Jenniferinneed

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About Jenniferinneed

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  1. Without, the 2nd statement was in error. As for the SOL if the account was mine, the SOL is 4 years I believe, the account they are trying to attach as mine states the default occurred in later 2008? They dismissed the lawsuit 4-13, wouldn't a JDB be out of the SOL to file suit again given they must file suit within that 4 year SOL? It is so confusing, my biggest issue now is the paper work with all the account numbers blacked out with magic marker ( black ) has anyone EVER received discovery with all account #'2 blacked out? what would be the purpose in doing that. If one requested discovery as proof to verify an original debt, how could the party being sued be verified with account numbers blacked out, is that not fraudulent discovery in some way? I could type anyones name and address on some offical looking document and pass it off as anyones, if that would pass the sniff test.
  2. I fought Midland funding for over 2 years on a lawsuit they filed against me for a debt they said was mine. Over 2 years of motions and all the BULL, them not showing up for hearings they scheduled all kinds of things. Mid April just before pre trial hearings they dismissed the lawsuit without prejudice. I realize that leaves them open to do whatever they want. Their original claim was that they were successor to a credit card that was supposedly mine....DESPITE the evidence they sent in discovery was a different GENDER then me, totally different name obviously or address! They even sent some false affidavit which I objected to and so much more.......... Then when I fought them on all this, they SENT something with MY NAME and ADDRESS, with all these account numbers blacked out with a MARKER ( if that were ME WHY mark out all account numbers with black magic marker? ) Somehow they got my address, because even 1rst court notice had my correct address, but the later in discovery when I fought this the evidence they sent was the diferent person and gender, totally different address and County very far from me obviously, and THEN later got something with all the account numbers marked out, only thing relevant was my name and address! This debt was supposedly over 8K I THINK, and so towards mid April after all this crap they dismissed the lawsuit with prejudice ................ NOW Midland CREDIT management just sent me ( June, today's date ) a collection notice for over 12K ( this is obviously the same false fraufulent thing as before but a bigger amount! ) Midland funding and midland credit are one in the same right? What are they trying to pull now, in any case, if the DEBT had been valid or MINE the Statute of limitations has tolled, they said this bogus debt was from late 2008. The Statue in Florida is 4 years right, they dismissed without prejudice, am I going to go through all this AGAIN...............I have 3 hairs left on my head from this last 2 year ordeal already..... I want this whole thing off my Credit report too, they are such a scam, what can I do please help me.
  3. This is the 2nd persons personal information I have received in the midst of documents sent by MIDLAND. The latest has an Attorneys name, and I contacted the Attorney so he is aware, the other person did not have an Attorney, it was all her alleged debt to MCM, and Midland, notices and such, if there was an Attorney listed I would tell them, I did try and contact the [person ] but got no response. The entire bunch at Midland need a severe scolding, their fraudulent affidavits, blacking out account numbers and presenting it as evidence? And so much more. They are careless, and can't keep their documents straight, if we ran business's like this we'd be out of business, how are they still in business? Can I go around and buy fake debts, old debts and such file lawsuits and hope to win on summary judgment if the party doesn't dispute and when tax time rolls around collect on all the SJ I obtained? OOPS forgot, you need a license for this! OOPS wait, if I acted this way with a license my license would be stripped, when is theirs going to be stripped? CLASS ACTION FOLKS !!!
  4. No. At the hearing where I was physically present in front of the Judge upon their request for the hearing on MSJ, that they were to attend telephonically, and didn't SHOW up by phone and when the JUDGE called them they said, we cancled that, he said he had no record of canceling, nor were WE provided a notice to cancel this hearing, until we got home THE DAY of hearing and there was a mail stating the cancelation, I still have date received, same day of the hearing is not a time to receive a notice and it was filed with clerk the day before, but again not even the Judge or I aware as said Judge called them at the hearing. He didn't rule on anything at all...he said it was wrong, they should have given proper notice for canceling ( keep in mind, we were not home yet from hearing to get the mail that came that day saying they were canceling, but again, same day mail to cancel a hearing, that we already attended? Judge said to keep our ears open, they might reschedule, nothing else said for 3.5 months after and then MORE discovery and intergatorries which have already been answered to, when they have never answered a s single request from me ( discovery ) save for what I wrote above, IF that was discovery, and some has been in others peoples names, private info on others court cases and credit info, not in my name obviously, but some a few documents recent that are in my name, but account and credit card number blacked out. According to FL Civil rules, that does not provide billing statements and other as was asked in my discovery. The big question is, how long do they have after not giving proper notice to cancel their own hearing ans I show up in good faith, can they continue to flub this was, now 3.5 months later, they request repeat discovery and interogatorries? Is that legal to do twice and what are the rules for not unproper notice to cancel their own hearing, how many shots do they get?
  5. Back in 2-11 I was served noticed of being sued by Midland for an alleged CC debt, of which I disputed, using the guidance here ( post is here somewhere ) I sent my own discovery requests, filed at the court and with Midland ( certified receipt ) and was never responded to. I was sent discovery BY them and interrogatories, answered to them upon request in timely manner and still no response to my own requests. 6 months of this hoopla... I was served with a copy of Midlands MSJ and I timely filed my own motions to dismiss, strike false affidavit ( that same one they have been sued for in other states ) the State here in question is Florida, and there was a hearing at the court. Just prior to HEARING, Midland sends some info? ( My discovery request? ) MONTHS LATER? Problem is it was filings and receipts of debt ( minimal info for whoever that person is ( totally different person then me, different name, different address and they provided this to the court and filed it there too, but it was not ME, I am not talking close name, I mean a whole different person obviously.) I bring this to the hearing.....ALSO Midland Funding does not show up in court telephonically, so judge calls while we sit there and Midland says, " oh we canceled the hearing " That was it, nothing else. The Judge says nothing about my cross motions to dismiss, says they should have given proper notice to cancel hearing, but nothing else at all, so I leave. Get home same day and in the mail is Midlands cancelation of hearing, they cancel a DAY BEFORE, but no notice comes to the court or to my house until the DAY of hearing, hello, thats not proper notice. FAST FORWARD. Hearing was in MID AUGUST. OVER 3.5 months pass, no word at all from court or Midland. I get a NEW set of discovery and interogatorries from them in mail, copies of same they sent to court and a few papers that have credit card numbers and account blacked off with my name and address, I assume this is now the proof they want to show court I owe this debt? They even had some blacked out info on a couple payments ( electronic payments suppeosdely made to this CC account. Then in these same lists of papers ( proof they have ) there is someone else they are suing info attached, with her Attorneys name and address where they dismissed case...but this is not me...I am so confused as to what is going on here...can they keep doing this stuff, what to do NOW !!!! I showed up in court for the hearing ( Midland asked for telephonic hearing
  6. Thank you for the guidance and response, they are most appreciated. I guess there is no other option then to wait to see what they will do next. I am wondering if the Judge even looked at the case documents at any time, he did seem aware of the counter claim motion to dismiss, and such, but wonder if he really looked at the responses filed on each that have been presented? It just seems like if he had and after having been given no notice of cancellation of the hearing as well as WE showing up today, this may have prompted him to look a little bit further an rule one way or the other. Seriously, do any think that if We had canceled with the COURT ( as they did the day prior) but did not give the Plaintiff notice, that the judge would not have ruled right then on their summary judgment. I feel if the events were reversed the judge would have ruled right then in favor of the plaintiff. It is most aggravating that this ENTITY called Midland Funding, their sister company Midland credit management are continuing to get away with all they have. They are snakes, willing to crawl through any rock to get to their destination. ( poor example) LOL. Mentally and physically drained from this bull. I will keep all updated and thank you each for all advice, help and rooting for me! I am rooting for each of you too. I thought today would be the DAY to see what happened, but that was not to be. I feel forced without choice in giving them more chances and feel they have had enough already
  7. I wanted to update this thread as to what has occurred recently in this case. After they sent a motion for summary Judgment, I responded with case law as well as a counter claim motion to dismiss, strike affidavit ( its false, hearsay ect) noted that the plaintiff has yet to respond to any discovery requests I have made ect. There was a hearing set this month on both our motions and the plaintiff was to appear telephonically. The DAY before the hearing, I get some papers in the mail from the planitiff, these were chain of title and bill of sale documents and they were also presented to the court for hearing that was scheduled the NEXT DAY ( IF that was their attempt at a discovery request at THAT late date, and not knowing what the court holds them to in responding so late, none the less.... I was not sure WHAT these documents were, not ONE was in the parties name being sued. They were pre legal review notices from Midland credit management, the same ONE and only piece of evidence they originally sent to me, simply stating that a SUM of money was allegedly owed to BOA and that is what Midland Funding were using as discovery stating that the pre-legal review notice ( which was never received by me) since it was not responded to, somehow this formed a contract, in that it was not disputed ( you can't dispute something you never received, the only thing received was the notice of a lawsuit! But the documents that arrived the day before the HEARING, were ALL in someone elses name and address, a totally different BANK ( this was their claim of being able to sue and they had rights to this banks defaulted loans i assume and anyway, all of it was in someone elses name, NOT the party being sued and not even the same bank. So at the hearing we showed up as scheduled and went into room with Judge and they have midland funding Attorney on phone and they are confused and stated the nearing had been canceled. No notice of a cancellation of hearing and bare in mind these documents received the day before hearing and also they filed with the court were in someone elses name and a totally different bank.... Anyway the Judge stated casually that we had also filed a counter motion to dismiss and such, but said nothing more to the Attorney on phone, when he got off phone with them, the judge says you should have been notified the hearing was cancelled. I piped in with the months of this going on and is this dismissed now, he said no, to keep ear open for any other notices and such and if you hear anything respond immediately. I wonder why since WE showed up and weren't notified of the cancelation why we weren't heard on our counter motion to dismiss and such? UGH...can't believ all this time and work for them to cancel last minute, with no notice, plus send documents ( private documents of someone else, assume its someone else they are suing, file them with the court and cancel last minute, again no notice! ) What about privacy of this other person???? They have leaked because they are trying to screw so many at once, one hand knows not what the other is doing!
  8. I filed motions in opposition of the MSJ, as well as to strike the false affidavit. I took a long time in preparing the motions and used help form all sources available including the responses submitted here. I heard nothing from the court or Judge ( don't know if I would or not? ) However, in the mail recently I got copies of Midlands letter to the Judge asking for telephonic hearing dated 2 months from now ( August) so that they don't have to appear and that their case should take 15 minutes. As well they have pre-forms for the judge to fill out granting MSJ per the August hearing, with a blank spot for Judge to sign, backdated for JUNE, since no signature attached I assume the MSJ is not ruled on yet....I would THINK since I have heard nothing....could this BE that the judge has already granted MSJ to Midland? Is it legal to send a Judge a form such as this? Its AS IF they are buttering up the Judge, making his job easy and hoping he'll just SIGN the motion for summary Judgment. I added in my motions case law concerning the false affidavit they have been sending out, knowing it is false and added case law from the Judge in the recent class action and statements from the Attorney General on these false affidavits they are sending, as well as statements and case law where Midland and Defendant have never done business, had no contract and any losses they have incurred are the result of their own actions. I added a lot of case law and citations found where MSJ is improper when genuine issues of fact can be raised, which were, I raised many in rebuttal....should I have heard something from court on my own motions, or will this just go to hearing a long and Midland appearing telephonically and with their pre-fille din MSJ for the judge and he sign and grant them what they want? I am so confused and frankly I am doing this for a family member and am disabled and will need to appear telephonically as well, can I do this and request same?
  9. Whose name was used on the affidavit, and the affidavit was from MN right and signed by a notary. I have some good people here helping me as I too have been served a motion for summary judgment. Hang tight maybe we can all work together!
  10. so file a motion of opposition using my case law research with citations of specific case law pertaining to my defense and a counter affidavit, what is that please???? Also need to know the correct format. I copy all of their formats when responding so far, but have never seen a format listed anywhere in this forum for a summary judgment there are no templates here I am sorry to be such a pain in the you know what.
  11. Points well taken all. Also want to ask, there is no time frame noted on MSJ from Midland funding, like 20 days to rule, 30 or whatever. Do MSJ ususally have times attached, or time allowed to respond or refute, or will the judge just grant the MSJ right away without me having time to respond in some matter, however I am able with the help of you all and I do thank each of you for all help!
  12. Thank you, but I am a dunce. I can copy what you say here in in the defense for MSJ, it sounds good to me, but on the last you said about case law, do you mean me find cases such as what they used siting case law codes, if so, I am DOOMED , have no clue how to cite or understand cases. Must I present case law as they have ?
  13. VOIDJUDGEMENT AND OTHERS WHO I MAY HUMBLY AND DESPERATELY ASK FOR HELP. I did write up a request for discovery of documents from a template here, hope its not too late since they have recently filed a motion for summary judgment. I want to ANSWER, respond, defeat, strike, dismiss or other allowed by Florida law in opposition to their motion for summary judgment and want to send both requests ( the discovery for evidence mentioned above and any motions for the MSJ. Their defense for the MSJ was ( I will copy below) but I need to rebutt each of these defenses ( 4) as listed, keeping in mind they sent one of those robo affidavits that they were sued for recently but in another state, my state is Florida however, so this is tough! I also requested in my recent template for discovery request that the agent who signed the affidavit ( the robo signed affidavit be available to testify or other in person, not telephonically as to her proof as she alleges of these records and to produce written proof of same. PLEASE PLEASE what can I say to the 4 defenses they listed below in their motion for summary judgment. They site case law in their defense for summary judgment: 1. there is no genuine issue as to any material fact and that plaintiff is entitled to summary judegment as a matter of law as shown by attached affidavit ( the shannon mcclellan affidavit) 2.plaintiff is entitled to summary judegment against defendant based upon the grounds that its claims is established by the complaint and exhibits thereto, the affidavits filed in support of this motion and the discovery filed inthis action. These documents establish evidentially the unpaid balance owing plaintiff by the defendant Martyn V. Arnold 19 So. 791 ( Fla 1895 ; Gendzier v. Bielecki 97 So. 2d 264 ( 4th DCA 1971) Edwards v trulis 212 So. 2d 893 ( 1rst DCA 1968) 3. Plaintiffs prima facie case, is rebutted only by the defendants general denial and is insufficient to avoid judgment against the defendant Sherman vs. weitraub 132 So 2d 421 ( 3rd dca 1961) accurate metal finishing corp vs. carmel 254 So 556 ( 3rd dca 1969) Ham vs. Heintzelmans food inc. 256 So 264 ( 4th dca 1971) Edwards vs. Trulis 212 So 2d 893 ( 1rst dca 1968) ( note no discovery was provided me except for silly affidavit by Shannon Mccellan and the MCM paper saying I owed x amount, they have no statements no nothing for proof of anything just saying they are a successor, they do have some account number listed, is it mine though...I deny this and am unaware of such account!) 4.Any affirmative defenses by the defendant have been specificaly rebutted in the affidavit by the affidavit ( assumming they mean shannon Mcclellan.)
  14. What if I am a plumber and I have a contract with a customer and they do not pay the fees for services, am I allowed to wrote that off on my taxes and turn around and sell my LOSS of money to a debt plumber collection firm, let them try to collect? Seriously, there is something wrong and I could probably come up with much better analogies, however I think you see the point, but worse yet is these JDB are scamming innocent people with no proof of any debt except they said so and now doing it with fake affidavits@