Jimmytheweed

Members
  • Content Count

    28
  • Joined

  • Last visited

Community Reputation

10 Good

About Jimmytheweed

  • Rank
    Newbie

Profile Fields

  • Location
    Florida
  1. I attended court ordered mediation last week. I didn't want to settle and I thought I had alot going for me but...apperently in Florida, if the moving party has statements, it means they own the debt and that is the only proof they need. I really don't agree with it but I was shown the law and that is what it says. On the other hand, I have abuse of process claims as well as FDCPA and FCRA claims I want to raise as a result of the JDB's attorneys still playing games. We settled for 50% with no interest. I now get a bill showing payments for the entire amount with interest. I have already made
  2. I have court odered mediation in Broward county next week. I think I am set but there are so many people on here with great ideas and things I never thought of I figured it wouldn't hurt to put this out there. I have posted about this case before but here's what has happened so far. Charged off CC suit, Midland is the plaintiff. Never served a summons, sent a DV, scumbag local lawyer filed my DV with the court as "defendant's answer", I sent a letter and filed with the court that they were wrong doing that and demanded ammended filing. Then received an MSJ. I filed a Opposition to SJ and motio
  3. Thank you Saint. I have already addressed all these items in my motion in opposition for summary judgment. Obviously the judge at least read it and agreed or they would have their MSJ already. I did not know about the statute you sited and will research it and difinatley use it in mediation if not before.
  4. I knew that someone tried to serve me when I wasn't home but didn't know who. I called Midland to get their address to send them a DV because it was on my credit report and they said that it was turned over to legal and gave me the local attorney's address. They filed several motions. I responded to all of them but the court clerk kept telling me that the judge won't see theirs or mine because I was never served and there is no affidavit of service. I am thinking about "Abuse of Proccess". In many ways it is the very definition. n. the use of legal process by illegal, malicious, or perverted m
  5. This has been going on for a while so I will recap briefly. Sued by Midland in South Florida for a charged off CC but I was never served and still have not seen a summons. Court public search shows it was active since May. I sent a DV letter and then JDB's atorneys filed it as my answer. They the tried to get a SJ which I opposed. They tried to get a SJ again which I opposed and then filed a motion to strike their bill of sale and Midlands affadavit. Then there was a motion to set a hearing but I am out of town until September so I filed for a motion for continuance. Now I get a letter for med
  6. Itr wouldn't be a bad idea to share this information with your prospective landlord. Sometimes they will interpret the credit report for themselves if it is obviously inaccurate. I had some problems when I applied for a mortgage for my last house and just explained what the errors were and how I was "planning" on correcting them. Try it, can't hurt.
  7. I posted the first draft by mistake. The motion I filed was opposition.
  8. MIDLAND FUNDING, LLC., IN THE COUNTY COURT IN AND FOR BROWARD COUNTY, FLORIDA Plaintiff, CIVIL DIVISION XXXXXX, Defendant, Pro se CASE NO.: XXXXXXXX MOTION FOR DISMISSAL OF SUMMARY JUDGMENT Comes now the Defendant, XXXXXXXXXXX, and files this REPLY A
  9. I filed a motion of opposition the summary judgment with memorandum of law and a motion to strike bill of sale and affidavit of bill of sale 2 weeks ago and have yet to hear back from Midland's attorneys. I will post both soon.
  10. That makes sense. I was just wondering since they have screwed up so many other dates like, they listed this account with the CRAs before, according to them, they actually owned it.
  11. The affiant's name is Kay Ostmoe. Yes, from MN. I am also wondering about the date of the affidavit. It is May 9, 2011 but the suit was filed March 30th. Shouldn't they have had that at the time that they filed suit?
  12. As I thought, I received a notice of Midland's motion for summary judgement. I am uncertain of what I should include in my response. I have not been served but did send a DV. Midland's attroney filed it as my answer. I sent and filed a more extensive DV with a letter stating that I had not been served and don't know the details of the case. There are multiple things wrong with their paperwork. Bill of sale is not specific to any account, they listed my account with the CRAs before their bill of sale was dated and it's the typical affidavit with a midland employee as the affiant. Where to begin
  13. As I thought, I received a notice of Midland's motion for summary judgement. I am uncertain of what I should include in my response. I have not been served but did send a DV. Midland's attroney filed it as my answer. I sent and filed a more extensive DV with a letter stating that I had not been served and don't know the details of the case. There are multiple things wrong with their paperwork. Bill of sale is not specific to any account, they listed my account with the CRAs before their bill of sale was dated and it's the typical affidavit with a midland employee as the affiant. Where to begi
  14. I was researching what little paperwork I have from Midland's case against me and I noticed that their alleged bill of sale from the OC is dated after they had reported it to all 3 CRAs. Is that grounds for a FCRA counter claim?
  15. Do not send a DV letter. Search for my other posts. It's not always a bad thing but can confuse the issue and cause more work for you.