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About mom23teens

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  1. This forum is the greatest and it is thanks to you all that I had the confidence to go in to court and face down a snotty attorney! Thank You Thank You Thank You!!!!!! Okay...I have a few posts I put out asking for advice. I was served notice of a lawsuit against me for almost $5,000.00 by Tate and Kirlin Associates for Midland Credit. It had the crazy, false informational affidavit attached to it. I went to my appearance hearing and watched in amazement as dozens of names were called, no one appeared, and the attorney spouted off the amounts plus her attorney fees of a couple hundred dollars PLUS for each one. There was only four other people besides me. They all settled for payment plans. When my names was called my knees were knocking but I walked up in front of the judge who read the case and asked if I agreed or disagreed. I said DISAGREE and she gave me my trial date of 3 months later. I received one letter from the attorney asking for me to agree to a settlement to avoid going back to court which I ignored. I poured over this site, got my ducks in a row and on the day of court I was promptly there. The attorney for Midland was standing in the courtroom talking to another attorney. No one else was in the room. She asked my name, I gave it and she said "I'll be with you in a moment." and continued talking to the other attorney. I sat down and reviewed my notes to myself....especially my front page note that said DON'T BABBLE! DON'T OFFER INFORMATION OR EXPLANATIONS! KEEP CALM! When she asked me to join her I did so. She pulled out her file and told me what she had against me. She had two or three credit charges with my name on it from where I had allegedly charged items. I asked her if she had a copy of a signed agreement. She said No. I then asked her if Midland was the only company that had bought and been assigned this alleged debt. She started getting mad at this point and snottily said "OF COURSE THEY ARE." I didn't offer her the info that I had that showed it had been through several companies. I told her that I didn't believe she had enough proof for me to form an opinion about the alleged debt. She rolled her eyes, jabbed her pen at the paper and said is that your name and address? I politely answered yes it is.... She closed the file and told me quite hatefully that she was going to dismiss this case but it would remain on my credit file and I could go. I smiled and thanked her and said I would wait to speak with the judge. When the judge came in to the room and my name finally called the attorney stood up and called she had dismissed it. I stood up and politely told the judge I did not agree with her dismissing the case and could I object to the lawyer doing so? The attorney quickly jumped in with "Your honor I have credit purchase receipts with her name on it." I replied "Your honor, she has no signed agreement and I have proof that the company she represents is the fourth company who purchased the alleged debt and are trying to make a quick dollar off of me." If looks could kill I would be dead! The judge then asked for us to wait for a few minutes while she went to review info on whether or not I could object to the dismissal. I knew I probably couldn't object to it but it made that snotty attorney have to sit for an extra ten minutes cooling her heels while the judge checked it out. hehehe The judge came back, very nicely told me that unfortunately I couldn't object to it but suggested I look to an attorney to help me sort the matter out. She was super nice and I think she was sympathetic to me. She even gave me a smile and a Good luck wish before I left. Of course I remembered to always say "Your Honor and thank her and never call her ma'am...;-) I also asked her for permission to be excused from her courtroom when it was over. BROWNIE POINTS! She was not even polite with the other attorney! So, in a way I won, and I'm darn well prepared to fight the next place that comes along. Ironically, I received a letter in the mail today informing me I'm a member of yet another class action lawsuit against Midland. This one is Brent vs. Midland in Ohio? I'm going to opt out of receiving my ten dollar settlement....... So, I have to rush out the door, my daughter is impatiently waiting for me to take her to cheerleading practice. Thank you thank you thank you everyone! For newcomers....I'm in Illinois and at least this was dismissed. You can fight and win! Prepare, have knowlege from this site...keep your mouth shut and you can win also!!!
  2. I received a letter in the mail from Tate Kirlin and Associates offering to settle this alleged debt I supposedly owe for 25% of it or about $1,400.00. However, I am being sued by Midland Funding for this same alleged debt! I'm awaiting a bench trial in April with Midland. What in the heck am I supposed to do now? If I send anything to Tate and Kirlin could it potentially screw up my chances of defeating Midland and vice versa? Also, please could someone give me an answer to this question. I am supposedly one of the people that was a part of the class action lawsuit against Midland funding. Would this have any bearing on Midland now suing me? Any laws on this? The judge I have for this is a brand spanking new female appointed to finish a term for a judge who retired. This isn't helping my nerves much either. She seems very nice but she is fresh from being a "lawyer". On top of everything. I can't find a single solitary consumer rights lawyer in our area. Nearest I've found is several hours away from us. I am beginning to feel I am in way over my head here.
  3. I had my first appearance today in Williamson County court in Marion, IL. I was amazed at the two attorneys who sat at the tables up front that had stacks and stacks of files. They would call a name and after no answer the attorney would ask for default judgement, list the amount, stick on $300.00 worth of attorney fees plus $122.00 court costs. Before my case was called the attorneys had already racked up several thousand dollars worth of attorney fees in default judgements. When my name was called I approached the bench and ignored the attorney beside me. The judge read the complaint and asked me if I agreed or disagreed that I owed Midland Funding money. I stated that I disagreed and was given a bench trial date of April 4th at 1:15 pm. I very politely thanked the judge then asked "May I be excused Your Honor" and waited for permission before leaving. So, that part is out of the way and now it's time to start preparing the next phase? So what is next? Do I send them interrogatories and motion to produce now? I'd appreciate any help.
  4. Thanks for the advice and the links. I'm going to read them as soon as this post is finished. I'm beginning to wonder if I should look into hiring an attorney to do this for me. Very nervous about doing this. If anyone can recommend an Illinois licensed attorney who handles this stuff I'd really appreciate it!
  5. JP Morgan Chase is being sued for a whistleblower sec complaint. Found it interesting that the lady who they fired alleges that a large percentage of credit card debt sold to junk debt buyers are inaccurate amounts. Since I'm currently in the beginning of being sued by Midland over an old Chase USA account charge off I'm wondering if there is any way to use this to my advantage. Would really appreciate any thoughts and opinions on the whistleblower complaint. I'm in brain overload right now from scouring the net for something to help me get my case dismissed. Haven't "thunk" so much in years. lol!
  6. Last night I got a heck of a surprise when a car came pulling around my private posted No Trespassing driveway and ignored the Keep Out/Beware of German Shepherds Signs and my hubby's parked for the night police car. Very brave and determined process server to stand there with three trained guard dogs snarling at him through the patio door! So, I get served with papers and the process server pointed out to me that if I wanted to make payment arrangements before the courtdate to please call the attorneys office listed on the front. After I spent a few dumbfounded minutes reading over the papers and trying to figure out who in the heck this was I headed straight to the internet to start googling. I can't thank the people on this board enough for the information and the tools to fight these people. So, background info, I'm in SOUTHERN IL....evidently Cook County does things a lot differently than our 1st Judicial Circuit Court down here. I received a summons to appear on Jan 31st. I'm being sued by Midland Funding via their attorneys Blatt, Hasenmiller, Leibsker and Moore out of Normal, IL over a Chase Bank USA, N.A account that was charged off in Oct 2007. They have attached the affidavit signed by a Jeannie Loehrer from St. Cloud MN that I know from reading this board is just a bunch of garbage. Following advice on this board I pulled my credit report today to double check the information and it was reported as Charged Off by Chase then it was reported and added on 12/10 to my file that Midland Funding, a factoring company with a past due balance of $4,360.00. So, I'm starting off my fight today and I thought I would post updates along here if anyone is interested in my battle. I'm searching for a debt validation letter to fire off to them. Along the bottom of the summons, complaint and affidavit it states that "THIS COMMUNICATION IS FROM A DEBT COLLECTOR". Once again, thanks everyone that has posted to this board. I feel like I stand a chance and I'm not totally alone. I'm hoping they will quickly give up the fight when I fight back and when they realize I don't work outside of the home due to a medical condition and have no income. I'm not afraid of a property lien since we don't ever plan on selling or moving. The embarrassment of being publically sued and going to court sucks since we know most everyone around our courthouse due to the hubby's job position. So....anyone else going through it right now...I commiserate! Great way to start the New Year huh?