kparker80

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About kparker80

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  1. So, Friday 10/5/12 a garnishment appeared in my hub's paycheck with a hefty "balance still owed." He contacted payroll and they stated it was an order for wage garnishment by our good ole buddies- Midland. The kicker is- we NEVER got served anything regarding this court date/default judgement. The garnishment was our VERY first contact that we know of. We have been served in the past, appeared and are 1-1 in our victories against this bottom-feeder JDB. We did get a judgement against us previously (appeared and the judge just didn't wanna hear anything we had to say) but that was paid off July 2012. Okay, so my steps: I will visit the parish courthouse (we reside in NW Louisiana) Monday, tomorrow (maybe-are they closed for Columbus Day??) find out how exactly we were supposedly served. Once I can verify that we were not served (which I know whole-heartedly to be true!) I'll need to file a motion to set aside the judgement- correct? Is there a form for this on here somewhere? I absoultely cannot afford an attorney or I'd def go that route, we need this garnishment to disappear as quickly as it appeared. Now, LA says we have 21 days- I'm assuming the DJ was executed more than 21 days ago- will this still be valid since we knew NOTHING about it? What are my chances of getting this set aside? I'm disgusted that they can pretend they served us and get a DJ- probably b/c they knew I'd show up again and make their wanna-be attorneys actually have to work... Thanks for the help, guys- your information is how I won one and how I put up a valliant fight for the second- Help me get through this one as we dont have a clue what acct this could even be- it was just the two previously, no other outstanding debt to our knowledge.
  2. I've read it and read it- it IS indeed a statement for a zero, paid off balance detailing the recent payment made by my spouse resulting in the ZeRO balance. NOW, I'd love to sue them for this, especially since we had a disaster court appearance which resulted in a judgement against us in February ( I studied and had EVERYTHING ready but couldn't get off work for the court date and my husband is not the best public speaker and got bullied by the judge, whom had just played a round of golf with the attorney the day prior) Barring all that, What do I do? Do I contact the attorneys now? If so, what do I send- a D & C with a copy of that statement showing a zero balance? I don't believe we are in a monetary position to hire an attorney of our own at this time, either. Could they have other statements? In my letter I demanded all information on this acct- they didn't send anything but these six statements. What's my next step?
  3. Many, many moons ago I found a form letter on here asking for all statements and any other evidence from the lawyers repping Midland for a collection acct. For some reason -6 months later- they've sent the evidence in the form of a handful of copies of some statements. The final statement in their group shows a zero balance and that the full amt owed, $371 was paid on 09/02/2008 by my spouse, bringing our total to ZERO owed. We had previously questioned this collection and really had thought that we had paid this off way back when but didn't have any documents to prove this. IF they try to bring this case to court, can we just submit a copy of what they've just sent us to get this thrown out? I mean, did they just provide us with the evidence we needed to have have this case dismissed? On a seperate note, I "disputed" all of Midland's Accounts on my husband's credit reports and Midland had to stop reporting on ALL of the accounts as they were found in violation of the FCRA-but i don't know WHY they were in violation- how could I find this out? I thought it could be useful if any of these acct's tried to be collected on in court in the future. Thanks for ANY help offered- anything is appreciated, its all very overwhelming!
  4. I *think* they may have filed a motion to compel discovery...my paperwork (the stuff they mailed to me to tell me when the court date was) says they want a motion for summary judgement and/or compel me to answer all discovery. I have NOT been served these papers though-this is the whole reason the judge is resched the date. SO, technically, if i haven't been served with this *possible* motion to compel discovery, does it "count?" any thoughts?
  5. Yep, it was pretty annoying to take a day off work to sit in a courtroom for 5 minutes. (My case was the only one on the docket) I was hoping for a little more, or even a small fragment of a comment in my favor ("Stike one for the plaintiff," or "Thank you for showing up!") I'm staring a Louisiana's Code for Civil Procedure and all the words are blurring together...this is what I've found- no real definition for a timeline regarding the case and when I can send discovery....only answer it. Art. 1458. Interrogatories to parties; procedures for use Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the reasons for objection shall be stated in lieu of an answer. The written answer or reasons for objection to each interrogatory shall immediately follow a restatement of the interrogatory to which the answer or objection is responding. The answers are to be signed by the person making them. When interrogatories are served on a specific party, that party shall verify he has read and confirmed the answers and objections. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections if any, within fifteen days after the service of the interrogatories, except that a defendant may serve answers or objections within thirty days after service of the petition upon that defendant and the state and its political subdivisions may serve a copy of the answers or objections within thirty days after service of the interrogatories. The court may allow a shorter or longer time. The party submitting the interrogatories may move for an order under Article 1469 with respect to any objection to or other failure to answer an interrogatory. Is it too late for the BoP and/or request for documents? I'd really like to think of this as "extra time..." if applicable, of course. I guarantee if I had not shown up and Midland Had it would have been OVER.
  6. Ok, Midland vs Me- Midland didn't show up. The Judge is rescheduling because, since I wasn't served papers for this appearance, (Midland's attorneys mailed them to me, that's how I knew when to come) he is assuming they thought we wouldn't have court today. Does this give me time to attempt to correct my early mistakes of not sending or answering Discovery? Can I request the documents that I never rec'd but are apparently filed (affidavit, itemized statements, etc) Will Midland Atty's not showing work in my favor at all, in your opinion? Please offer advice- your info has been stellar so far!
  7. Oh, and thanks for pointing some of this out- I would have been deer-in-headlights if the Judge brought up the question of why I waited so long to tell them I didn't get the information they allegedly filed. That would have tripped me up big time since I do not have a satisfactory answer. I do appreciate all the advice.
  8. sorry if this is a repeat post. The first one appeared to disappear. Thanks. I'm learning. Like, until now, I didn't know I could ask for continuance before the hearing. My honest response is your PS AND I've only got my defense "Your honor I don't know these people!" okay, well at least my day of lost wages will benefit me in that I will know what a courtroom feels like for the next time. Can I get a copy of these alleged documents from the clerk of court so maybe I can attack their authenticity?
  9. Oh, I misspoke in my Original post. I didn't request a 10.1 conference, they merely stated that I HAD the option to request one. I am hoping for a Continuance at this point...I certainly could lose on my mistakes for this one but I have to try to fight because I don't owe Midland anything in my opinion. Thanks for the suggestion. I will def show up early and see if the documents are filed with the Court, if not, hopefully the Judge will have a little bit of mercy...we shall see. I'm very nervous!
  10. I was carefully reading every word filed by Mildland's atty's on why the MSJ should be granted against me. They claim prima facie case :" The platiff has filed an Affidavit of correctness certifying the balance and terms sued upon as well as verifying the attached credit terms and itemized statement of account. The defendant failed to raise any genuine issue of material fact blah,blah,blah..." I NEVER REC'D ANY OF THIS. NO AFFIDAVIT, ITEMIZED STATEMENT ETC. Yet they are saying they filed it? Would I have been required to receive that information if its being used as an "exhibit" to prove their prima facie? NOW, I DID screw this case up and didn't complete their Discovery or attend the 10.1 conference that they offered to set up at my request. I filed defense but did not ask for discovery of my own. I was very new to all of this and didn't feel like I should be giving out my financial information, spouse's names, disclosure of all my assets, etc to a company I did not know nor have any business with. I know better NOW, however I need to win This case, or at least get a continuance, tomorrow. How would I bring up that I have not seen any of the evidence they have claimed to file? Could this at least net me a continuance in your opinions? Is it a worthy defense? *As a side thought, I am the true meaning of a pro se litigant and considered myself an educated person before I began all this however, I cannot find anywhere on how to pronounce "prima facie" correctly and don't want to sound completely stupid so if anyone can offer a spelling off it so that I can correctly pronounce it tomorrow, I will be grateful!!*
  11. I did not receive anything from them because I did not ask for anything in a discovery and did not ask for VoD before I was sued. So, there is no affidavit or evidence from either side entered into the court. I believe in LA a credit-card is an open-account agreement, or something of that nature, and is not considered a contract, however, I'm not sure how this helps me. I am basically, I guess, asking advice for what to say to the Judge, assuming he will even HEAR me since I only answered and then proceeded to file my defense late. This is a Motion for Summary Judgement hearing. I feel so strongly that they do not have the right as JDB's to collect this money in full- heck, I'll pay them the $10 they likely paid for my account. This is really all I can say to the judge- I feel strongly that they have not satisfied the burdon of proof, that I have NEVER entered into a contract with this company and they cannot produce anything that says I have. Oh, other than advice on WHAT to say- How would you respond if the Judge asks me if I owned the credit card with account number xxx-xxx? I really don't remember the account number or the balance. I've heard this particular judge will ask that.
  12. Hi, everyone. I am FREAKING out. When I was first served from Midland at the end of August I read a little on the Internet- started feeling all BadA that if I just answered they wouldn't pursue and then I stopped researching. I sent an answer, a certificate of service and a Notice of Appearance within the 15 days my State allows. After my husband got served, I really started doing the research, including spending A LOT of time on this forum- now I know I have way screwed myself for MY case, although I feel much more confident about my husband's. I didn't answer Midland's (well, Eaton Group Attorneys out of BR) Discovery and Didn't send my own OR Affirmative Defense. I did, past the 15 days allowed, file an Amended Answer and affirmative defense- whether or not it will be allowed is yet to be determined. These were my affirmative defenses: 1.Plaintiff has failed to state the basis of the lawsuit. There is no citation of actual state law, of which the Defendant allegedly violated. 2.Plaintiff’s Complaint violates the Statute of Frauds as the purported contract or agreement falls within a class of contracts or agreements that are required to be in writing. The purported contract alleged in the Complaint was not in writing and not signed by Defendant or by some another person authorized by Defendant and who was to answer to the alleged debt, default, or miscarriage of the other person. 3.Plaintiff displays failure of consideration as no exchange of money or goods occurred between their party and the Defendant. 4.Plaintiff displays lack of privity. There is no existing relationship between this collection agency and the Defendant. Do i Have ANY hope in winning? I go to Court Monday, 11/7/11 at 9:30. All I can say, over and over, is that I never signed any type of contract with Midland Funding, LLC. This is truly my only defense since i didn't send VOD or a Discovery. I know better NOW, but is there any help for me? Any suggestions are welcome.