Doggybiscuits

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About Doggybiscuits

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  1. I recently had my motion for summary judgment and the court denied Plaintiffs motion for summary judgment. The court also denied there motion to have their witness testify telephonically. I then received a settlement from Midland to do a mutual dismissal with prejudice. I am beyond excited this has been a long battle and I thank everyone for your advice. Now I have to work to get this off of my credit report. If you have any advice on how to do that will be great.
  2. Yes this is an old debt. When we went for the Motion for Summary Judgment the lawyer got in court and said Judge the Defendant has presented that there are genuine issues for trial. But they want summary judgment for my counterclaim for violation of the FDCPA. We are set for trial next month. If you can give me some pointers on questions for trial or anything you can offer would be great.
  3. When I first got sued, I was so scared. But after reading this forum and following everyones lead that has gone through this. Midland Funding is very easy to beat, don't give up! Im not in California so I don't know much about your law but I am sure if you look around the site you will come across a great example. What I have found in my fight against Midland is just mimick their paperwork. Just like my motion for summary judgment I countered everything in my paper to what they are saying. YOu have to show at least one material fact of dispute. Be prepared to state that at the hearing. Make sure you submit your: 1.) notarized affidavit 2.) have some case law to back up your claim. I dont know what they included in your case but I challenged their affidavit as well as the contents in that I did it in my conclusion and I made subpoints like they did. ***I am in Indiana if I understand your question will judgment be entered at the hearing. Meaning they can start collecting from you right away. From my experience no they have another motion of some sort to have you answer to asset and wages. So that would buy you some time if you wanted to file BK and not have to deal with the headache of appearing and warrants issued. But if you have other debts or you financial situation is strained. I would look into seeing a BK attorney and discuss your options such as a Chapter 7 or 13 that way you can rest easy and get your life back on track.
  4. When we got to the hearing the lawyer tried to get me to settle with him, I said no thanks. When we got into the court room the Judge looked at him and said its your motion so you go first. He said that the Defendant(me) shows in her opposition for summary judment that there are genuine issues for trial. So we go to trial Nov. 12. They however wanted a motion on my summary judgment on my counterclaim. The judge said we should have our ruling in about a week or so.
  5. Today was my hearing on Plaintiffs Motion for Summary Judgment. When Plaintiff's counsel arrived they asked to speak with me and offered a settlement. I said no thank you. So we get in the courtroom and the Judge says to the Plaintiff "its your motion so you go first" He then says, "Judge the Defendant has presented her oppostion to summary judgment that shows there are material issues for trial" So the Judge affirmed the trial. Has anyone has experience with Midland that think they will dismiss after this. I have a counterclaim so do you think they may want to do a mutual dismissal?
  6. Sorry So late! I just had my Summary Judgment hearing against Midland today. I formatted my opposition just like theirs. But I titled it Defendations Opposition to Plaintiffs Motion to Summary Judgment. In their Introduction I countered what they were saying. If you have more questions let me know!
  7. I just wish that Midland Funding would just leave me alone. They filed on March 15, 2011. Then a year later we had a scheduling conference that set a trial date for 11/12/12. I just recently was served with a Motion for Summary Judgment where I sent in my oppositions. I also filed a motion to strike an affidavit from their affiant on hearsay rules. The only proof they have is a statement and a bill of sale saying they own the debt which was purchased from CACH not original creditor. I would like to know what your experience was during this stage. I would have thought that by now they would have given up because I have been putting up a fight from day one.
  8. Cach, LLC has enterd into a purchase Agreement dated May 28, 2010 with a Closing Dtae of May 28, 2010. as amended by the closing Statement dated May 28, 2010 for the sale of Accounts described in the electronic Account Schedule provided to MIDLAND FUnding upon the terms and conditions set forth in that Agreement. Now therefore, for good and valuable consideration, Seller hereby sells, assigns and transfers to Buyer all of the Sellers rights title and interest ineach and every one of the Accounts described to Exhibit A to the Agreement THis bill of sale is executed without recourse or Warranties except as stated and provided for within the purchase and sale agreement. Buyer and Seller agree tht the PUrchase Price shale be as stated in the Closing Statment, attached to the agreement. THis first restated assignmnt and bill of Sale amends restates and superseds in its entireey thta certain assignment and Bill of Slae dated May 28th 2010 by cach llc in favor of midland funding
  9. I am being sued by Midland Funding. They were able to strike my request for admissions due to me not supplying a hard copy. I plan on using this one I found in the forum They are trying to dismiss my counterclaim for not validating my debt I need help with that one. They only have a lawyer statement saying that they did validate. Plaintiffs Motion for Summary Judgment Plaintiff, Midland FUnding LLC as asignee of MBNA, by counsel, provides the following for its Motion for Summary Judgment: 1. Plaintiff moves the Court, pursuant to Indiana Trial Rule 56, to enter judgment for Plaintiff and against Defendant for Plaintiff's COmplaint, in the amount of 2559.75 all costs with relieft and statuatory post-judgment interest. 2. Plaintiff further moves the Court, pursuant to Indiana Trial Rule 56, to enter judgment for Plaintiff and against Defendant for Defendant's COunterclaim. Plaintiff request that Defendant take nothing by way of her Counterclaim. 3.Plaintiff designates the following documents for which it relies for purposes of this motion: a. Plaintiffs Complain and Exhibits b Plaintiffs Motion for SUmmary Judgment c Memorandum in Support of Plaintiffs Motion for Summary Judgment d Affidavit of Ashley Hoffman Exhibit A legal spe******t e Affidavit of Attorney 4. Plaintiffs Motion of Summary Judgment establishes a prima facie showing that no genuine issue of material fact exists and that Plaintiff is entitled to judgment as a matter of law. 5 Pursuant to Indiana Trial Rule 56C Plaintiff requests a hearing on its Motion for Summary Judgment. Wherefore, Plaintiff request that the Court, pursuant to Indiana Trial Rule 56 (1) enter judgment for Plaintiff and against Defendant for Plaintiffs Complaint in the amount of XXXs all cost with relief and statutory post judgment interest; ENter judgment for Plaintiff and against Defendant for Defendants Counterclaim. and 3 award Plaintiff all proper relief.
  10. Hey did you win the case? I am up against this law firm and Midland and would love some help especially for a counterclaim