Doggybiscuits

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About Doggybiscuits

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    Indiana
  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 su
  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 hav
  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 Warrantie
  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 agai
  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