paid is redacted. A 2 page statement from HSBC is also attached to the complaint. PRA violated the FDCPA by calling defendants friends and relatives. I know that defendant needs to appear in court for the pretrial conference, but should he file a NOA, an Answer to Complaint and a counter claim??? Please help ASAP. Seems to me that PRA didn't give defendant sufficient notice. Can a Motion to Dismiss be filed? Oh brilliant minds out there please help. Thanks.
  22. Over the weekend I received another form letter from Midland's Atty's Pollack & Rosen telling me that this is their 3rd letter to me about the debt. Never got the first one. In this they are threatening to sue me if I don't pay. Are they allowed to do that?
  23. Midland funding not only reported to the CRA's but they re-aged my account!!!
  24. We have been getting calls from NCO for a LONG time on an old Citi/Shell card. Got calls on Friday from NCO and in yesterday's mail got a form letter from MCM (Midland) that they own the debt. Can they do this?