Carvone

Members
  • Content Count

    30
  • Joined

  • Last visited

Community Reputation

10 Good

About Carvone

  • Rank
    Newbie

Profile Fields

  • Location
    Florida
  1. Thanks for the replies, We are prose and I understand that it is part of discovery but they haven't answered any of our discovery as of yet (just like my last JDB) but we are still sending it out. This is the fourth set of attorneys we have run through and this guy seems to be hell bent. I am trying to run up their bills to astronomical levels and so far I think they could have given my the house cheaper than this. So should I go in there looking like a bumbling idiot and then blow them away at trial or should I go all 'Coltfan' on them right from the start?
  2. Has anybody ever heard of the Plaintiffs attorneys taking a deposition of the defendants in a foreclosure case? Seems strange since we are in the beginning stages of discovery and they come up with "we want depo's"? What could they possibly ask? If we ever took out a loan? This can all be done in discovery, I think it's a scare tactic but wanted to see if any of you have heard of it. Thanks
  3. What they sent you is garbage and the same crap they sent me right before they dismissed. The first two letters are standard forms created by midland saying you owe them money, proves nothing. The third one is from the lawyer for midland saying you owe midland money, still proves nothing. If that is all they have then this will be a super easy win for you. Send them back a letter saying you received what they sent you and the alleged debt is still disputed. Make them spend money to file a suit on you and then make them dismiss it.
  4. Just keep filing motions to strike anything they file, they will give up the day of court as they have no real paperwork, they are just trying to scare you. Hang tough and wait for them to fold.
  5. I think most courts are this way now, I know it's like this in Florida, you can follow right along and know what the lawyers are filing. My Plaintiff filed everything with the court that they sent to me, so I did the same thing and sent every motion, discovery, documents, whatever that I sent to the lawyers I also sent to the courts. Be to be safe.
  6. JDB's buy in bulk, so it wouldn't be surprising if they ended up with more than one of your alleged accounts. I doubt they would pursue a second lawsuit if you have already beaten them once and they know you wont back down. Unless they had much better paperwork in the second case and they thought they could win. Fight that fight when it comes and find out what they have in discovery.
  7. No court date had ever been set, we went through discovery and then they filed a MSJ and set a hearing date, I opposed it and we had the hearing in the judges chambers for about ten minutes. The judge denied their MSJ and gave them a couple months to produce more paperwork (their standing to sue was the major one he wanted to see). They dismissed right before that next hearing, obviously they lacked any proof. The dismissal is already showing up on the courts website and I expect the judge will sign off on it within the next week. I will say, the lawyers and the judge were very professional in the way they handled everything. I was always on the lookout for some 'slight of hand' from the lawyers but they followed the law and never tried anything dirty.
  8. I do realize that a dismissal w/o prejudice means I can be sued again on this matter up until the SOL runs out, but I honestly don't think they are that silly. Midland paid $310 in filing fees and the lawyers worked for free, only to dismiss the case once I challenged them.....they would have to be silly to refile again. I'm sure I haven't heard the last of this, they can still call / send settlement letters and Midland will probably bundle this one with many others they couldn't collect on and sell it on down the line to a lower level JDB who will try to harass me into a settlement. I will fight the next fight when they throw the first punch, with a lot more confidence than I had in this last fight. I have to say, I didn't know what an "answer" was at first and a couple people on here told me I should seek an attorneys help, but I was determined to learn and spent many hours reading and researching (like many others on here) and I am now ready for anyone who wants drag me into court::USA::
  9. I can actually see why they enjoy it now. At first everyone is terrified they are getting sued, but the more knowledge you acquire and the more you understand that the Plaintiff has absolutely nothing for a case is when you start getting excited about beating them. I am glad it's over, but deep down I wanted my shot at them after all the studying I did, maybe next time.
  10. This is exactly what you can expect.
  11. Here is my last update thread from the beginning of the year http://www.creditinfocenter.com/forums/there-lawyer-house/310284-whats-my-next-step-midland.html#post1145486 I have only been to one hearing with the judge in his chambers, lawyer was on the phone and the judge gave them another couple months to come up with something proving they had standing to sue. Of course they couldn't provide anything and on the day of the following hearing I got a "Voluntary dismissal without prejudice" letter from them in the mail. At least they didn't take it all the way to trial and make me show up to drop this case. I would like to THANK everybody who responded in my other threads and to those that had documents and case law posted that I scoured through. If anybody in Florida needs documents or case law to work with, I would be glad to help. You can PM me if you want. Thank you for this website for it has been a wealth of information.
  12. Exactly what I am looking at right now, this week is "voluntary separation week" and they pay you quite a bit to leave. I am thinking hard about starting my own business.
  13. Carvone

    Hey, Hey!

    Sounds like a very nice time