bluejayjack

Members
  • Content Count

    20
  • Joined

  • Last visited

Community Reputation

11 Good

About bluejayjack

  • Rank
    Newbie

Profile Fields

  • Location
    Nebraska
  1. Ok so I've been on the fence about settling or fighting - and after my phone call to the Plaintiff's attorney yesterday to ask if they had any new evidence or a list of witnesses to help them prove their case - the lawyer replied "Just like during the motion to compel hearing - I can only go on what I've got - which is what we provided you - Ican ask but I can only go with what the client has provided me and if they don't supply me with it then I simply don't have it to offer." Gosh - really - you don't have it to offer - there in lies the whole problem with this case - but I digress - I was
  2. Ok - so the judge's order from the pre-trial indicated that all motions have to be filed and heard 14 days prior to the trail - so seem like this isn't an option for me on this one - I am just going to have to learn how to object and object well when they present their evidence - my question is - do I object as they are giving their opening statement and presenting the evidence or is there a better time after opening statement is complete and when I present my side of the situation in response and pull out all the state statutes and state case law regarding heresay and incomplete document is f
  3. HotWheels96 - I have been searching the state Statutes regarding motion in Limine for the State of Nebraska and trying to find a good example of one - do you happen to have any suggestions? Thanks for your reply
  4. . From BV80 . Was the dismissal voluntary by the plaintiff? - yes it was voluntary 2. What is the date of last payment on the account? - December 2009 Who is the named plaintiff in the suit? Midland funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Brumbaugh and Quandahl 3. How much are you being sued for? $3000 4. Who is the original creditor? (if not the Plaintiff) WAMU - then Chase 5. How do you know you are being sued? (You were served, right?) served 6. How were you served? (Mail, In person, Notice on d
  5. Thanks kutuzov - quick question - do you have an examples or links of a settlement stipulation agreement or (nda)? Also - if this is settled with the jdb - is there any recourse with the OC? Again thanks for any help
  6. Ok - I have a trail date set for 7/19/13 in Nebraska. Here is some history to catch everyone up: What: Lawsuit - being sued by Midland Funding LLC How much: Original debt $2500 - now with state laws allowing interest - around $3000+ Where - Nebraska Original Creditor: WAMU then Chase History 1) Served April 2012. 2) Tit for Tat discovery in which no response by Midland 3) Filed motion to compel - date of hearing - case dismissed without prejudice Current 1) Re-served by Midlands for same debt March 2013 2) Sent discovery - no response - filed motion to compel 3) Motion to
  7. Ok - I have a trail date set for 7/19/13 in Nebraska. Here is some history to catch everyone up: What: Lawsuit - being sued by Midland Funding LLC How much: Original debt $2500 - now with state laws allowing interest - around $3000+ Where - Nebraska Original Creditor: WAMU then Chase History 1) Served April 2012. 2) Tit for Tat discovery in which no response by Midland 3) Filed motion to compel - date of hearing - case dismissed without prejudice Current 1) Re-served by Midlands for same debt March 2013 2) Sent discovery - no response - filed motion to compel 3) Motio
  8. Hello Flyerfan - thank you for your response. I have requested in the "request for documents" both the credit card account and purchase agreement - to which they have not responded (and we are past the 30 days per state statute for responding). They replied to the admissions - so I can't motion to have them deemed admitted save for any items they objected to, but it is the interrogatories and the request for documents that they have not responded to. Additionally, our state statute has a rule regarding the remainder of or related writings or recorded statements - in which during the pre-tri
  9. History in brief. Sued by Midland F. for a Chase debt. Engaged in the tit-for-tat dance. Answered the complaint, sent interrogatories, admissions and request for documents. Got bogus repsonses of deny, object, deny, object and so on. Then received their interrogatories, admissions and request for documents. DENIED DENIED DENIED. However, based on exhibits received from them including a blantantly obvoius incomplete bill of sale with NO names, etc, I consequently sent an additional request for documents and admissions.......crickets - no response. Trial date is set, but not a word, So I
  10. I hate it when I feel stupid - but I have tried using the search and can't come up with anything.... So I am asking the more experienced: Yesterday - I had a small victory against Midland in that they dismissed a case without prejudice after I filed a motion to compel for the entire Bill of Sale package. I posted my success here...... However, When I got home - there was a dunning letter (aka settlement offer) in the mail from the law firm that brought the lawsuit against me and it stated - For Settlement Purposes Only Ok - so one would expect that during a lawsuit - the plaintiff suing would
  11. I can not tell you enough how much this site has made a difference in my life in regards to JDB cases. I have had two lawsuits that were brought against me dismissed without prejudice because I held my ground and was prepared to fight utilizing the tools I have found here. So thanks to everyone for that. Now - I would still like some help. Both of these cases were dismissed without prejudice. When I originally responded to the claim - I offered affirmative defenses based on lack of standing - and both cases were dismissed because neither JDB could demonstrate standing. So - what are the
  12. Thanks for the feedback - I dropped it but pursued a motion to compel and the judge has granted a hearing for my motion. I hope I can do myself justice in standing my ground as to the reasons and necessity for providing the information. Wish me luck on that one
  13. I think I may have caught the law office representing the Plaintiff for my case in a lie - but not sure and need help determining this: Questions leading to possible lie: In the original discovery requests - specific to the request for admissions - I asked the following: REQUEST #10: Plaintiff admits that Midland Funding, LLC/Midland Credit Management, Inc. did not transfer alleged collection assignment rights over to Brumbaugh & Quandahl, P.C., L.L.O in order for them to collect Midland Funding, LLC alleged debt. Here is their response: Objection, form, relevance. Without waiving any