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  1. I was wondering if there was any lawyers or if anyone knows any lawyers in AZ that could help me sue Midland and Td Auto Finance. I WON in court WITH prejudice against Midland stating I owe them NO obligation Nov. 7th, 2011 and they are still reporting on my credit file even when I have disputed the information it comes back verified. I have also sent the bureaus the court documents and STILL it comes back verified. This cannot be legal!! Td auto finance is stating on my credit file I owe them a balance but when I call they cannot tell me why or how I owe them money just that I do. SO please tell me how it is legal to supply this information on my credit file? I have disputed and I have contacted them for validation and have asked them to send me how I owe them and it comes back verified and/or they ignore my requests. I have PROOF that I have a $0 balance with them and yet here I am trying to fight and get it off my credit for a year now!! I have also sent Trans and Experian investigation requests and they NEVER even esponded so I sent them goodwill letters to still investigate and STILL no response!! HELLO!! Anyone home at Trans or experian!?!? AM I the only one that is ignored and having such a hard time getting INCORRECT information taken off my credit?!?! I have proof it is not correct and yet here I am with this negative information and I cannot get off. So I am just done and ready to take the next step because writting the AZ district attorney and complaining to the FTC have done NOTHING!!! SO any help-ideas-lawyer information?!?!?! THANKS!!
  2. I did dispute it in Dec and sent the court documents and it did come back verified that is why I sent Midland the letter...
  3. I won in court against Midland in Nov. 2011. The court documents state that judgment is in favor of Defendant (me) Type: Justice Civil Case Status: Adjudicated MIDLAND FUNDING LLC Plaintiff N/A Frederick Dias Date (F)or / (A)gainst Amount Frequency Type Status 11/7/2011 F: ME $0.00 Costs A: MIDLAND FUNDING LLC 11/7/2011 F: ME $0.00 Attorney Fee A: MIDLAND FUNDING LLC 11/7/2011 F: ME $0.00 Principal A: MIDLAND FUNDING LLC and the judgment is WITH prejudice. SO my question is-Can Midland still report on my credit file even if I won in court and the courts state I don't owe them any money obligation? If they can what can or can't they report? The amounts they are reporting for collections are ridiculous!! The amounts they are reporting are for lawyer fees and whatever other fees they tacked on to the collection amount. I sent the credit bureaus the court documents and asked that the information be deleted from my credit file and they sent me something back that it came back verified. I called Midland and they stated that to them it still shows an open account and it is in the lawyers hands and they have not gotten any information from the lawyers so to them it is still an open account. I of course called the lawyer who stated he did notify them and why dont I as a consumer take responsibility and step up and notify the bureaus myself. -Dont think he was happy that I beat his lawyer butt in court!! A pregnant WOMAN with no idea what she was doing BEAT your lawyer degree BUTT! ANYWAYS I decided I would send Midland a goodwill letter. Here is my letter: Nov. 2011 I went to court with the law firm Jerold Kaplan to whom you assigned to sue me. At that time the courts made judgment in MY favor stating I had no obligation to pay you and therefore owed you no such monies you were suing me for. Here we are in January. 9th, 2012 and you still have not updated my credit information. This is my only goodwill attempt to have you clear up this matter. You have 15 days to cure because you have already failed to notify the credit bureaus within 30 days after the court date. I also tried notifying the credit bureaus myself to which they responded that you are stating the information listed on my credit file is true and correct. This listed item is entirely inaccurate and incomplete, and represents a very serious error in your reporting information on my credit file. Please delete this misleading information from my credit file. Under federal law you had thirty (30) days to notify the credit bureaus and yet you have failed to do so, so please do not delay any further. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection act. Failure to respond within the 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking at least $5,000 in damages for the following: -Defamation -Negligent Enablement of Identity Fraud -Violation of the Fair Credit Reporting Act -Reporting inaccurate and false information After obtaining the judgment against your company I will obtain a Writ of Execution from the Sheriff’s office in your county and I will begin the process of attaching property or funds to satisfy the judgment. This notice is an attempt to correct your records and any information received from you will be collected as evidence should any further action be necessary. SO they recieved it Jan. 12 and I am just waiting to see what they say or what comes back...I dont know if I should call them or just wait for them to respond...? But again with my question-Can they still report it?
  4. I had gotten a loan for a car through Chrysler Financial, I had the car for a little over a month and was hit head on by another driver (not my fault) and the car was totaled. Long story short the other persons insurance paid the car off AND I ALSO had GAP insurance-not that it should have mattered the other insurance paid the car off. Well I thought it was all taken care of I went and got another car and life goes on. I was young and didn't know or care about my credit because besides my car I never "needed" anything that required me to get credit-never got a credit card or applied for a store credit card so I never cared to look or check my credit until of course I realized I needed it to get into a house one day...and also for rental purposes-and not that my credit is awful or anything BUT realized it needed to be monitored. Well low and behold Chrysler was reporting a balance of $550 from the car that said sold/charge off and with a negative credit history. Well Chrysler was sold off to TD Auto Finance so when I found out they were reporting this of course I called. The 1st call took me awhile to get anywhere because they couldn’t find that account number and I had to send a written request for information. Well finally they sent me a letter stating I had a $0 balance with them so I think ok well I will dispute this on my credit and get it taken off. So they take off the balance but the account status and history stay the same. So I again dispute and make sure I add that the history and status are wrong, well this time it ALL comes back on my credit. SO I call TD and speak with someone and the first person say on no no the title was sent off to the insurance company and you have a $0 balance I will send you another letter stating so and I letter stating we will make changes to your credit. SO I again get the $0 balance letter and a general we will make changes to your credit. So I send THAT off to the credit bureaus thinking it will come off but nope comes back verified. SO make another call to TD and was transferred here and there to finally speak to someone that says oh you actually do have a balance and the information on your credit is correct….hmmm really?!? So why was I told I had a $0 balance and WHY and HOW do I owe you money? So they do the whole we don’t know they were mistaken and we will send you information on why you owe…ok fine with me if I owe I owe. SO all I get in the mail is a copy of my contract, NOTHING else. How does that provide me with how I owe you any money? SO here I am with this negative information on my credit and no one with TD auto finance can tell me why. The car accident was in 07 and just FYI my car payment was NOT $550… What are my steps now? Do I call TD again? I dispute it and it just comes back verified even with sending the $0 balance letters AND the we will make the changes to your credit. Do I ask for verification that the title was sent off? If I owe them (which I don’t see how-again I ALSO had GAP insurance) then I have no problem going from there but they can’t seem to tell me HOW or Why I would owe them anything just that somehow I do. Do I just take this to court? Sorry So long! And thanks for any advice or suggestions!!
  5. I FREAKING WON!!! 8-)8-)8-)8-)8-)8-)8-)8-)8-)8-)8-)8-)8-)8-)8-) Can you believe it?!?! I got the judgment in the mail and it says judgment in favor of defendant and that I don’t owe any money and it is WITH prejudice!! BO YA Mr. Attorney!!! You can take your skipping out of the court room and shove it!! Not exactly sure why or how I won but I DID!! So I wanted to share with others that you may feel defended but look I won!! All I had to do was show up and fight!! I will try to stay on here and give advice when I can because I know how scary it can be to fight but if you just lay there you are certain to not win! Good luck everyone and I hope you have an awesome outcome like I did!! xdancexxdancexxdancexxdancexxdancexxdancex
  6. Let me tell you I was a nervous wreck!! I did not feel prepared at ALL. SO I check in and sit down and here comes the Mr. Attorney…oh and of course this time it is the big attorney of the office! Of course!! So they send him into the court room and then call me up and send me in. I sit in the front row-not at the desk because boy that seems intimidating. So they brought a court reporter and of course Mr. Attorney comes up to me and does the whole can we settle this? So of course I do the whole why would I again pay something I don’t believe I owe. So he goes well we have statements and you are still saying you don’t owe… So I am like wait what you have statements and he goes here they were attached to the Summary Judgment. So he hands me a copy and they are statements…EEEEK with my name, the account, my old addresses, and the statements of the account…they have two statements. SO I am kind of freaking out! But I was like I don’t recognize these and how come I only received these in this moment and not before? Any ways he says he you agree to sign an affidavit of frauds we will dismiss this case, so I say fine whatever…mostly because I wanted to cry at this moment and mostly I just wanted him to leave me alone. So a lady comes in and again is a clerk NOT a judge…? So Mr. Attorney goes I think we have reached an agreement and I interrupt LMAO I couldn’t help myself and say well I do have an issue with something. I said I have a default judgment out right not that plaintiff as not responded to. In AZ if you file a counterclaim Plaintiff has 25 days to respond and if not then you can file for a default judgment to which they have 15 days to respond and THEN if they still don’t respond you file for a motion for default judgment and at that point it should be granted. Well I was day 10 of just my default judgment BUT I was just kind of hoping to stir the pot because of course the lawyer goes we still have a few days. And she goes we technically…I then say that Plaintiff never responded to my motion to compel that was granted by the judge. So the clerk was basically like so why didn’t you respond and he said well we produced all that we have so basically the clerk sided with them saying well if they gave you all that they have what more do you want? SOOOOO Mr. Attorney wasn’t happy because Miss Clerk then asked so is this going to trial then…? And I said I don’t see why not there seems to be a lot of issues. Oh how mad was Mr. Attorney at this statement he he!! SO they call up their witness. And he asks generic questions like you know firsthand how business is done and you have firsthand knowledge of records BLAH BLAH BLAH oh and I guess I should mention that the witness WAS the same lady that signed my affidavit. *sorry I forgot my notepad with my questions* But I asked things like: Did you ever work for the original creditor? How could you have firsthand knowledge when you never worked for them? Her job title? What she did on a daily basis? How records are kept and transferred and stored after they are done with them? How many people in her position? How many records she looked at daily? If my file was a “complete” file based on her work knowledge? –this is the question I believe screwed me because she answered with something like, "well we have all your information if that is what your asking, your social, name, address, phone number…all you information was provided to us and was connected to this account." And I go ALL my information huh? And she goes yes. Mr. Lawyer was standing next to me the WHOLE time I interviewed the witness –who appeared telephonically by the way. Kind of annoying-like go sit down!! SO lets make this a little short…the clerk seemed to be on Mr. Lawyers side because when I brought up that I never received these so called statements in disclosure she came back with well you have them now don’t you…LIKE WTF?! The only questions he asked me was if these were my addresses on the statements and I said at one point they were but anyone can send you something in the mail and that doesn’t mean it is a true statement and these statements were copies and in AZ they should be originals or certified copies and of course he came back with this is what we were provided. Blah blah blah But I got to state that I do not believe I owe this and I believe they are unjustly suing me. I also stated that per their dates this is out of the statue of limitations and the clerk goes well is that anywhere in your documentation and I said yes I am pretty sure it is in every documentation I have sent it since they have not produced any sort of contract this was up as of August 2010. My counterclaim was pretty much denied right away for not stating a claim…ummm my claim is that they are unjustly suing out of the statute and wasting my time! So that was basically it. The clerk said that since there are open motions out that she will mail us her judgment… So Mr. Attorney basically skips out of the room and with the happiest thank you to the clerk. SOOO here I am picking up my papers and feeling like I just completely blew it and I lost because I just didn’t know how to fight this. The clerk was still at the desk when I just started crying LOL I couldn’t help it! I am pregnant and I felt so crappy for not just signing the affidavit in the beginning. On my way home I called everyone I told them I was pretty sure I lost…
  7. But the WHOLE time he is making that huff sound like this girl is SO dumb and doesn’t know anything!! So I felt SO stupid and defeated the whole time. I was stumbling with my words and trying to find documents…it was NOT FUN and it did kind of seem like she was a little more on HIS side UNTIL I said something to the sort of I don’t even believe I owe this debt…and this case has caused me to have to be on blood pressure meds and I am a YOUNG lady who for sure SHOULD NOT be on any blood pressure meds oh and I made sure to add that to my counterclaim to the personal anguish!! ~ So they push our original trial date back to allow time for my counterclaim (HE HE) So of course I file my counterclaim on Sept. 15. I also file a motion to have them compel to production of documents-changed up some of the documents I wanted =) I also filed an opposition to their summary judgment-to be honest at the point I filed this I still didn’t have a clear idea of what it was but I knew it was important and I didn’t at the time know I needed to oppose it I just wanted to just in case and put it out there because of time frames and I did not think they should get granted a summary judgment so my opposition to their summary judgment was kind of short but brought up some arguments to what they were saying. SO I get an opposition to my opposition to their summary judgment and to be honest I kind of read it and put it to the side….lol SOOOOO I get a letter from the lawyer saying oh we would like to settle this out of court blah blah blah…so I email him (because I want everything in writing ) saying yeah ok I don’t want to go to court. So he writes back saying oh pay us the full amount with this amount of attorney fees plus this interest… And I go wow wow wow that offer is a JOKE I was thinking you pay ME! (LOL) And he goes oh calling someone a joke isn’t a good way to settle something So I go I wasn’t calling you a joke just your offer. And then I go on to say why the heck would I pay someone when I do not believe I owe them and just because they say I owe them? I said hey mr____ you owe me $100,000 so pay me…no you won’t pay me OH because just because I say you owe me money doesn’t mean you do owe me…? Fancy that. He then says most people back down after those produce documents but that I seem pretty adamant that I don’t owe this debt and asked if it was Identity theft or if this was me not being willing or unable to pay. So I say again why I would pay something I do not believe I owe and I will fight this to the END as best as I can!! And as far as theft I don’t know at this point but that is something after this is done I will have to look into. So he send me oh there was a charge here on this date and we have the last four of the social as this and why don’t you check your credit and see. I haven’t even written him back but to me I don’t really see what my credit history and or the charge dates or even last four of a social have to do with ANYTHING!! There are plenty of things wrong with A LOT of people’s credit and incorrect information is put on people’s credit ALL the time. But he keeps saying well I don’t want to collect from you if this isn’t your debt… Anyways!!... So I file a NEW and IMPROVED Opposition to their Opposition to their summary judgment I make sure to add that there are indeed genuine issues to their material facts and that Plaintiff is trying to collect unjustly. I even included AZ laws in it WOOHOO AND they said dates of 07-08 which means this would be out of AZ Statue of Limitations so that was my first defense to their summary judgment I THEN FILE MY OWN SUMMARY JUDGMENT-even though I believe AZ law you have to file it 90 days before trial…oh well we can try right So we go back and forth with opposition to this and my opposition to that and they actually accidently sent me paperwork for someone else they are suing LMAO –that person seems to be fighting back so go them!! SOOOOO OUR TRIAL FINALLY IS HERE!!!
  8. ***FOR SURE WOULD CHANGE AND ADD SOMETHING LOOKING BACK AT IT BUT OH WELL*** My Request for Production of documents with my Answer to complaint Comes now the defendant pursuant of Civil rule 58 and requests Plaintiff produce the following documents for inspection and copying at the law offices of ______with 30 days. Documents to be produced All records pertaining to the alleged debt, including fully executed credit application, the credit agreement and all amendments, entire history of payments ad a detailed breakdown of all the interest and fees which plaintiff is seeking. In addition please provide me with all information and documents relating to your acquisition of the alleged debt, including without limitation executed copies of all assignments/transfers. Any further documents, beyond what was previously requested that clearly establish defendants liability and or responsibility to the alleged debt. Any and all written communications received by the plaintiff and or plaintiff’s attorney from the defendant regarding the reporting of the alleged account to any credit reporting agency as well as plaintiffs or plaintiff’s attorney accessing of defendants credit reports. Any and all communication from plaintiff to the defendant explaining why plaintiff may have reported the alleged debt to any of the credit reporting agencies Any and all credit reports plaintiff or attorney obtained from any credit reporting agencies concerning the defendant. Any and all notes memoranda or likewise be they handwritten computerized or typed regularly kept in the normal transaction and business of collecting debts that relate to the defendant. Kindly send the information and documents to me at the address below. -They then sent me there Disclosure Statement- The undersigned party pursuant to rule ----discloses the following and certifies that such disclosure includes all information in his possession custody and control as well as any information which can be determined learned or obtained by reasonable investigation. 1. Factual basis for each claim/defense that defendant _______entered into a credit card agreement with plaintiff/plaintiff assignor Midland Funding LLC 2. A description of the damages and copies of any exhibits that show how you calculated that dollar value of the damages. BRING A COPY OF THESE DOCUMENTS/EXHIBITS TO ANY PRETRAIL CONFERENCE THAT MAY BE SCHEDULED: That damages are computed by debts and credits to the credits to the credit account of defendant. 3. The legal theory upon which each claim/defense is based: plaintiff and defendant entered into a contract. Defendant breach of contract by failure to pay as agreed. Plaintiff is entitled to payment of the outstanding balance interest and attorney fees and costs due to defendants breach under the terms of the contract. 4. List of witnesses A. Authorized representative of the Plaintiffs/plaintiffs assignor under whose supervision the account is kept at or near the time of the transaction. It is expected that the representative will testify as to the nature of the contract, the credit card granted to the defendant, transactions on the credit card and the current outstanding balance including interest attorney fees and costs. B. Defendant C. Any witnesses that defense will call 5. List of Documents A. Affidavit of balance owed B. BofA card member agreement They also filed a request for the witness to appear telephonically. -So in turn I filed a motion to not allow their witness to appear telephonically -A motion to strike affidavit and credit card agreement -A motion to allow me to counterclaim (I am asking for $9999 for monies lost and personal anguish-MOST YOU CAN ASK FOR unless you want to transfer the case to superior and I don’t want to pay the transfer fees) -And I also filed my disclosure statement *wont post unless someone really wants or needs me to* But it basically says they have not produced any contract between me and the plaintiff and I have never had any sort of business or caused any harm to Plaintiff. SOOOOOOO we get a date for an oral argument for my motions… So I show up and check in and sit and sit and sit 45 minutes later the lady calls me up and says no one has showed up for them and they typically only give them 15 minutes and no one is answering at their office so they would like to reschedule our oral argument…UMMMM NOOOOOO!!! This is FAR from my house and I took off work for this!! She also tells me that we were going to have an oral argument on Plaintiffs summary judgment HUH!?!? What summary Judgment I never got a summary Judgment!!! BOOOO so she goes and makes a copy for me so this is the first time I even know they filed a summary judgment! Any ways she tells me I can wait and talk to the Judge about me not wanting to reschedule and he will be here in the next half hour or so, so I go sit in my car thinking if I hadn’t have showed up I am sure it would have defaulted to them but they don’t show up and they get a reschedule…oh the judge will hear this!!! SO I go back inside and go up to the window and she goes OH well he showed up!! YOU HAVE TO BE KIDDING ME OVER AN HOUR LATE AT THIS POINT!!! So she tells me what court room. I go in and I see him sitting at one of the desks but I sit in a back stall. Cuz boy am I nervous and shaking and freaking out!! Well this lady comes in and says she will be hearing our oral arguments (pretty sure she is a clerk NOT a judge-so just us three in the room) So my motion to not allow their witness gets denied because she feels it would be fair for me to be able to cross examine. BOOOOO =( My motion to strike their “evidence” gets denied because she said technically it is not evidence yet (?) huh that it is just supporting documents so she is going to deny it based on that…? BOOOOO My motion to allow me to counterclaim gets accepted IF I file it within the next two weeks. WOOHOO score one for ME!! (oh and he didn’t have much of an argument about me wanting to counterclaim HA HA) So now their summary judgment (at the time sitting in court I didn’t even know what the heck a summary judgment was and how important it was) so he goes blah blah blah and I go blah blah blah not really knowing what it is or really what it even says because I had just gotten it and believe me I let her know I NEVER got it until I walked into court today and he goes well don’t you live at ____and I go yes but again I did not get it until today!! SO she actually said she wasn’t going to rule on it because of the time frame that is was submitted in (?) So I guess woohoo for me!! So I guess their summary judgment is up in the air….
  9. THIS IS MY PERSONAL EXPERIENCE WITH MIDLAND FUNDING IN AZ So Midland Funding LLC first filed suit in Oct 2010, they got the judge to give the extension in time and because they could not serve me with the process server the judge allowed to serve me alternatively which they did so but posting the summons and complaint on my front door. Which was done June 25th I believe so I decided I better answer because this judge seems to be allowing a lot and would probably allow a default judgment since they are making a “good faith” attempt. Their complaint states: That defendant is/are residents of the ____precinct. That defendant’s spouse if any is also responsible for the debt that forms the basis of this action pursuant of AZ community property law because upon information and belief the debt was incurred during the marriage of the defendants. That heretofore and prior to the filing of this action defendants for valuable consideration enter into a contract with plaintiff or plaintiffs assignor the terms of which are attached hereto and by reference made part hereof: that balance remaining due and unpaid on said contract at the time of the filing of this complaint is in the amount of $0000.00. That said defendants has/have failed and refused to pay said balance and that said balance is justly due and owing to plaintiff herein. That said contract does provide for reasonable attorney fees which are in the amount of not less than $1000.00+(REALLY THEY WANT OVER $1000 FOR ATTORNEY FEES!!!!) if upon default together with interest. Wherefore, plaintiff demands judgment against defendants and each of them for $0000.00 interest at 10$ per annum from the date of judgment together with reasonable attorney fees of not le than $1000.00 as provided by contract, upon default, and over the limit charges and late fees as per the agreement which is subject of this litigation and such other and further relief as to the court may deem just. Attached is a Affidavit of a Ms. Kohls and states as such: Ms. Kohls, whose business address is _____Cloud, MN certifies and says: I am employed as a legal spe******t and have access to pertinent account records for Midland Credit Management Inc (MCM), servicer of this account on behalf of Plaintiff. I am a competent person over 18 and make the statements herein based upon knowledge of those account records maintained on plaintiffs behalf. Plaintiff is the current owner of and/or successor to the obligation sued upon and was assigned all the rights and interest to defendants BofA account #00000000000 (MCM #000000)(hereinafter “the account”). I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on plaintiff’s behalf. I am familiar with the manner and method by which MCM creates and maintains its business records pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business the record or compilation is made at or near the time of the act or event. The relevant financial information concerning the account includes the following: The account shows that the defendants owed a balance of $0000.00 and I am advised that such a balance will continue to accrue interest at the rate set forth in the cardholder agreement/original contact and/or as required by law. *signed in Aug 2010* Also attached to complaint is a credit card agreement from BofA, two pages that you can barely read with a date at the bottom of 1999. So I responded with my answer to complaint/affirmative defenses As follows defendant for her answer to complaint filed by Midland Finding LLC admits, denies and alleges as follows: Defendant denies each allegation made by Midland Funding LLC and/or by their attorney in the complaint, which is not specifically admitted or otherwise addressed below. All allegations of the complaint are denied unless expressly admitted herein. Answer to paragraph one of complaint: the defendant admits to being a resident of ____county but denies the rest of the allegations made in paragraph one because the defendant has insufficient evidence to determine whether the statements made are true or false (I SHOULD HAVE PUT THAT I AM IN DEED NOT MARRIED-I AM A SINGLE MOM) Answer to paragraph two: the defendant denies all the allegations made in paragraph two by Midland and/or their attorney because the defendant has no knowledge of whom Midland Funding LLC is. In addition to this to the best of the defendants knowledge has never received and information by mail, telephone or any other source about alleged debt from Midland their attorney or this said person whom signed an affidavit about alleged debt until defendant received summons and complaint. DEFENSES: Plaintiff has not provided evidence they are authorized or licensed to advertise or solicit either in print letter in person or otherwise the right to collect or receive payment of a claim for another nor to seek to make collection or obtain payment of a claim on behalf of another. The complaint fails to allege any exception or exemption to these requirements. The plaintiff is not any of the following to the best of the defendants knowledge: an attorney at law, a person regularly employed on a regular wage or salary in the capacity of credit men or a similar capacity, except as an independent contractor; a bank, including a trust department of a bank, fiduciary or a financing and lending institution, a common carrier, a title insurer or abstract company while doing an escrow business, a licensed real estate broker, an employee of a licensee, nor a substation payment officer employed by or serving as an independent contractor for public utilities. Plaintiff has not proven that they are the real party in interest. Defense demands proof of ownership specifically that the alleged account is with Midland Funding LLC with all creditor’s rights and privileges intact. Lack of Privity; plaintiff has not produced a copy of any credit card agreement establishing an obligation by the defendant. Plaintiffs complaint violates the statue of frauds as the purported contract or agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the complaint is not in writing and signed by the defendant or by some other person authorized by the defendant and who was to answer for the alleged debt, default or marriage of another person. Plaintiff fails to state a claim upon which relief can be granted. Plaintiffs complaint and each cause of action therein fails to state facts sufficient to constitute a cause against the defendant for which relief can be granted. Plaintiff has provided no sworn statement testifying to the accuracy or validity of their recollection of the alleged account. Plaintiff is not the assignee for the purported agreement and no evidence appears in the record to support any related assumptions. Unjust enrichment: plaintiff has failed to provide payment history and charge summary to verify the amount of damages requested. Unclean hands; plaintiff has concealed defendants legal arbitration right to waive plaintiff from this court venue by not producing a signed copy of the credit card agreement. Defendant claims lack of privity as defendant has never entered into any contractual or debtor/creditor arrangements with the plaintiff. Defendant reserves the right to plead affirmative defenses that may become applicable and/or available at a later time. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time including but limited to violations of the federal trade in Lending act, the Fair Debt Collection Practices act and the Fair Credit Reporting Act. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper.
  10. OK well give me a few days and I will post MY start to finish with Midland and prepare it will be LOOOOOONG!! Because like I have been saying it was a fight and a back and forth back and forth!!!! But I WON even with a witness and even with the top lawyer of that law firm showing up and even with them coming up with the statements from credit card company!! BO YA!! I win and YOU SUCK!! sorry I am just so happy!!!
  11. They had: affidavit (from Midland Employee)-she was also the witness!! Cardmember Agreement (no specific reference to you or alleged account to determine if these are the actual terms for alleged account)-generic agreement from BofA that was from 1999 Statements were copies of my statements FROM BofA with my name the account number and my addresses. I asked her things like Have you ever worked for the original creditor Was my file a complete file How would you know how the OC does business if you never worked for them How are files kept I will have to find my note pad with all my questions And I tried to object to evidence but the clerk said she would allow it...But of course I brought up a couple times that they weren't originals.
  12. Date (F)or / (A)gainst Amount Frequency Type Status 11/7/2011 F: ME $0.00 Costs A: MIDLAND FUNDING LLC 11/7/2011 F: ME $0.00 Attorney Fee A: MIDLAND FUNDING LLC 11/7/2011 F: ME $0.00 Principal A: MIDLAND FUNDING LLC I logged onto our justice court website to see if anything changed and this is what is says under judgments. And under the court status it says Adjudicated. They are suppose to be mailing me the results of the case.
  13. Ok so I filed a counterclaim to which the plaintiff has 25 days to respond, well they never responded SO I filed for a default judgment for them failing to respond. BUT they have 10 business days to respond WHICH technically is not up until this Friday. SO actually probably Thursday I will send Motion for default judgement for failure to respond to my default judgment. lol get it...so basically I have a default judgment that has a few more days for them to respond to it.
  14. SOOOO they are going to mail us our results...WTH?!!? Don't really feel it went well in my favor however. It was a clerk NOT a judge that was over our trial. First question she asked the Plaintiff was how much was the credit card for... ALSO they never responded to my motion to compel that was signed by the judge and never said they were going to produce statements in their disclosure BUT the clerk allowed them to submit it into evidence anyways... They also had the lady that made the affidavit appear telephoncially which went ok she obviously didn't work for the original creditor. I did get to state that I do not believe this is my debt and that I believe they are trying to unjustly sue me and that they have NOT produced a contract of any kind. And the statements they have are not originals and although they have my old addresses on them doesnt mean I owe because anyone can send you something in the mail saying you owe someting and that even doesnt mean they actually sent it to those addresses. I also mentioned a few times that this is out of the statute of limitation as of August 2010 BUT that didn't seem to do anything. I also have a default judgment out right now that technically they have until next Monday to respond to but you bet on Friday I will be sending a letter stating that judgment in my favor due to default for not responding. But I think she did not make a ruling because they have not made any judgments on my summary judgment, my default judgment still has a few days and who knows what else they havent ruled on because it takes them a month from the time they get it to rule on it. BUT I DO NOT think I got my counterclaim because I failed to make a claim?...my claim was that they are suing out of statue of limitation and that they are unjustly suing when they have no sort of contract but that is what the plaintiff said was that I didnt have a claim to base it on and she seemed to highly agree with him. SO I guess I will have to file for that default on Friday and just see what happens. I really am hoping it it still in my favor BUT from how she was to me (very stern and allowed them to do whatever!) but maybe she will actually read all the things I have submitted because they have no right to sue me out of the statute and produced no sort of contract... Thank you for all the positive vibes but I think I still need them!! LOL I will make a new thread when I find out how my case ends...if it doesnt end in my favor you bet I will be appealing!! because how can they sue out of statute of limitation!!!??
  15. Thanks GameViod I leave here in 30 minutes because of course they are suing me on the other side of town!! Can't wait for it to be over!! But I for sure either way will have a break down of everything just to see if maybe I did anything wrong or hopefully all the things that I did right!
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