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About Mteezy

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  1. Well, I lost my case. I just recieved a judgment form 4 saying " It is ordered and adjudged: Plaintiff's Motion For Summary Judgment is Granted. I don't see how I lost. I told the jugde that they didn't have any affidavit or or chain of custody letter. The judge told me that I could appeal his decision. He said that I should of sued Midland LLC for their FDCPA violations and that he didn't want to get into trouble by giving me too many tips on how to handle the case. He basically said he had to grant the motion because of my tardiness in answering the complaint etc. By the way, the attorney representing Midland was pissed something terrible when I started telling the judge about the way Midland operates and the violation the attorney and his company did. The Judge didn't rule the day of the trial, he waited until the following week to do so. What should I do now? How happens next? How do I know what the final jugement will be? Do I just wait for now? Help....
  2. Thanks. They handed it to her in person thinking that she was my wife. You are right that it is a violation of the FDCPA. Well, I have to be in court at 9:30 am today so I better get a couple hours of sleep.
  3. Well my court date is tomorrow, on my birthday:roll:. I decided to hit the lawyer for Midland with all my information tomorrow. I didn't answer any of there discovery requests etc. I will ask the judge for permission to state them at trial. I will also bring up my argument for which the lawsuit should be dismissed. I will ask the judge to rule tomorrow regardless of the outcome because I'm moving out of state to ND and would hate to have to come back too soon. Any further advice would be highly appreciated. Under the FDCPA, is it manadatory that they state how much they acquired the debt for? They sent the "Complaint" to my mother yet they stated that she was my "Wife". I want to use everything possible to my advantage tomorrow.
  4. Okay. I got my answers to Admissions, Interrogatories, and Discovery completed. So, how do I file them? Do I just send them certified mail? Thanx:)
  5. Okay BV80. I'm going to get my answers sent over to the Plaintiff. Then I'll file my Oppostion to Motion For Summary Judgement. Just curious, should I send over an Intent To Defend as well or would that be unnecessary. I'm thinking it could stop the case dead in it's track because I know deep down inside there banking on me not showing up.
  6. Thanks for looking. I'll have to ask around about 8 & 9. I don't think it's any of there business to know that. My answer to #6 would be none, as I haven't answered any requests as of yet. If that changes then alright. Without a Motion to Compel, I should be alright.
  7. Interrogatories 1. Identify, giving the names, addresses, and phone numbers of persons known to the Defendant to be witnesses concerning the facts of the case and indicate whether or not written or recorded statements have been taken from witnesses and indicate who has possession of such statements. 2. Set forth a list of photographs, plats, sketches or other documents in possession of the party that relate to any claim of defense in the case and cite to any portions thereof that relate to the claim or defense. 3. List the names and addresses and phone numbers of any expert witnesses whom the Defendant proposes to use as a witness at the trial of the case. 4. For each person known to the Defendant to be a witness concerning the facts of the case, set forth either a summary sufficient to inform the Plaintiff of the important facts known to or observed by such witness or provide a copy of any written or recorded statements taken from such witnesses. 5. Set forth an itemized list of all payments alleged to have been made on the subject account, specifying the date of any such alleged payment submitted, the amount of payment, the method of payment such as check or money order, and any relevant identification for such payment such as check or money order number. 6. Please list all previous or pending civil actions in which the Defendant has been a party, specifying the state and county where such case was filed, the case number, the current status of any pending litigation and the date of judgment and judgement roll number of any previous litigation. 7. Please list all previous or pending criminal action in which the Defendant has been a party, specifying the state and county where such case was filed, the case number, the current status of any pending litigation and the date of judgment and judgment roll number of any previous litigation. Documents Requested 1. All correspondence, records, contracts, or other information or documentation of any nature and kind whatsoever, which relate to the transaction at issue in this lawsuit as well as all transactions you have had with Plaintiff in any way. 2. All documents identified in your answers to Plaintiff's written interrogatories 3. All letters, reports, or other writings in your possession from any experts involved in this case in any way. 4. All statements of any witnesses or other persons claiming to have knowledge of any issue in this case. 5. Proof of all payments made to Plaintiff. 6. All documents that you mailed, sent, or gave to the Plaintiff. 7. All documents that you recieved from the Plaintiff. 8. All doucments in your possession that relates to any cloaim or defense in the case. 9. All documents which you propose to introduce at the trial of this case.
  8. So I guess the only thing left is to get a Motion to Dismiss Summary Judgement written up. I'll make sure I'll include the fact that the Plaintiff did not seek a Motion to Compel and went straight to Summary Judgement. Thanks a lot. Any templates for a Motion to Dissmiss Summary? I have a couple already though so if you don't have any then that's fine. I think I'm going to go ahead and file my answer to there requests. It should make court a little easier on everybody.
  9. I will call a attorney and seek advice. My question is though, can I answer the Interrogatories and Request for Production of Documents at trial verbally? If not, then by filing these before trial, would it push the court date back?
  10. Okay, cool. If I were to file a Discovery Request to the Plaintiff, I think that it may hurt my case. The reason being is that they may make up more junk affidavits to come at me with. I think I have enough info to win my case. Still, I can do all this on the trial date correct? I think my arguement would be better in front of the judge. I don't feel the need to talk to these schemers. Did they send Interrogatories and Request for Production of Documents along with the Request for Admissions? Yes.
  11. Yes, the statements showed charges and the date of the last payment made. I got you on the admissions. Now how do I file them? Should I just wait till the court date and hit them with my Motion To Dismiss Summary Judgement and my response to the Admissions? I don't think I have to file a Motion To Compel Discovery. I can do it verbally in court according to SC Civil Procedures. Oops, sorry. I can do it verbally. I just corrected it.
  12. Just some copies of monthly statements. No signed agreement or bill of sale.
  13. I only found 1 case for Midland Credit where it looks like they filed the case and didn't take it any further. No dispostion was stated and the status says active. I found a horde of LVNV cases that were disposed of so that's where I'm currently researching. Thanks once again. I'm beginning to see that almost all the dispositons won by LVNV were cases where they won by default judgement. Out of the 10 dismissals I've read so far, neither defendant had an attorney. Almost all the "Dismissals" I see were won by Rule 41(A). Rule 41(a) states the following: a) Voluntary Dismissal: Effect Thereof. (1) By Plaintiff; By Stipulation. Subject to the provisions of Rule 23©, of Rule 66(a), and of any statute, an action may be dismissed by the plaintiff without order of court (A) by filing and serving a notice of dismissal at any time before service by the adverse party of an answer or motion for summary judgment, whichever first occurs, or ( by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim. (2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice. Still digging. Beginning to find that many cases were dismissed after "Notifice of Roster Publication Sent":eek: Also found a lawyer that represented a defendant. I'll have to give a call.