formerpara

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Everything posted by formerpara

  1. Hey Florida666, I just had to file a motion for leave to amend my answers, affirmative defenses and I also filed a counter claim because my plaintiff JDB re-aged my account on my credit report. I found a consumer lawyer who helped me a lot and it put my mind at ease. I also filed discovery to the slimebags and will see what happens after 30 days. I am expecting to have to file a motion to compel production of docs. What county are you in? Send me a PM if you want.
  2. I couldn't agree with you more. Your comments were very well stated. They got my C & D letter and DV request 20 minutes after that woman called me. I hate stupid people!!!!!LOL
  3. Yes the debt is within SOL. This is the 2nd JDB on it in a year. The first one was Vital or NCO don't remember. Anyway, I'll just have some fun with them.
  4. Thanks. I will just make them validate the debt and see where it goes. This one I might pay for delete. I'll see what I can do. If I were to pay them in full, do I run the risk of them selling it again????
  5. They called me at work today and I told them they couldn't and Tiffany Lawson from AFNI argued with me. 20 minutes later I faxed them a C & D letter and request for validation. They are located in IL does anyone know if they are licensed to collect in FL?
  6. I filed an answer but should have filed a motion to dismiss because there was NOTHING attached to the complaint. See what the people from CA on this board suggest.
  7. In my state I didn't file the discovery requests or requests for admissions with the court. Only a notice of filing.
  8. Here's another link from this board that is also helpful. http://www.creditinfocenter.com/forums/showthread.php?t=304897&highlight=1099c%27s
  9. Here's a link that will help you better understand the 1099c thing. http://www.debt-consolidation-credit...highlight=1099
  10. The form you received is probably a 1099c. The best thing to do to aviod paying taxes on it is to use IRS form 982 which is used to claim insolvency. There are threads on this board about it.
  11. Are you able to look online at the court docket to see what cases have been filed? I live in FL and was able to see the complaint before they served me. I got scared when the process server almost broke the window of my front door by pounding so hard so I took my dog and hid in the bathroom. My husband accepted service the next day. If you can search the docket by your name see if you can see the complaint. At least that way you'll have a head start on what to do. The people on this board are amazing and you will have everything you need to fight off the dirtbags!! Good luck and try not to stress out over it (I should follow my own advice. LOL)
  12. BV80, I googled the rule from a few posts above and the poster is from IL. I don't know ANYTHING about IL. I barely know anything about FL law. Anyway, the attorney I went to told me to file a motion for leave to amend my answers, affirmative defenses and file a counterclaim. I had to also file a notice of filing with the court. Next she told me to prepare Discovery requests, i.e. production of docs and requests for admissions which I did. Each of those required a notice of filing, but the Req. for docs and req. for admissions directed to plaintiff DID NOT get filed in court. Only sent to Plaintiff but the Notice of filing for both appears on the docket. Midland re-aged my account so that was part of my counterclaim in addition to the fact that they called my brother & HIS mother-in-law. Talk about embarrassing. Anyway, I'm hoping that the slimebags will want to dismiss in light of my recent activity and "papering of them" Hee Hee!!!! THey have yet to prove they own it or have a chain of custody. I'll keep you posted.
  13. I got a similar motion from Midland and basically it was BS. I took BV80's advice and went to see a consumer debt lawyer. I hit the jackpot because she is on her own and used to work for a JDB. She told me to file an amended answer, defenses and I was actually able to file a counter claim for 623 violations on my credit report. I pounded them with discovery this week so I will see what happens. My complaint contained NOTHING so let them prove it. Follow the advice of these smart people who have walked down a similiar road. Good luck.
  14. I hope I have as much luck as some of you had. I just bombarded Midland with lots of paper this week. Took the advice of the brilliant minds on this board and consulted an attorney for some guidance. Luckily the person I chose had experience with dirtbags like Midland. I told her I wouldn't settle with them because they had to prove they owned it. She helped me amend my answers, defenses and actually drafted a counterclaim because those jacka**** re-aged the account on my credit report in addition to calling my brother and HIS mother-in-law. Midland's complaint was filed out of one of their attorney's offices in Miami then they filed a Motion to Strike my answer out of a different office. I bet they have nothing and are trying to scare me. The attorney I went to was very impressed with my knowledge and all of the documents I was able to drafted thanks to this board. She said that she likes to help people and having "walked on the dark side" by working for a JDB she sleeps better at night now. She said that when she appears in court that the JDB atty's are not happy. If I need her, I will hire her, but I hope I can handle it myself. Again thanks to everyone who answers these posts and congrats to those of you who have beaten the beast!!!!
  15. If they send you 1099c's next year there is an insolvency form to file with your taxes so you won't have to pay on the 1099cs. I think it's form 982?
  16. Janism34 There is a sample motion to compel in a separate thread. Just search "8 Steps to Crush Midland Funding" and you will find sample motions.
  17. I would send a copy by CMRR for your records. You filed it with the clerk, but common sense to me would be to mail it to them, get a signature that they received it. I don't trust anyone when it comes to something important like this. Just a suggestion.
  18. Also followed BV80's advice and called a lawyer I found in another case that was filed in the local county court. SHe is giving me a reduced fee for a consultation, sooooooooo I'm going to prepare my discovery and bring it along with me. She said that I shouldn't Object to the Plaintiff's Motion to strike my affirmative defenses so that is a relief. I will let you know what she says. I found some FL case law for motions to dismiss the complaint in other pleadings that were filed in similar cases in my county. Manatee County FL allows you to see the documents that appear on the docket.
  19. Are they going to 1099 you for the difference? That could be a problem with your taxes in the future.
  20. Thank you SO much for your suggestions. I was letting this get to me yesterday and I lost my focus. I am back on track now and I'm going for it. Preparing Objection to Motion to Strike and I'm requesting discovery. Filing everything by Friday and hopefully can stop being so nervous. My husband is dying so this crap really pisses me off. I truly appreciate everyone's time and suggestions. Wish me luck:)
  21. BV80 or anyone out there......... I am looking for some FL case law for my response. Any ideas?
  22. I've been looking but can't seem to find out how long I have to file a response to the MTS. Also, what should I file with it?
  23. I am preparing my objection to their MTS my Affirmative Defenses and hope to have a draft later today. I'd appreciate any feedback from anyone and everyone willing to help.
  24. Is Midland supposed to file the Motion to strike with the court? It's not on the court docket yet. I got it yesterday and it was mailed on 2/23/11.