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Ms_Nomer

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Ms_Nomer last won the day on March 15 2010

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  1. One more thing RaRa - did you send your first requests for admissions / discovery via registered / certified mail? If so, use that evidence to back a motion to compel discovery from the plaintiff. Always, always use some sort of tracking / affidavit when mailing court-related documents. Keep your receipts for proof of mailing, as well as for compiling when you SUE FOR COSTS after you win your case.
  2. CIT bank filed chapter 11 in 2009 and struggled for several years to regain its financial footing / restructuring. If CIT Bank is the original creditor, it would now be impossible for Midland to use, or claim to intend to use anyone from CIT regarding the authenticity of the alleged account or its "assignment" to Midland. The experts here are correct as they continue to remind the rest of us - junk debt collection threats are usually just smoke and mirrors. The PLAINTIFF (Midland) must prove its case - the defendant is not responsible to prove the debt is not their own. Document. Meet court deadlines - don't skip court. Keep copies. Send plaintiff attorney correspondence via mail affidavit or certified mail. Remain calm. Research civil procedures and rights within the state you reside. Do not allow the opposing attorney to intimidate you with empty threats, a bunch of paperwork that utilizes 'big words' or by filing a complaint in court. Education and common sense go a long way.
  3. I have another possible scenario - with all of the many state complaints piling up regarding Encore Capital (Midland Funding), perhaps they've decided to tuck their tails and skidaddle (dismiss) court activity if they lack standing in court jurisdictions now more heavily scrutinized? Midland is no longer flying under the proverbial radar with its highly publicized, notoriously problematic practices.
  4. Thanks to you both - I've no plans to default... Just want to make sure the steel toed boot I'm wearing to court is the biggest I can possibly wield.
  5. If they claim to have purchased the alleged account? I'm trying to match what WI state stats require for evidence of ownership or legal standing with whatever category Midland falls under. Yes, I'm slow lately. Please bear with me. I appreciate any assistance. I truly have been reading and trying to get things to sink in and am not looking for a proverbial 'free ride' here. Will certainly share what I learn once I've put it together and held Midland to task.
  6. I am looking for WISCONSIN statutes with matching court decisions in regards to dealing with Midland, who claims they are not a 'creditor' and not subject to pleading requirements of wi stat sec 425.109. Which pleading requirements or evidence requirements are they subject to? I understand it is necessary to do my own proverbial homework, but health issues are currently fogging concentration here. I appreciate any help.
  7. I look forward to the day when JDBs are required to provide the court with strict, authenticated documentation of ownership and the status of a payable account, prior to filing illegit complaints in the court system - where for now, they drag ill-prepared, civil-procedure-uneducated 'plain folk' to hell, back and beyond.
  8. Yesterday, I found a very interesting article regarding the current trend in utilizing MDT rather than MSJ. I will try to locate and share within a few days. Thanks for all input.
  9. Coltfan, in case of site monitoring, might I share my email so we can discuss privately? It has been noted that Midland often fabricates missing materials or supplementation if they are made aware of their short-comings, prior to trial.
  10. You'll find many quotes of his online, casually dismissing the over 5.7 million dollar verdicts against Midland's fraudulent practices in state and federal courts. Quite a guy that J. Brandon... Pfft.
  11. ...as well as a lack of standing. Many issues
  12. If I've just answered my first set of ROGS from the plaintiff, but know the case is riddled with "evidence" that doesn't meet statutes... wouldn't I file MTD? If you suggest a SJ, please explain why one or the other would be the best route?
  13. I'm sorry for the babble. My head is swimming. In a debtor's MTD, the debtor sites their own state's (WI) statue rules that apply to plaintiff infractions. The list is made and the judge is asked to dismiss and remedy. Given that reference, if you want to explain how the infraction applies to your case, do you put a summary of things on an attached addendum with signature affidavit? (Did that make sense?)
  14. This applies to oral statements only I presume? Examples given were of oral, court statements. (Just wondering if I missed something?)
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