Realiden20

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About Realiden20

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  1. Honestly that's part of the reason why I made the decision I did too. The lawyers freaking knew EVERYONE! And everyone was talking about how this judge really "loves" most likely more like "prefers" for cases to settle in mediation. Obviously.. Why wouldn't he.. But I just sat there watching all the lawyers having a freaking ball with all the people working in court. There was another midland funding case that left about an hour before me. And just like with me I saw the mediator come back to the court room with a settlement document drawn out for midland's attorney and the defendant. Honestly though Skotm if you feel like you have a strong case and don't want to nogatiate then definitely take them in front of a judge. I dunno what kind of papers they've supplied you. But if they're all crap then you should fight them on it. Don't be scared. I'm sure you'll do great. You sound like you're even more prepared than I was. So I think you'll do great Just do what feels right for you. I did what felt right for me. So..
  2. Thanks guys. I know. Not exactly a victory. And like I said.. It's really about weighing your options. I just couldn't take the risk. There is a part of me that wonders if I could've won. Maybe I would have. But I just made the best decision I thought I could given my credit was at stake. But I agree with you. Not really a victory. But I think ok on the settlement. It still hurts to lose $900 on the rat bastards. But I did the best I could. One of my other accounts that I was paying off was with SST (HATE THEM!!!!) another collection effin company. I paid waaay more than they ever deserved too. But I guess over the years I learned that sometimes when you mess up when you're younger it comes back to haunt you BIG time. I've been my own guardian and living alone since I was 16 yrs old. When I had no money.. I charged it on a credit card. And then when times got tough.. I just ignored everything. As I grew older and finally started making a career for myself I started fixing and paying off everything. By then all those counts were charging me WAY more than my original balance. But that's what happens when you let accounts rot for years. Interest on top of late fees.. On top of interest. It SUCKED royally! To pay more and more. But I just learned and accepted that that's what you have to do in order to fix your credit. It's a hefty price to pay. BELIEVE ME! I know! But I wanna be able to buy a house one day. And I have to say.. Not having to make any payments to anyone right now is just plain awesome. That money is now getting saved. Anyway.. I totally agree. Not a victory lol. But thank you for the good job
  3. Oh.. To answer your question.. They had the entire list of purchases.. Dates.. And charges and the bill of sale signed and stamped. I think the bill of sale could have definitely been questioned in trial. But the rest of the documents they had looked pretty legit. Now it's possible that they could have attained it another way but honestly I felt like they showed up with too much paperwork and details about the account that it was also possible that the judge was going to accept those as proof/evidence. I dunno! Maybe he would have. Maybe not. But I just thought at the end of the day.. If I can just remedy this now off record and still be ok, then that's what I should do.
  4. Well honestly the 20 year thing did make me rethink going in front of a judge.. I've been trying to fix my credit for a while now. And I had finally finished paying EVERYTHING off. Till this miserable thing popped in my life. I would've liked to just win all together but honestly when I weighed my options and risks and thought about how unbelievably hard I have been working to improve my credit score.. I just couldn't let my stubbornness win on this one. I figured.. Ok. Take the bullet. But if I was ganna take it then I was NOT going to pay the ridiculous amount that they were trying to collect. I was prepared to take a hit for up to $1500 if I had to. But once I got there I realized how much power in this negotiation I actually have and I low balled them even more. I questioned the bill of sale and all of that. I do wonder if I actually went to trial if the judge was ganna dismiss it in my favor. But with all the work I've done the past few years.. I just couldn't take the risk. And once I saw that it was actually reported on my credit report.. I knew that I needed something in writing to get it off my credit report. So.. Like I said.. I still wonder. But I guess at the end I made the decision that $900 was worth getting this over with.. My sanity and stress level and above all.. My credit score that I've worked so hard to fix and improve.
  5. Alright. So it's over. After allllll the aggravation... And all the damn answers and interrogatories and motions.. And a whole load of papers that I brought to court with me. We wound up settling in mediation.. The thing is they had all kinds of paperwork detailing my account.. The bill of sale could have been argued but I felt the risk of a possible judgement on my record for 20 years!! (Which the court makes you aware of before trial) was just enough to nudge me towards settlement. Settlement takes the whole case out of court and off your records and they can never sue you again. I got all my paperwork right there in the mediation room and that's the paperwork I send in with my dispute to the credit bureau to take Midland funding off my credit report. Settlement letter states account has been paid in full and I now owe midland funding nothing! Am I entirely happy? No. I still had to give up $950 out of my pocket. But I am happy to finally and COMPLETELY get rid of them. The amount I was sued for was $2600. So I'd say I didn't do too bad. The mediator spoke to both of us separately and when she spoke to me she told me that she really didn't have to mediate much because I was doing pretty damn well negotiating all by myself. I started at $700.. They wanted AT LEAST $1350. And apparently according to their attorney that was "as low as they could go". I called bull ****! Went back and forth and over 3 phone calls the attorney had to step outside and call her firm.. At my final offer.. I said $960 and that's IT! I'm offering you ONE check.. TODAY and if your firm and plaintiff can't accept then we'll let the judge decide. A very frustrated attorney walked out to make that last call and came back to let me know that they have accepted my offer and do not want to proceed further with trial. The mediator drew out the paperwork.. I picked up a lovely $24 parking ticket out side the court house cuz all they have are max ONE hour stupid parking (Whatever.. I'll pay the damn ticket) and that's it folks. Case closed. If I were to make a note about anything.. If you're thinking about settling, make note that they will do THEIR BESTTTT!!! To make you agree to payments. DO NOT BUDGE!! That's how they'll get you to pay more. If you can offer ONE check like i did or even just 2 payments only.. Do that! If you're making payments they'll ask for more! Stick to your guns and be firm that I'm offering you one check. And you're not getting payments out of me. ONE CHECK and this goes away. Take it or leave it! And then threaten to go in front of a judge if they don't! I want to thank everyone who's helped me through all if this SO MUCH! I really owe you guys and this site A LOT! I had no idea what I was doing when this whole thing started and thanks to this site and everyone's help.. I filed all the right paperwork. I didn't default on anything and I had enough ammo to negotiate a pretty good deal. The mediator literally told me that I had all the power and I was using it very well. So... Thank you very much for all your help. For those of you still going through everything and waiting for trial.. The decision of whether you want to wait for the judge to make the call or settle in mediation is up to you and depends on your finances and situation. If you feel like you have a good case and can take the risk of possible judgment on your record for 20 years, then stay strong and don't fold! But if you feel like you can't take that risk and your not comfortable with your defense/case.. Then try to settle in mediation. And negotiate HARD! Be pleasant and still respectful. But get those negotiating skills out and give them the reasons why they should accept that offer. Start out low and then stand firm on your final offer. They'll settle... Thanks guys!! And good luck to everyone still with an open case!!! Skotm.. Let me know how you do!!! Good luck!
  6. Jpavv-- OF COURSE the site is currently under construction And temporarily unavailable for me to check my case details! Lol Just my luck! I'll check tomorrow but I doubt they dropped it. They seem headset on going to trial.
  7. Skotm-- thank you! That was an excellent read! I still if I will sound like an idiot in court.. And I don't have any time to file anymore objections to their documents at this point since court date is on Wednesday. But at least I can try to think of how I can challenge their standing in court. I'm still stressed lol. But thank you. That was definitely a good read. Gives me something to think about till Wednesday..
  8. Wow.. That's awesome. Wish I can have my case dismissed! Problem is that next to my job.. I just don't have the time to sit and dissect laws and defenses. So what I try to do.. I do in a rush. So I'm always left feeling like I'm definitely not prepared for all the legal stuff this attorney is going to throw at me. I don't even understand half of them. Next to my full time job.. My brain is pretty much fried. Beyond busy all day long. So that's why I'm stressed.. Because I really don't have the time to read 100 pages on each defense or case or motion... I just unfortunately do not have the time. So I'm afraid I'm definitely going to lose. I guess I'll just stick with my defense. That even with this paperwork.. These don't mean anything. And they don't prove anything. I guess I'll just keep refusing to admit and leave it upto the judge. MAN it would DEFINITELY beyond suck if the judge rules against me though! But I just can't help but feel like I will not be as lucky as these other dismissed cases are. Because I feel like they definitely knew and understood way more than I do. If I had the time.. I'd try to. But at this point with 3 brand new systems going live at my company and my being responsible for A LOT of that. I just can't spend hours on this case anymore. It has simply become a nuisance! A horrible annoying stressing PRICY nuisance!
  9. Ohhh I see. Means the right to sue.. Ok. So how do I argue that? Or how do I argue discovery misconduct? Up until now my whole defense was that they had no proof. But now they have all this paperwork and I have no idea how to argue that? Thanks!
  10. Thank you for replying Skotm. But I don't understand.. What's is a rule on standing? I was trying to read about it but I can't find much. I'm stressed The bill of sale didn't have my name or account # on it. Basically just a signed letter by this supposed president of Dell financial services "selling" multiple accounts (mine not specified) to midland funding. The records showing all balances however does seem legit. Lists all the dates and charges and my account #.. Name and SS...
  11. Hi guys. Soooo I don't know what to do now.. My court date is on Wednesday 10/3. And TODAY they sent me all my statements from Dell and the bill of sale. So looks like they have all the documents after all.. What should I do?? Call them up tomorrow and try to settle? Negotiate? I mean I'm guessing at this point I'll still have to show up in court whether I call them and settle or not because it's too late to send any notice to court.. Should I call and try to negotiate at this point?? Should I wait till they make a fool out of me in court and I just say I never received any of these documents? But then won't the judge grant them the full amount at this point?? What should I do?? Please help ASAP. Thank you.
  12. You think they'll file a motion to compel for the supplementay interrogatory after they receive this answer? They still haven't answered my interrogatories but they still have time. If they don't answer.. Then I'm going to file a motion to answer like they did with me before they received my revised answer to #1 on their 1st set of interrogatories. They withdrew that motion after they filed it though.