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Everything posted by Carvone

  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
  14. So SOL does start when you stop making payments or does it start when they charge off the account?
  15. That's exactly what it is and I look forward to it but what can I do or file in the mean time to make them look worse than they already do?
  16. Another Update - I filed my Opposition to their second MSJ and within a week or so they file to have a hearing??? WTH are they trying to pull here? They have provided me with nothing in the discovery phase, which is technically still ongoing and now they want a hearing....they appearing telephonically of course. Nothing is signed by the judge yet though and probably wont be. Can I file a motion to dismiss this whole thing based on them not providing any proof? If not what other motion can I ram down their throat? Cant wait to see these guys in court. Thanks
  17. Coltfan: I viewed that video back when he made it and will review it again if I ever get a chance to go to court. Legaleagle: I found another member here that had the same MSJ from a different lawyer so it is definitely a standardized form for them. No change in judge that I have seen? BV80: Thanks for the case law, I was able to use the last one. Seadragon: I think you missed my update post. No trial date or anything has been set yet. Thanks all, printing out my Opposition now and it looks good.
  18. Carvone

    Word Game

    boat hull hull chine
  19. Carvone

    Word Game

    bandits boat boat hull
  20. Carvone

    Word Game

    time bandits bandits boat
  21. Carvone

    Word Game

    cosidering time time bandits
  22. UPDATE TIME... I sat back and did nothing for the last four months and out of the blue Midlands lawyers file a "Motion for final Summary Judgment", Go figure. They even had the chutzpah to attach the same robosigned affidavit in their support that I already filed a motion to strike on the first time they used it for a MSJ. the nerve I tell ya. Here is what is in the MSJ. 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 the attached affidavit. 2.plaintiff is entitled to summary judgment 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 605 (Fla.1975). 3. Plaintiffs prima facie case, if rebutted only by the defendants general denial is insufficient to avoid judgment against the defendant. Sherman v. weitraub 132 So 2d 421 ( 3rd dca 1961) accurate metal finishing corp vs. carmel 254 So 556 ( 3rd dca 1969) Ham vs. Heintzelmans ford inc. 256 So 264 ( 4th dca 1971) Edwards vs. Trulis 212 So 2d 893 ( 1rst dca 1968) 4.Any affirmative defenses by the defendant have been specificaly rebutted in Plaintiffs affidavit. 5. Plaintiff has previously filed their affidavit in support of their MSJ with this court. Obviously I am going to file another Opposition to Summary Judgement. Question is, should I send the last Opposition and Motion to strike along with the new one? Do I file another "motion to strike the affidavit"? And what is my move after that to put a stop to this? Should I file a motion to dismiss? Or?? I still have not received anything back from my discovery except the denial of admissions and that was back in September and NOTHING has been ruled on by the judge and NO court dates or anything have been scheduled? Does this sound strange to anybody else? Thanks for your time.
  23. Admin - Actually it really doesn't bother me, I have been waiting for over two months since I sent them my requests and all I have received is their admissions which were lame at best. Coltfan - It was your replies in other posts that led me to make this new thread, saying not to MTC then saying don't just sit around doing nothing. I am fine waiting on them to make the next move. I check the courts website daily and it lists everything about the case. This is all being done through an in-state lawyer of course, they did send me an "offer to settle" about a month ago. I will admit I was a total noob on civil law but this site is now a daily read for me, I am having fun with this litigation stuff. All the better since it seems MCM has acquired yet another alleged account bearing some semblance of my name and I had to send another DV letter to them. I thank you both for your replies.
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