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So I just got back from court with ceeeyeare and they had nothing (IMO)— no original document, no witness...just his tablet with some images of letters with my address on them that he said were proof that I was making payments on that account (I asked him if he had the actual letters and he said he didn’t need them, that “that’s not how it works”. I told him, unless he has original docs, that we had nothing more to discuss. This all happened before the actual trial, btw. Anywho, by the time the trial actually got underway, he started by asking the judge for an extension due to the fact that his witness could not make it...the judge granted that request EVEN AFTER asking if there was any explaination as to why the witness was a no-show with the lawyer unable to offer ANY reason whatsoever. Am I wrong in assuming this is all BS on the lawyer’s behalf? That he has NO proof that I owe this debt? I digress... at that point I asked the judge for a dismissal on the grounds of insuffient evidence on the plaintiffs part but the judge shot me down and I agreed to a new date in late July. I think I should have probably asked if it was possible (or demanded) to just continue the trial right then and there but I didn’t think to do so, at the time unfortunately. Does anybody have any thoughts on how this went down or what I should do or expect the next time out? I appreciate any input...thanks all!🙂
I just wrote this whole post and it disappeared. Ugh!! but in a nut shell LVNV did not show up at the hearing and the arbitrator and I waited 30 mins, no call no show and I just got my confirmation letter (see attached) lvnv arb award to Defendent.pdf
First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hearing was this morning. No one from the firm showed up. The judge was not too happy obviously, and said that the date originally for the summary judgement next week will now be used for my motion, she will discuss what happened with the judge scheduled for that hearing and also mentioned the possibility of a default judgement in my favor due to no one showing up. So, they are in trouble. My question is what should I do to keep the boot on the throat, so to speak. I believe I have some momentum in my favor, I want to be able to take full advantage. At a minimum, they wasted my time and the court's time -- how do I hold them accountable and demonstrate to the court I respect the court's time, unlike the firm suing me. Thanks in advance.