Moon Shot

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About Moon Shot

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  1. Thanks unusualsuspect, interesting....Anyone have thoughts on how this might change the collection efforts/dynamics of the case?
  2. Just received a letter from Rothberg Logan & Warsco LLP re: alleged account acquired from Unifund and now owned by RLW Accounts, LLC. I've done a Google search and I'm unable to locate RLW Accounts, LLC. Does anyone know who they are, where they're located or any other information? Also, has anyone heard of or had dealings with Rothberg Logan & Warsco, LLP? Just trying to gather information at this point. Thanks in advance. Jane
  3. I'm thinking about submitting a letter to the judge with my expansive Discovery request and ask for the Court's indulgence of a vigorous and expansive Discovery Process based on the previous Midland cases I referenced above. Any thoughts, suggestions? ____________________________________ COMES NOW Defendant XXXXXXX, appearing pro se, and files this requests the indulgence of the Court to permit a more expansive and vigorous Discovery process for the Defense due to the August 11, 2009 opinion of U.S. District Judge for the Northern District of Ohio David Katz that the Plaintiff (Midland Fundi
  4. I'm attempting to create a box. See what you all think and if this will work or if you all have ideas on how to approach this. As a lay person I think this is potentially explosive stuff for anyone being sued by Midland Funding. On 6 levels I think this might work. 1. Defendants can request greater latitude from the judge during the Discovery process due to the insidious nature of Midland business practices which has the effect of tainting the legal process. So we might be granted a more thorough and vigorous Discovery process. 2. It creates grounds for dismissal 3. Creates grounds for appe
  5. I think I'm on to something that may be of great interest to people on this board. The long and the short of it is an Ohio District Judge has ruled that Midland Funding LLC has routinely engaged in false and deceptive business practices by submitting false affidavits in which Midland employees routinely and as a matter of practice signed affidavits indicating personal knowledge of debts when they in fact do not. I think I should have some leg to stand on in a motion to dismiss my case based in part on the findings of an Ohio district judge and the sworn testimony of a deposed Midland employe
  6. Thanks. I'm in the process of filing a request for admissions, interrogatories and production of documents. I'm a little confused when to refer to Target Financial services, Midland Funding or the plaintiff's attorney (Bowman, Heintz, Boscia and Vician). I know this is crucial but I'm a little confused. *Any assistance to help straighten this out would be really appreciated. REQUEST FOR ADMISSIONS 1. Admit that the law office of Midland Funding LLC is a debt collection agency as defined by both Federal and Indiana State Law, and as such, is subject to the statutes and penalties for violation
  7. Since I already filed a response, sworn denial and lengthy validation request, would it be better to file a motion to compel discovery. In addition, if I file a motion to compel, do I include the lengthy discovery request? My husband has become very withdrawn and is very depressed throughout this process. Any assistance would be very helpful.
  8. I'm being sued in Indiana and responded to the JDB (Midland) complaint by denying everything, filed a sworn denial and a lengthy validation request. The validation request covered everything I would probably file in a discovery motion or request for production of documents and at the bottom of my response I included the following: WHEREFORE, Defendant awaits Plaintiff's timely response with information showing that alleged debt exists. If such information is not produced in a timely fashion, Defendant prays the court dismiss this claim with prejudice. I am getting very close to the 30 day peri
  9. I'm being sued in Indiana and responded to the JDB (Midland) complaint by denying everything, filed a sworn denial and a lengthy validation request. The validation request covered everything I would probably file in a discovery motion or request for production of documents and at the bottom of my response I included the following: WHEREFORE, Defendant awaits Plaintiff's timely response with information showing that alleged debt exists. If such information is not produced in a timely fashion, Defendant prays the court dismiss this claim with prejudice. I am getting very close to the 30 day per
  10. The cause against me was dismissed without prejudice and affirmed by the judge about 2 days after the motion was submitted by the plaintiff's attorney. I don't know that I have the guts to go so hard at JDBs but Having said that, I'd like to go after Midland Funding for my incidental costs of postage, copies etc....but more importantly, I'd like to have a judgement of dismissal with prejudice and use this process to remove the reporting, trade lines etc and removed from the reporting agencies...etc....sort of a first step toward credit repair. In your view, what is the best way to do this
  11. I've read your posts and I too would like to pursue an aggressive strategy resulting in the cause dismissed with prejudice as well as removal of the bad credit reporting. Having said that, I don't know how feasible such a strategy might be. At this point, I am unaware of any reporting violations so I'm not sure what I could hang my hat on besides the fact that I filed a lengthy validation request and a sworn denial with the court. I've already spent a great deal of time, energy and money sending certified responses, reading etc... I have a very common name and I indicated in my validation req
  12. Midland Funding through their attorney sent me a Motion For Dismissal, without prejudice. "Plaintiff, by counsel, moves the court to dismiss this cause versus XXXXXX, without prejudice" So far I've followed the advice of the folks on the board and things appear to be going in the right direction. Many thanks. There are two letters and I think I'm to sign on and turn into court. However, what are my options? Can I file a motion to have the cause dismissed with prejudice? If so, is this wise and what would I need to do? Thanks
  13. Very interesting ruling from Oct 9th 2009 "She also pointed out that the firm's computer records confirmed "Slamowitz's complete lack of involvement" in the Miller case until Nov. 30, 2000 -- months after the Miller case commenced." http://www.law.com/jsp/article.jsp?id=1202434402475 "Noting that Cohen and Slamowitz issued "no fewer than 211 debt collection letters" on July 18, 2000, she said the volume of business by the firm, "coupled with practices followed in the Miller matter, supports the conclusion that debt collection letter and litigation documents were regularly mass-produced at [up
  14. It can be difficult and time consuming to respond to requests for digital data, particularly metadata. Meta-data comprises all the ancillary notes and audit trail surrounding a given record (a given e-mail) . . . the system logs showing when a record was created, who accessed it and when, how and when it was changed, to whom it was forwarded and possibly much more. Metadata can illuminate an auditor or detective about the status, the history or the security of the record in question. Does anyone have any knowledge about how debts are sold and the format in which information, records and data
  15. It is my understanding that e-Discovery requests are increasingly being used in large litigation cases due to their invasiveness and costs to comply. I am a defendant in a credit card debt suit and am curious if this might have merit as a lever. I don't know enough about how debt purchasers acquire, store and transmit information but this strikes me as a novel approach. Does anyone have any thoughts about exploring this avenue? If so, how might I begin to flesh out a strategy? Appreciate your thoughts.