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Everything posted by Jenniferinneed

  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
  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
  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
  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 Jud
  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 oth
  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. Seriou
  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
  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
  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
  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@
  15. Most importantly...........I see some are saying I should file a motion of oppostion of the SJ and motion to strike affidavit. Does anyone had a template in mind on how to do both, like what I should write in words as to my defense in this. I have searched the board here and do not find any templates for my particular instance This is Florida too, so I have to go by Florida rules.
  16. I was wondering HOW these junk debt buyers are legally even able to buy charged off accounts for pennies on the dollar, let alone charge the full rate and interest IF the debt can be proven valid. A Credit card company who charges off an account uncollected is able to write off that loss to the IRS, isn't that true? Once the credit card company writes off this loss to the IRS on taxes, they get credited ( basically ) in what they must pay in taxes as to profits, right? If the Credit Card company has written the account off as a loss and in turn they paid less income tax on their profits, thi
  17. Thanks so much, this sounds like heading in right direction, it is very scary though dealing with these law matters, if it wasn't such a scam and it would not hurt me so bad I would let it go, but they are playing dumb!
  18. I appreciate whole heartedly ALL help. I can learn from all. Void I got your PM's ,the site won't let me respond until I have 10 posts under my name here. The legal spe******t as described in the affidavit is different then the notary just to clarify that point. That was just received with motion for summary judgment 5-11-2011 is one of their exhibits they are using as proof to uphold the summary judment................and The pre legal thing ( notice of new ownership and pre legal review as it is described they attached to original complaint in FEB 2011 they say they sent in 10-2010, ( neve
  19. Thank you Dave. Does anyone know the proper way to send discovery requests in Florida for this instance? What I should ask, how it should be detailed and subtitled. I am a mess and have no clue what I am doing. When I answered complaint and discovery requests I was able to use googls search documents and the plaintiffs outline in response and faxed my documents right tot he clerk of court and they recorded them. The discovery answers also faxed to court, but sent to Midland by certified, so they could not say they never got it. Is there any Florida template already here somewhere that I can
  20. I see reference online also to fake affidavits from midland funding, but they are from another state and I am in florida, however, the shannon mcclellan affidavit shows she is in MN. This is so frustrating
  21. I guess I did not send a formal request for discovery. I have no idea how to do that I answered in the original complaint and defenses and requested strict proof and sited FRCP 1.936 ( as defense that ) they must attach statement of bills, time of each accural and such as outlined in the statute) Is it too late to do so formally if I can figure out how to? I also respnded in their discovery request ( them wanting me to validate the account basically , of which I could not and continue to deny, but asked again fro proof they are successor, that the bill is mine and so on) Thank you for respond
  22. In February I got a summons at my door from my county clerk of court that Midland funding were suing me as the successor to a BOA . no account #, no nothing. All that was attached with the summons was some MCM paper statement, never seen before this date, that says notice of new ownership and pre-legal review, it has MCM account number and says original creditor is BOA and amount of payment due. The next paper that they show as a statement is not from BOA, but says the above referenced account was purchased by midland funding LLC and is serviced by midland credit management. Date received 9-20