Cooter

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About Cooter

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    San Tan Valley, AZ
  1. OK so what should the appeal look like, say, and a stay of judgement, so that I can take this situation back, I still have two other cases pending, but I am still have not begun the disclosure process yet on either.::
  2. I did just show up to argue my points, maybe I should have opposed the MSJ, I did call here-say on the affidavits, however they were allowed, this is not my first run, I help a buddy of mine in the next city over and we crushed midland, with lack of privity and the same rounds of discrepancies , however the judge was done at lack of privity. I probably, just missed something, or did not do the right things, there was a guy just before me which there wasn't even a bill of sale and he lost as well. by the way all by way of the phone. My accuser is not even present! how demoralizing is that!
  3. I argued standing, privity, pointed out every discrepancy, challenged bill of sale, billing statements, address, OC contract, jdb contract, affidavits x 3, the mismatching dates of ownership, out right denial of the debt, the judge replied you have brought up some valid points and said he would revisit the case and render his decision which was not in my favor. judgement summary for the plaintiff of 4000.00 + this was in Arizona precinct 7, my opinion was the judge had already decided the case and our defense was not an issue, the lawyers were present telephonicly. I'm at a loss for words, any insight anyone?
  4. Then I recieved: MIDLAND V WIFE AND COOTER NO.# XXXXXX-XXXX APPLICATION AND AFFIDAVIT FOR DEFAULT 1 I AM PLANTIFF OR PLANTIFF'S ATTORNEY IN THIS ACTION. 2 The following defendant(s) in this action failed to plead or otherwise defend: wife and cooter 3 I have mailed a copy of this application and affidavit to the defendant(s) and their attorney: or the identity of the defendant(s) attorney is unknown to me: or the whereabouts of the defendants are unknown to me. 4 unknown if one of the named defendant(s) is engaged in any active military service of the United States. 5 This application and affidavit is made for the purpose of entering default against the listed defendant(s) because no answer or pleading has been made by the listed defendant(s) within the time required by law. 6 I hereby apply to the clerk of the court to enter default. I verify under penalty of perjury that the foregoing is true and correct. dated August 2, 2012 signed by attorney I have confirmation of delivery two ways certified and delivery signature, I hope I have not messed this up. cooter
  5. Debt Collector's failure, both intentional and otherwise, to complete/answer points "1" through "44" above and return this Debt Collector Disclosure Statement, as well as provide Respondent with the requisite documentation/records validating the hereinabove-referenced alleged debt, constitutes Debt Collector's tacit agreement that Debt Collector has no verifiable, lawful, bona fide claim re the hereinabove-referenced alleged account, and that Debt Collector tacitly agrees that Debt Collector waives all claims against Respondent and indemnifies and holds Respondent harmless against any and all costs and fees heretofore and hereafter incurred and re any and all related collection attempts involving the hereinabove-referenced alleged account. Declaration: The Undersigned hereby declares under penalty of perjury of the laws of this State that the statements made in this Debt Collector Disclosure Statement are true and correct in accordance with the Undersigned's best firsthand knowledge and belief. Date Printed name of Signatory Official Title of Signatory Authorized Signature for Debt Collector Jurat State of ____________) ) ss. County of _________ ) Subscribed and sworn to at _____________________before me this _____day of ____________, A.D. ______ Notary public___________________________________ My commission Expires__________________________ affix seal here WITNESS my hand and official seal. ______________________________________________ Signature of Notary Public Debt Collector must timely complete and return this Debt Collector Disclosure Statement, along with all required documents referenced in said Debt Collector Disclosure Statement. Debt Collector's claim will not be considered if any portion of this Debt Collector Disclosure Statement is not completed and timely returned with all required documentation, which specifically includes the requisite verification, made in accordance with law and codified in the Fair Debt Collection Practices Act at 15 USC §1692 et seq., and which states in relevant part: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt," which includes " the false representation of the character, or legal status of any debt," and "the threat to take any action that cannot legally be taken," all of which are violations of law. If Debt Collector does not respond as required by law, Debt Collector's claim will not be considered and Debt Collector may be liable for damages for any continued collection efforts, as well as any other injury sustained by Respondent. Please allow thirty (30) days for processing after Respondent's receipt of Debt Collector's response.
  6. I also sent this with my answer: Via: U.S.P.S Certified Mail, Delivery Confirmation No. Defendant Plantiff Re: Case# xxxxxxxxxxxxx Dear Plantiff/attorney, The information provided by you to the courts does not detail enough information needed to validate the claim you have against me. I have enclosed a “Debt Collector Disclosure Statement” to assist with the “Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition” of the account in question. This would include but not limited to the accounting records showing the date of (original creditor) indebtedness from the alleged account #**************xxxx and immediately after the date the account was recorded up until the date of filing at Name of COURT OF THE STATE OF ARIZONA. Because the debt claimed by the plaintiff is being treated as a debt instrument, there should have been an entry in the accounting ledger signifying the indebtedness and nature recorded as a receivable in order to claim indebtedness. Be advised that this is not a request for “verification” of the account in question, i.e. a copy of the agreement, contract, or security note. I am requesting validation; i.e. competent evidence that I have some contractual obligation to pay you, (attorney and/or the agency you represent MIDLAND FUNDING LLC and its customer (ORIGINAL CREDITOR). As a collection agency practicing in these United States you should be are aware that stating false or misleading representation regarding ability to sue is a violation of the Fair Debt Collection Practice Act (§ 807(13)), please be aware that copies of this will be submitted to applicable agencies. (Reference CC on page 2) Your failure to satisfy this request within the requirements of the Fair Debt Collection Practices Act will be construed as your absolute waiver of any and all claims against me, both public and private, and your tacit agreement to compensate me for costs and attorney fees, if applicable. Lack of a response from your organization within thirty (30) days would signify that this matter is closed and all attempts to collect the debt, both public and private, will cease. As you know any future responses become your personal liability. Sincerely, ______________________ ______________________________ J. DOE JANE DOE Attachments: Debt Collection Disclosure Statement CC: JUSTICE COURT Case# XXXXXXXXXXXXX MIDLAND FUNDING LLC AND ATTORNEY ATTORNEY GENERAL TOM HORNE FEDERAL TRADE COMISSION-JON LEIBOWITZ DEBT COLLECTOR DISCLOSURE STATEMENT This statement and the answers contained herein will be submitted to the disclosed original debtor and may be used, if necessary, in any court of competent jurisdiction. Notice: This Debt Collector Disclosure Statement is not a substitute for, nor the equivalent of, the herein-requested records, i.e. "Confirmation of correctness, truth, or authenticity, by affidavit, oath, or deposition" (Black's Sixth Edition, 1990), regarding the alleged debt, and must be completed in accordance with the Fair Debt Collection Practice Act USC §1692g, applicable portions of Truth in Lending (Regulation Z), 12 CFR 226. Debt Collector must make answered disclosures clearly and conspicuously in writing re the following: 1. Name of Debt Collector: 2. Name of Agent / Representative Managing Account:…………………………………………………………….. 3. Address of Debt Collector: ..: 4. Name of alleged Debtor: 5. Address of alleged Debtor: 6. Alleged Account Number: 7. Alleged debt owed: $ : 8. Date alleged debt became payable: 9. Re: this alleged account, what is the name and address of the alleged Original Creditor, if different from Debt Collector? 10. Re: this alleged account, if Debt Collector is different from alleged Original Creditor, does Debt Collector have a bona fide affidavit of assignment to enter into alleged original contract between alleged Original Creditor and alleged Debtor? YES NO 11. Did Debt Collector purchase this alleged account from the alleged Original Creditor? YES NO N/A (Not Applicable) 12. If applicable, date of purchase of this alleged account from alleged Original Creditor, and purchase amount: Date: Amount: $ 13. Did Debt Collector purchase this alleged account from a previous debt collector? YES NO N/A 14. If applicable, date of purchase of this alleged account from previous debt collector, and purchase amount: Date: Amount:! 15. Regarding this alleged account, Debt Collector is currently the: . (a) Owner; ( Assignee; © Other-explain: 16. What are the terms of the transfer of rights re this alleged account? 17. If applicable, transfer of rights re this alleged account was executed by the following method: (a) Assignment; ( Negotiation; © Novation; (d) Other-explain: 18. If the transfer of rights re this alleged account was by assignment, was there consideration? YES NO N/A 19. If answer to previous question is yes, what is the nature and cause of the consideration cited in # 17 above? 20. If the transfer of rights re this alleged account was by negotiation, was the alleged account taken for value? YES NO N/A 21. If answer to the previous question is yes, what is the nature and cause of any value cited in #19 above? 22. If the transfer of rights re this alleged account was by novation, was consent given by alleged Debtor? YES NO N/A 23. What is the nature and cause of any consent cited in # 21 above? 24. Has Debt Collector provided alleged Debtor with the requisite verification of the alleged debt as required by the Fair Debt Collection Practices Act! YES NO 25. Date said verification cited above in # 23 was provided alleged Debtor: 26. Was said verification cited above in # 23 in the form of a sworn or affirmed oath, affidavit, or deposition? YES NO 27. Verification cited above in # 23 was provided alleged Debtor in the form of: OATH AFFIDAVIT DEPOSTION 28. Does Debt Collector have knowledge of any claim(s)/defense(s) re this alleged account? YES NO 29. What is the nature and cause of any claim(s)/defense(s) re this alleged account? 30. Was alleged Debtor sold any products/services by Debt Collector? YES NO 31. What is the nature and cause of any products/services cited above in #29? 32. Does there exist a verifiable, bona fide, original commercial instrument between Debt Collector and alleged Debtor containing alleged Debtor's bona fide signature? YES NO 33. What is the nature and cause of any verifiable commercial instrument cited above in #31? 34. Does there exist verifiable evidence of an exchange of a benefit or detriment between Debt Collector and alleged Debtor? YES NO 35. What is the nature and cause of this evidence of an exchange of a benefit or detriment as cited above in # 33? 36. Does any evidence exist of verifiable external act(s) giving the objective semblance of agreement between Debt Collector and alleged Debtor? YES NO 37. What is the nature and cause of any external act(s) giving the objective semblance of agreement from #35 above? 38. Have any charge-offs been made by any creditor or debt collector regarding this alleged account? YES NO 39. Have any insurance claims been made by any creditor or debt collector regarding this alleged account? YES NO 40. Have any tax write-offs been made by any creditor or debt collector regarding this alleged account? YES NO 41. Have any tax deductions been made by any creditor or debt collector regarding this alleged account? YES NO 42. Have any judgments been obtained by any creditor or debt collector regarding this alleged account? YES NO 43. At the time the alleged original contract was executed, were all parties apprised of the meaning of the terms and conditions of said alleged original contract? YES NO 44. At the time the alleged original contract was executed, were all parties advised of the importance of consulting a licensed legal professional before executing the alleged contract? YES NO 45. At the time the alleged original contract was executed, were all parties apprised that said alleged contract was a private credit instrument? YES NO
  7. My answer MIDLAND FUNDING LLC, Plaintiff, vs. ME Defendant. Case No: _________________ Defendant, appearing Pro-Se, for her reply to the Complaint naming MIDLAND FUNDING LLC Plaintiff as follows: All answers correspond to the numbered paragraphs of the Complaint(s). All allegations of the Complaint(s) are denied unless expressly admitted herein. Answer to paragraph one of complaint: The defendant admits to being a resident of Maricopa County, State of Arizona. However, the defendant denies the rest of the allegations made in paragraph one because the defendant has insufficient evidence to determine whether the statements being made are true or false. Answer to paragraph two of complaint: The defendant denies all of the allegations made in paragraph two by Midland Funding LLC and/or their attorneys Jerold Kaplan Law Office because the defendant has no knowledge of whom Midland Funding LLC is. In addition to this, to the best of the defendant's knowledge she has never received any information by mail, telephone or any other source about alleged debt from Midland Funding LLC, their attorney Jerold Kaplan Law Office (any employee of said law office) or this said person _______________, whom signed an affidavit about alleged debt until defendant received summons and complaint by server. Defendant prays this case be dismissed with prejudice along with any further relief the court deems just and proper and with costs adjudged to the Plaintiff. Further the defendant sayeth not. By the Defendant acting Pro-Se. Dated: 3/27/2012 By: _______________________________ Defendant. CERTIFICATE OF SERVICE The undersigned certifies that the above document was served on all parties in the above cause by depositing one copy U.S. Certified Mail, postage prepaid, in an envelope addressed to: Jerold Kaplan Law Office, ______________, on 3/27/2012, and Maricopa County Justice courts. Plus I sent this not sure if it helps or matters:
  8. Sorry, I was not forthcoming with all the information as I am a bit skiddish as to not identify myself. However, it was Midland through Kaplan, I currently have this one and two others that I'm dealing with at this time. I have consulted these boards but have not participated until now. I have been successful once against Midland helping a friend, and have done my homework, however the pressure is on. I have filed an answer in the allotted time but the papers sent to me state I have failed to plead or defend. In my answer I included responses to both paragraphs with admit of name and address, followed with denials of allegations. So I'm thinking I need to put a stop to this! But lack the knowledge to counter this move.
  9. I'm not sure I did not file my answer correctly, however can I stop this? or is it too late? can anyone advise?