formerpara

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Everything posted by formerpara

  1. I'm actually going to take everyone's advice. I will send it again regular mail and get a receipt at the post office, then I will send it Certified priority mail RRR to start with. I might also fax it to them if I'm in the mood. Would all of this be considered harassment?LOL
  2. I am of the same mindset about covering my arse!!!! Also, I served them Discovery and requests for admissions at the same time. I wanted to paper them to death. I think I will take you advice and send it priority mail but certified like last time. The post office is going to refund my $$$ since my other CMRRR is "lost" according to them.
  3. I should have been more clear. I sent it to Midland's attorneys. I will re-send it tomorrow by expressmail just to have piece of mind. Do I need to amend my COS with the court?
  4. It's been over 3 weeks since I sent my CMRRR to Midland and the only thing on track & confirm on the usps website is when I dropped it off at the post office. How is that possible? Any ideas Jojool??????
  5. Long story short.......I filed amended answer, defenses & counterclaim with the court on 3/8/2011. Clerk doesn't know the rules or how to read, so they sent my counterclaim back, but I informed them of their mistake and they filed it on 3/18. Sent copies to Midland by usps first class certified rrr on 3/8 and included discovery requests and requests for admissions at the same time. The post office still hasn't delivered to Midland and there is no information online when I go to track and confirm. I called the usps and they are "investigating." BV80, SingleDadJames or anyone else with experience out there what should I do? I haven't received the green card back and want to make sure they get my stuff. All the advice you have given me so far has been awesome. Thanks in advance.
  6. I sent mine to Midland on 3/8 CERTIFIED first class mail RRR and haven't received my green card. How can they avoid that?
  7. If it were me.........I'd copy EVERYTHING you sent them with a copy of your receipts and tell them to shove it. I filed papers in court on 3/8 and have yet to get my CMRRR receipt back in the mail. I think Midland pays the post office to lose their mail. LOL I called the USPS today to see why my certified mail hadn't been delivered after almost 3 weeks.
  8. Many people might have been intimidated and just paid the $295. I am learning to be brave from this forum. I read alot of the posts so I am getting better at this. I want to win without having to hire a lawyer.
  9. I doubt it will trigger an audit. I was audited in 2006 for 2004 cuz I goofed and forgot to add my daughter as a dependent. Not a good move I know. BUT I cleared the audit so I am hoping not to have one so soon again. I'll let you know. Google your local VITA office and ask them. It should be free.
  10. If it were me I'd file a motion to dismiss citing that rule because it references the rule I mentioned. I was given some excellent advice by BV80 and called a bunch of consumer lawyers in my town. I got some free advice and then actually paid a very small fee to get excellent advice. Look for a motion to dismiss on this board and them post it for help.
  11. I was not happy at all and I called them up the next day to inform them of their mistake. The woman who answered the phone at first told me that I was wrong but"had to check with her supervisor" and lo and behold.....there is no freaking fee to file a counterclaim in my county if it's for less than $2500. I hate when people don't do their jobs. How hard is it to add $1,000 plus $1,000? Then again they would have had to be able to read too.
  12. Midland is notorious for reaging accounts which is a violation of the FDPCA. Ka-ching that's $1000 in a counterclaim.
  13. In that case your date of default is 2009 NOT 2011.
  14. Florida Rules of Civil Procedure 1.420 states that if there is no activity for 10 months then you can file a MTD for lack of prosecution. Then the plaintiff has 60 days to "do something" and if not then the judge has to dismiss the case. Are you out of SOL or close to it? Here's an excert from FRCP 1.420: (e) Failure to Prosecute. In all actions in which it appears on the face of the record that no activity by filing of pleadings, order of court, or otherwise has occurred for a period of 10 months, and no order staying the action has been issued nor stipulation for stay approved by the court, any interested person, whether a party to the action or not, the court, or the clerk of the court may serve notice to all parties that no such activity has occurred. If no such record activity has occurred within the 10 months immediately preceding the service of such notice, and no record activity occurs within the 60 days immediately following the service of such notice, and if no stay was issued or approved prior to the expiration of such 60-day period, the action shall be dismissed by the court on its own motion or on the motion of any interested person, whether a party to the action or not, after reasonable notice to the parties, unless a party shows good cause in writing at least 5 days before the hearing on the motion why the action should remain pending. Mere inaction for a period of less than 1 year shall not be sufficient cause for dismissal for failure to prosecute. I have a document ready to go for this in another case. Just waiting for the SOL to run so that when they refile it will be out of SOL.
  15. You need to check to see when you made your last payment and see when Midland is report that you "opened and account with them." Midland is notorious for re-aging accounts on your CR. In my case, the last payment I made to the OC was 9/2007 and Midland listed it on my CR as 9/2008. They list that I "opened and account with them" in 9/2008. Also, they charged interest, so the amount went up. I used that in my counterclaim. I think they are scrambling because the SOL runs out in October 2011. I'm hoping to get it dismissed so that way it will be out of SOL bythe time they try to sell it again or refile.
  16. I believe you can type the case name into google scholar and print it out. I've used it before.
  17. Mclovin: There is a link for SOL's at the top of each page in the forum. For NV it is: 4yrs Oral 6yrs Written 3yrs Promisory 4yrs Open ended Check ot the State Statute: NRS 11.190
  18. I live in FL and have looked at the cases filed by several JDB's in my county. What I've observed in my county is that in cases where the defendant can't be served the cases just sit on the docket. I went to a consumer lawyer who informed me that in a case where the plaintiff does nothing for 10 months the defendant has to file a motion to dismiss for lack of prosecution. Then the plaintiff has 60 days to do something or the court will have to dismiss the case. I have a situation where my husband was sued in the wrong county. We answered and advised them that they violated the FDCPA and they still filed an affidavit and "account docs" (a copy of the last statement). We were never sent the docs I found out from checking the docket so I don't know what they actually are. It's almost 2 years since they filed anything so I'm going to wait until the SOL has expired to file a MTD. What county are you in?
  19. I agree. It is a fabulous idea. I too would like to be involved. Not that I have much to bring to the table being so new at all of this. I think what you are doing is very noble. Those dirtbag JDB's have no conscience or backbone and prey on widows, orphans and good people who've been hit by hard times. I'm all for sticking it to them any way we can!!!!
  20. I was intrigued by your thread and googled to see if anything would come up. I found a link to GACC where they describe how to buy debt from them and it talks about purchasing affidavits. Check it out: http://www.gacc.biz/faq.html
  21. I've been following your posts and I too am embroiled with those dirtbags. I filed an amended answer, defenses and was actually able to file a counterclaim with 2 counts. Midland re-aged the account on my CR. I want to see how they explain that one. If they have no proof of ownership perhaps they might be inclined to dismiss my case. I'm just waiting to see what they do. I doubt they will be able to prove it. I'm not going to back down no matter how frightening is seems. Congratulations to you for your victories and thank you for inspiring me.
  22. Are you considered the head of the household for IRS purposes? Does anyone in your household have a disability or are you a single parent supporting a child? There is an exemption you can file with the court so that they can't garnish your wages. Check it out.
  23. The Clerk's office sent back my motion because they said I had to pay $295 for my counterclaim. I researched the fees for my county and they were wrong. Because my counterclaim is for less than $2500 there is no fee. I am sending it back to them Priority Mail Return Receipt Requested. I originally filed it in person, but am sending it back by mail. Everyone should make sure that they know their county's rules and fees because it I hadn't looked it up I might have been foolish and paid for no reason (not that I have $295 to spend). This Midland thing is driving me crazy!!!!!!!!!
  24. So in the mail today was my Motion for leave to Amend my Answer, Affirmative Defenses and to file a counterclaim. The form they attached stated that I have to pay $295 to file a counterclaim. I was told that there was no filing fee if the counterclaim was under $2500 which it is. Anyone know anything about FL law????????????????????? I will call the clerk tomorrow and ask, but it was really weird the day I went to file my papers. The woman seemed like she was having a bad day and to say she was rude is being kind. She took my stuff and basically chucked it into her "in" basket. She could have told me that there was a fee or we could have had a discussion. I am not happy.
  25. I have been out of the paralegal world for quite some time, but I remember that in order to cite case law one had to make sure that the cases had NOT been over-turned etc as you asked. I think you can type in the cite and read look to see if there is subsequent case law. Again I am dusting off my brain here. I too am curious if you are correct. You are very thorough and many of your posts have helped me in my fight.