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Hall of fame lawsuit winners....

435 posts in this topic

20 hours ago, lisa7267 said:

They do NOT have what they need to prove the debt is yours!

Congrats on your win, but your case was the very rare exception where the court erred on your side instead of the JDB. None of the things you asked for are actually required to prove you owe the debt. If they had credit card statements, a billof sale and an affidavit, the court should have ruled against you. In fact, we have seen Midland appeal these and win so there's a remote possibility that's still in your future. 

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8 hours ago, Harry Seaward said:

If arbitration is off the table, I would seriously be considering trying to settle with Midland. It's basically a foregone conclusion that they will win either via motion for summary judgment or at trial.

This should be another wake up call on your perpetual scolding and pessimist attitude here regarding anyone who chooses to litigate their case.

 

8 hours ago, Harry Seaward said:

Congrats on your win, but your case was the very rare exception where the court erred on your side instead of the JDB. None of the things you asked for are actually required to prove you owe the debt. If they had credit card statements, a billof sale and an affidavit, the court should have ruled against you. In fact, we have seen Midland appeal these and win so there's a remote possibility that's still in your future. 

The key word is "if."   If they had credit card statements, a bill of sale and an affidavit, the court should have ruled against you but when they just dumbfoundedly looked at he judge and shrugged their shoulders he did precisely what he should have done and ruled against Midland. 

I  agree that she was lucky to get such a good judge but the judge did not err.  I don't see any grounds for appeal whatsoever as they did not present even their bare essential microfiche "evidence" that has always been the target of a good JDB defense attorney or pro se.  The rent-a-lawyer was not even smart enough to object so the remote possibility of winning an appeal is even more remote. 

 

7 hours ago, Goody_Ouchless said:

If it was dismissed without, as OP alluded, they can just refile. No need to appeal.

Of course more not unexpected negativity directed at someone who has just beaten a JDB in another of your never-ending attempts to follow around and bolster whatever your idol says as you laugh and "high-five" one another. 

It is highly unlikely that they will refile against someone whom they know is going to fight and not just give in to their almighty default judgment machine.  This is one of those cases that goes to show that they have not gotten any wiser or less lazy and neglectful than they have always been.

 

 

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22 hours ago, lisa7267 said:

YOU GUYS!!! I did it! I followed the advice in the forums and today I went to court-the judge DISMISSED it! The attorneys that Midland hires are rentalawyers and they have NO documentation. They didnt even have the pages filed w the suit! I did file a motion to compel arbitration but the judge didnt have it yet (I filed it Friday and court was today, Monday) so she would not address it. I told her that Midland Funding has not provided me enough info to sufficiently state whether or not I owe the debt and she asked me what I was wanting them to show me. I said a signed contract or agreement, where the debt initiated at, what it was used for etc. The attorney had none of that and she got ticked at him (lol)...she said shes dismissing it and that he had better start coming prepared instead of wasting the court's time. So I want to encourage fellow Floridians- stand your ground! They do NOT have what they need to prove the debt is yours! Thank you to you all!  

Congratulations from CA

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47 minutes ago, texasrocker said:

but when they just dumbfoundedly looked at he judge and shrugged their shoulders 

Where did she say that happened? She said they didn't produce a signed agreement (never required) and what the card was used for (also never required).

47 minutes ago, texasrocker said:

they did not present even their bare essential microfiche "evidence" that has always been the target of a good JDB defense attorney or pro se.

Again, you're pulling nonsense out of thin air. She never said this happened. 

And you nailed it. I said "if", hoping she would clarify.

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6 hours ago, Harry Seaward said:

Where did she say that happened? She said they didn't produce a signed agreement (never required) and what the card was used for (also never required).

Again, you're pulling nonsense out of thin air. She never said this happened. 

And you nailed it. I said "if", hoping she would clarify.

You didn't read the whole paragraph you replied to?  Oh, of course you only read the parts that reinforce your misery.  She also said, "The attorneys that Midland hires are rentalawyers and they have NO documentation. They didnt even have the pages filed w the suit!" and quoted the judge's remark that he (the JDB attorney) "had better start coming prepared instead of wasting the court's time."  That tells me and any other reasonable person that they did not bring anything at all while it only tells you that there has to be a way that this cannot be happening because since you could not win in litigation then no one else should either.

 You truly are a piece of work... It would be somewhat understandable to knock someone for going against your perceived grain and then losing but to  keep spewing your rant that no one should ever be able to win against a JDB by any means other than arbitration every time that you have just been proven wrong is ludicrous. 

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15 hours ago, texasrocker said:

That tells me and any other reasonable person that they did not bring anything at all

Not having them for this hearing (and was this even a trial or a PTC?) doesn't mean they weren't previously submitted to the court. She said "documents" were filed with the answer. It's entirely possible those were the statements, bill of sale and affidavit, and they planned to get them admitted at trial. Or if this was a PTC, they would be bringing them to the trial. 

You're making a lot of assumptions. Remember, I said "if" so I left room for the possibility they truly had nothing.

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3 minutes ago, Goody_Ouchless said:

PTC, per original thread.

So the judge dismissed a lawsuit for lack of evidence before any evidence was required? 

Unless there was a court order for Midland to bring A, B and C to the PTC, I'm definitely appealing if I'm Midland. 

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I think terminology is messed up. I suspect it's a rescheduled PTC, not a dismissal.

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