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About Pheonix49283

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  1. an update on my case. The lawyer from Midland has dismissed the case w/ Prejudice. After talking to the lawyer about my new address they told me they don't like going after active duty military and dropped the case. Not the way i thought it would happen but I will take it. Even though I have read the stories of rent-a-lawyers it made me sick to see it in person at the CMC. thank you everyone for the help over the last year.
  2. So I am filling out the form for the CMC and have a few questions. 1. For the question description of case. I put Credit Collections. Is that good or do I need to expand? 2. For the question provide a brief statement of the case I simply stated that midland funding is trying to collect on a debt they can not prove they own. 3. For the question about other issues I stated that this case is over a year old, and all evidence recieved from plaintiff is hearsay. Is there anything else I should add? I am also leaving the Marine Corps on 3 January and moving to Colorado. Can I ask for a trial before that date because I will not be in the area?
  3. OK so my Civil Case Management Conference is scheduled for 20 December, 1 year and a day from the date I filed my answer (not important. I just like the timing) I know I need to submit a Case Management statement at least 15 days prior to that date which would be before 5 December. Would that be form CM110 from ASTMedics' thread? What should I add to it?
  4. So I received a Response to my BOP. Here is what they sent me. Another copy of the loan summary w/ signature Assignment and bill of sale Closing statement Account schedule Affidavit of bulk sale of accounts Schedule I and II Certificate of conformity A Statement of your account Form letters stating midland owns the debt A print out from an electronic record provided by HSBC Then a few days later I received Verification to plaintiff's response to defendant's request for BOP which reads as follows: I, Alex Zaytsev, depose and state that I am authorized to make this verification on behalf of midland funding LLC. I have read the foregoing Plaintiff's response to defendant's request for production and know the contents thereof. To the extent that I have personal knowledge of the factual information contained therein, the same are true and correct. Insofar as said facts are based on a composite of information from computerized records, I do not have personal knowledge concerning all of the information contained in said responses, but I am informed and believe that the information set forth therein for which I lack personal knowledge is true and correct. I know I have to challenge standing but I don't understand why the sent a Verification. Can someone explain this to me? The verification sounds like a lot of double talk to me.
  5. Looking for some advice. I am getting ready to leave the Marine Corps in the next 4 months and looking to buy a house. With this collection on my credit report that is going to be tough. I am thinking about calling and trying to settle with Midland for 1500 and they remove it from my credit report. What is the best way for me to go about it. I would just like to get this behind me as soon as possiable.
  6. So I want to send a second request for production of Documents to Midland based on the first set they sent. I know I will not get anything from them but will it help me prove they do not own the debt. here is what i want to send. Any advice would be great. I would also like to only give the 15 days to respond. 1. The Account Purchase and Sale Agreement dated October 13, 2011 referenced in Exhibit 3 of Plaintiff’s Response to Defendant’s Request for Production of Documents, Set One. 2. The Terms and Conditions of the Agreement dated October 13, 2011 referenced in Exhibit 3 of Plaintiff’s Response to Defendant’s Request for Production of Documents, Set One. 3. The Bill of Sale dated October 13, 2011 referenced in Exhibit 3 of Plaintiff’s Response to Defendant’s Request for Production of Documents, Set One.
  7. OK, I have been reading the threads, wow, my head hurts but it does put into light where I stand. My next question is this. I do not have a court date as of yet. per the rules of the court the response to the for production of documents was received by me on time. I sent a BOP on 9/3 with a 10 day time limit and have yet to receive a response. I should get it back by the 18th (I hope) is there a way for me to push for a court date soon? Or should I ask the court to dismiss due to the case age of 342 days. I am going to start working on the MIL and all other info even though I don't have a court date yet.
  8. Shellieh98 I have been reading like a mad man since this whole thing started. Your advice is on the same lines of my thinking. I guess I just freaked out about the contract. I was looking at the problem not the solution. Thank you again so much for the help.
  9. I have been stressed out since last week when I received the documents from MCM. As I have stated they have a signed copy of the contract with the OC. They have an Affidavit of bulk sale of accounts signed in 2012 that does not list my account at all. The one thing I am really freaking out about is the signed contract from the OC. The one thing I did notice is that last 4 digits on the account they are suing for is not the last 4 digits for the account that we have in our online bill pay system for my bank. I cannot pull records from more than 2 yrs. back so I cannot confirm this, but I think they sent docs from an account that we had paid off back in 2008/2009-ish. Now that I have the signed contract I am at a loss as to what to do. Also the docs were 5 days late. (If that makes a difference).
  10. Pool of accounts. No they do not sate my account. Looking back we did have a account with OC but it account number is different than one on all paperwork thee one they are referencing is one we paid off back in 2008 ish
  11. I was just reading the affidavit of bulk sale of accounts and it was signedoct 10 2012. Dont know if it makes a differance.
  12. Ok got a response for my request for production of docs. Now i have questions. 1. Does it matter that it was 5 days late? 2 they have a copy of the signed contract. But they objected to all of my request. They have assignment of bill of sale and a affidavit of bulk sale of accounts from the state of VA. So now am i screwed? Or do i still have a chance?
  13. Thank you for the response SeaDragon, Do i send the BOP with a Proof Of Service? Also the redacted Motion to preclude 1.doc file seems to be a bad link..