admin

Hall of fame lawsuit winners....

Recommended Posts

On 3/17/2017 at 0:48 PM, AuthorCat said:

Second case won against a JDB--this time Midland Funding! Request for Dismissal w/out prejudice filed last Monday

(03/13/2017)

but didn't dismiss untl 22 mins before Trial on Wednesday!

Do not  give up, give in, or settle with these atrocious bottomfeeders and you WILL win!.

First and foremost, my most sincerest and deepest thank-yous and infinite gratitude to both Calawyer and Anon Amos. My heroes for LIFE. I couldn't have done this without you. Seriously. And thank you to whomever set up CreditInfoCenter!

Now, the history...

Midland filed a Complaint a couple of days after they dismissed my case back in August 2016. They filed on 08/01/2016. This time they filed against my significant other--hubby. He wanted to immediately settle with them but I said 'no' and spoke with him that we can do this because they're not the OC but the JDB, and I was fresh off of my experience with a JDB (LVNV) lawsuit against me and had the dismissal papers to show it. I knew the drill.

My S.O. had received a marketing letter in the mail from some law firm offering their services that there was a limited civil case filed against him, so I knew there was a case coming even before he was served (on a friggin Sunday of all days!) by the process server. I immediately drafted and served their attorneys (H&H) a Bill of Particulars even before filing a General Denial (Complaint was unverified so Gen.Denial was appropriate) .

I went through the motions without bothering Calawyer and Anon, doing what I could on my own from what I've learned. They helped me so much in my case that I didn't want to bother them for things I knew already. It went extremely well! I needed some help with responses to their discovery and Anon was amazing there. When we had the Trial Setting Conference in November 2016  (currently in lieu of a CMC due to budgetary cuts) and their rent-a-lawyer pushed the trial out to March the following year, I knew they had a weak case. Why push the trial out four months if you're confident about your case?

My case appeared simpler than hubby's although his was for $200+ less than mine. In my case (that I won - read upthread), JDB didn't even respond to my CCP 96. Their case was dead and they knew it. In hubby's case, they were far more attentive and astute; responding tinely to everything (although with a bunch of crap). Thanks to Anon and Calawyer - who picked apart their 'evidence' - and my fresh experience, we were able to counter everything they tried. Even when I filed hubby's trial brief (10 days before trial) an ex parte motion was filed right after. Calawyer drafted a response to said ex parte motion that turned out to be erroneously filed under hubby's case--but I did file and serve the response anyhow.

I was (wrongly) expecting a dismissal to be filed before trial. Turns out, there was, but at the last minute, two days before the day of trial. Although hubby is an excellent public speaker, he really, really didn't want to go to trial. I had to enlist my daughter to make him (he never says no to her). Come day of the trial, he was ready for war. We got into the courtroom 7 mins before trial would start only to learn that their lawyer had gotten his motion for dismissal w/out prejudice. We celebrated at our favorite Mexican Restaurant!

::celebrate::::balloons::::celebrate:: So it's 2 - 0 in our favor!  ::celebrate::::balloons::::celebrate::

EDIT TO ADD: Will be filing a Memorandum of Costs (MoC) on Monday to get our fees back.

Reading wins like this gives me hope!  Congrats on the wins!  Midland Funding has filed a claim against me but I haven't been served yet.  I'm going to go back and read your posts to see how you did it!

  • Like 1

Share this post


Link to post
Share on other sites

happy to say midland and asset acceptance have fallen off my credit report just after 7 years since last payment :)

inching toward 700 credit score

  • Like 2

Share this post


Link to post
Share on other sites
5 hours ago, qbert said:

happy to say midland and asset acceptance have fallen off my credit report just after 7 years since last payment :)

inching toward 700 credit score

Excellent.

Just one tip for you.  Ask your car insurance agent to reprice your policy after your credit repair.  You could save a lot of money.

 

If they won't do so, check with other insurers when your policy is up.

  • Like 3

Share this post


Link to post
Share on other sites

Outlasted Midland in Missouri. Dismissed without prejudice, but they closed the account, per TransUnion.  Also, settled an 8 violation TCPA lawsuit for 60%. Just settled another TCPA with an ITS letter. Working on another one with 14 TCPA violations. Thanks to the smart ones on here. Some good stuff. And then there's the ones who aren't nearly as smart as they think they are. You know who you are. Harry. 

Share this post


Link to post
Share on other sites
10 hours ago, well Shoot said:

You know who you are. Harry. 

Funniest thing I think I've ever read on here. Second funniest is the rest of your post. 

Share this post


Link to post
Share on other sites

Just beat PRA in Florida. They are dismissing WITH prejudice. 😀😀😀 Because they were such boogers to deal with, I did end up hiring a lawyer on a contingency basis and he did a great job. No 1099, and will be deleted from my credit report. 

  • Like 1

Share this post


Link to post
Share on other sites

Dismissed w/o prejudice today against Portfolio.

could have had dismissed with prejudice... but I would have had to sign a mutual release of claims, and I plan to at least get my fees and costs back so I declined. 

Filed an opposition to the request for dismissal, but the major case that I relied on had been depublished and I hadn't noticed that. Judge took the time in court to go through the underlying reasoning with me, though, and he stated both before and after the proceedings that he'd found my depth of research and knowledge, as well as the quality of my legal writing, to be "very impressive," so that gave me a nice warm fuzzy. I couldn't have done it without the folks on this forum, and in particular @calawyer and @sadinca.

I'll be redacting and uploading all the filings over the next little while. It's going to take some time, though, to make sure that everything is appropriately scrubbed.

Oh, and there's a few minor details I need to address with the CFPB about that consent order that PRA is supposed to be following. (I've already filed a complaint with the CFPB on that one.) And maybe a few things that should get a bit of follow-up in regards to false or misleading statements on their part both in terms of PRA in general and PRA's counsel in specific...

 

 

 

  • Like 2

Share this post


Link to post
Share on other sites

congratulations @PSteele on your well-deserved victory. hopefully you stick around to assist those California defendants coming down the line. 

Share this post


Link to post
Share on other sites
Just now, sadinca said:

congratulations @PSteele on your well-deserved victory. hopefully you stick around to assist those California defendants coming down the line. 

 

Yep. Plan to do that for sure. And of course, it's not like I'm out of the woods on this one yet myself: I think I really pissed off their attorney on this one, and there's still some months left on the SOL. When I get the trial brief redacted, you'll see why and how, but short version is that if things had gotten that far and the judge was in a good mood, she'd have had to self-report to the bar association.  :lol:

  • Like 1

Share this post


Link to post
Share on other sites

Another victory in California today!!!! :cheerleader: hope our member can claim his/her rightfully spot on this forum in the near future. 

  • Like 1

Share this post


Link to post
Share on other sites

PRA VS ME

DISSMISAL W/O PREJUDICE 

CALIFORNIA

I got there 25 minutes before trial was commencing, no one was in the waiting room. The PLAINTIFF rent-a-lawyer came in 3 minutes before the start of trial and just said my name and said today is your lucky day case has been dismissed. You are free to go to the beach. So he continue to say you may go now, I just said I want to wait for the Judge to be excused, that would be disrespectful not to kindly wait for the Judge. The rent-a-lawyer started making small talk like "you really had the credit is card huh? I responded, well guess why I'm here ready for trial and your client is not. That is a big hint-hint". The rent a lawyer continue with a small talk, till someone came out and said my name and his and ask to go in. Then inside he ask me to sign a yellow paper where it had "Sign in" plaintiff and defendant, which he notice I was hesitant to it do so. Finally I signed it, and the Judge came in and he said that the case was dismissed w/out prejudice and NOW THE JUDGE SAID I WAS free to go and Congratulations. That's was it.

Thinking about it I don't know why I signed the paperwork for the rent a lawyer, but I made sure it didn't have any other information, it just contained our names, time and date of trial, he crossed out the H&H lawyers name and put his name. Judge asked him if he was dissmissing other cases "today" and he awnserd "only one dismissal today". Lawyer stayed to continue with the list of cases for that day. Then judge ask him to stay, and judge said to me I was free to go, and Congratulations again.

@sadinca Special thanks to you for all your help, for all your advice, for your patience and for all your prompt responses.Words can neither qualify nor quantify how helpful your guidance and advice has been. I am forever grateful for your support! 

@sadinca

@calawyer

@Seadragon

@RyanEX

Thank you to all members of this forum, because with all their threads I was able to understand how this process was evolving. BLESSINGS TO ALL💗💗💗💗

You guys inspired me during difficult times when I needed words of encouragement. You guys are true blessings!!!! Thanks for all your support and advice.

 

  • Like 2

Share this post


Link to post
Share on other sites

We won!   2 for 2 in Texas against CACH.   And both are now past the SOL. 

Each case was for breach of contract with Web Bank (Lending Club), for significant 5 digit amounts.    Both cases were filed in Travis County Texas. CACH was the JDB and the bulk of my original filings followed postings from texasrocker.  Thanks @texasrocker

Case #1:  I started off Pro Se with my answers (general denial found on this site) and discovery (also found on the site).  The JDB never responded to my discovery.  Not knowing how to file motions, I got cold feet at this point and hired legal help. 

My new lawyer filed an amended answer including a plea to the jurisdiction for lack of standing (many good examples on this site) calling out the fact that the JDB petition did not include signed contracts.  He also added an SOL affirmative defense. 

At the same time, he filed a new discovery request, which again demanded chain of title and flow agreements.  JDB had never responded to my initial discovery.  Discovery was again ignored by the JDB and 60 days later, the JDB filed a Nonsuit.
____________________________________________________________

Case #2: The second case followed the same path with the one difference being the JDB did respond to my discovery, which included a demand for flow agreements, after I sent a demand letter.  Their response was filled with a ream of junk paper and objections claiming client privilege or no requirement to maintain records.  My new lawyer did not file a second discovery request, opting to only file an amended answer mirroring the first case. 

The case then sat idle with no action for 12 months.  Finally, after no movement or contact the JDB nonsuited on day 444 of the case.
____________________________________________________________

Two wins using the general strategy of texasrocker to get me started pro se, and then a very similar strategy with my attorney.  Yes, the texasrocker strategy can still work in Texas.  Maybe it was just dumb luck or whatever, but in my case it worked. 

Lucent

  • Like 2

Share this post


Link to post
Share on other sites
On 7/8/2018 at 9:39 AM, Lucent said:


@texasrocker

Two wins using the general strategy of texasrocker to get me started pro se, and then a very similar strategy with my attorney.  Yes, the texasrocker strategy can still work in Texas.  Maybe it was just dumb luck or whatever, but in my case it worked.

Excellent.  It is not dumb luck at all. It is discovery formulated precisely to trap the JDB attorneys into realizing that they cannot answer it without contradicting themselves therefore compromising their whole case.  Some think that answering with objections such as those you described will leave a pro se dumbfounded but if you threaten them with a motion to compel answers and to produce the complete forward flow agreement they know they will never convince the court it has anything to do with attorney-client privilege. 

I recall one case where the JDB attorney was so arrogant to actually tell the judge they didn't have to answer discovery from a pro se and when he told them to answer it they stomped out of the courtroom and dropped the lawsuit within a few days.

  • Like 1

Share this post


Link to post
Share on other sites

If I could repay the original lenders I would.  Business failed, and we fell behind and they would not offer payment terms.  So they wrote it off, and I was left to deal with the JDB.  

To be clear, these were high dollar cases both in excess of $15k, so one would think the JDB would pay attention.  Instead they folded when challenged.  Obviously your results may differ, but in my case it all fell into place.  I objected with total denials.  Then followed with answers denying all of their discovery.  Followed with my discovery demanding flow documents, and proof of legal transfer of ownership.  Piling on.  Secondary answer after adding representation included a plea to the jurisdiction for lack of standing, no signed contract and SOL.  They went silent and finally folded. They could not meet the standard, but might have won in court with a friendly judge.  Seems they decided to pass....  Like I have said, your mileage may vary.  L

Share this post


Link to post
Share on other sites

You did exactly the right thing.  You may owe every dime of the alleged debt to the OC but you owe nothing to a JDB, especially when that cannot prove ownership of it.

With a debt that large you have already paid the principle time and again so when the OC charged it off they had plenty to gain with a tax write-off.

  • Like 1

Share this post


Link to post
Share on other sites

Cavalry motioned to dismiss my case without prejudice today!

Very long story short - In the end, they ignored my discovery requests and after the due date passed I filed a Motion to Deem Facts Admitted on 9/26/18.  Then, I mailed a meet and confer letter on Monday stating that 1) the Admissions are admitted per the Indiana Rules of Trial Procedure, and 2)  I would file a Motion to Compel Discovery if I didn't receive the Rogs and RFPs by 10/18/18.  They must have received the letter today and filed the dismissal!

I am so grateful to have found this forum!  Thank you, thank you to everyone who has contributed their knowledge throughout the years!

  • Like 1

Share this post


Link to post
Share on other sites

When you uploaded the discovery, it is the exact same questions they give to everyone. I got the same thing. 

So I  was able to copy the questions and changed the amount and answered. This company is a racket Glad you won, and you had to go all the way to get it beat. 

They're suing me for $1200. what a racket. 

 

Theresa

Share this post


Link to post
Share on other sites

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!  

  • Like 2

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.