admin

Hall of fame lawsuit winners....

Recommended Posts

Just wanted to let everyone know that I had a case against Midland Funding dismissed in court last week and officially entered into the records on Monday. I would not have been able to accomplish this without the step by step directions for arbitration that I followed from this forum. Along with our friends from debtorboards I was successful in beating them back. I have also reached the SOL on 3 other debts so now it is credit repair mode.

 

Thanks to all who take the time to post on these boards. It does make a difference. Much appreciated.

::USA:: Congratulations!

Share this post


Link to post
Share on other sites

After 2 long years of seemingly mountains of paperwork, the court reversed the judgment against me . As I said the whole time I would not pay Midland Funding a dime.

All came down to the business records hearsay rule. The SC found the trial court erred in letting any Business Records be admitted.

 

Without a witness, they claimed that an affiant from MCM could NOT attest to Midland Funding's business records. Everyone check the affadavit again!!!!  The court ruled this was the error.

 

Thank you to all who followed along on my wild and wacky ride!!!!  Offered support and help!!!!  And Thank you to whomever said that Benson was a death penalty case.  The commissioner agreed!!!!!!!

 

Can't wait to keep helping keep AZ free from bottom feeders!!!!!!!! :yahoo: 

  • Like 10

Share this post


Link to post
Share on other sites

UPDATE. Sorry I don't belong here. Won , my appeal , and the court sends me back to justice court for a RE_DO. Lost the RE_DO. This is our justice system, if you win your appeal they give the other side a chance to correct what was defiecient in the 1st trail. And drag it on another year.

The JDB's are a Cash Cow for the courts!!!!!!!!!!!!! And no one cares

  • Like 1

Share this post


Link to post
Share on other sites

Case against UNIFUND was Dismissed with Prejudice. Woooo hoooo!

I would like to thank CALawyer, Racecar, Anon Amos, Qbert and others who had their threads updated.

I thank all the people on this board. ALL of your info and help is much appreciated!!

If you won your case, I suggest everyone to Pay it Forward and help others to beat these JDBs!

  • Like 10

Share this post


Link to post
Share on other sites

 WON my case against Midland funding!!!!!!!!!!!!!!!!!   Arbitrator ruled in my favor, and after waiting the 10 days to see if they would appeal the decision, it is over.  This was a superior court case where arbitration is mandatory unless you appeal it and want a trial.  In the same token they (or you) can appeal the decision within 10 days.

 

I so happy I found this site and the support and great advice from so many people.  Thank you all!!!!! ::celebrate::

  • Like 8

Share this post


Link to post
Share on other sites

 WON my case against Midland funding!!!!!!!!!!!!!!!!!   Arbitrator ruled in my favor, and after waiting the 10 days to see if they would appeal the decision, it is over.  This was a superior court case where arbitration is mandatory unless you appeal it and want a trial.  In the same token they (or you) can appeal the decision within 10 days.

 

I so happy I found this site and the support and great advice from so many people.  Thank you all!!!!! ::celebrate::

 

 

 

Great Job!!!!  ::USA::  ::USA::  ::USA::  ::USA::

Share this post


Link to post
Share on other sites

Case got DISMISSED against Cavalry & Winn Law group!!! Sent CCP 96 and got this lovely gift in return. :yahoo:

 

Special thank you to @calawyer @Scientific @Seadragon @Anon Amos @ASTMedic @racecar @bravoflaca2000 @helpme and the rest of all those AMAZING people who helped me win my battle against these scumbags and their attorneys!  Blessed to have found this forum!

 

Words cannot express my appreciation and gratitude for all your help! I cannot repay back the time and support you all have given me but I hope to help and inspire others to KEEP ON FIGHTING! JDB's don't like people who FIGHT BACK!!

 

THANK YOU AGAIN!!! I updated my original thread with the results. Cheers my friends! ::travolta::

  • Like 10

Share this post


Link to post
Share on other sites

1st time poster. The info has been amazing on this forum. I just walked out of court with Midland Funding and they dismissed with prejudice. When I would not settle and no witness showed up I guess the rental attorney knew she had no case. This was after the Judge encouraged us all to think of settling!! I was so nervous after that speech. But because I followed the advice here I walked out and my SOL is up November so I am not too nervous they will come back for more. Thanks to all the incredible posters and advice!!!!

  • Like 6

Share this post


Link to post
Share on other sites

1st time poster. The info has been amazing on this forum. I just walked out of court with Midland Funding and they dismissed with prejudice. When I would not settle and no witness showed up I guess the rental attorney knew she had no case. This was after the Judge encouraged us all to think of settling!! I was so nervous after that speech. But because I followed the advice here I walked out and my SOL is up November so I am not too nervous they will come back for more. Thanks to all the incredible posters and advice!!!!

 

Congratulations!  ::USA::

 

Stick around and help others from CA. when you see them post. 

Share this post


Link to post
Share on other sites

1st time poster. The info has been amazing on this forum. I just walked out of court with Midland Funding and they dismissed with prejudice. When I would not settle and no witness showed up I guess the rental attorney knew she had no case. This was after the Judge encouraged us all to think of settling!! I was so nervous after that speech. But because I followed the advice here I walked out and my SOL is up November so I am not too nervous they will come back for more. Thanks to all the incredible posters and advice!!!!

 

 

Congrats.

 

Amazing, isn't it?  They tried to get you to settle knowing that, if you refused, they were going to walk into court and dismiss.

 

How low did they get before they put tail between legs and dismissed (what percentage of the amount claimed in the complaint)?

  • Like 1

Share this post


Link to post
Share on other sites

The rental lawyer calls me and we go outside.  She says I see you owe $XXXX I say I disagree and she says how much do you think you owe?  And I said I don't think Midland can prove they own my account.  She says so you want to go to trial and I say yes I do and walked back into the courtroom.  Out of 25 cases only 5 other people showed up to defend themselves.  So I watch as the judge just goes through them.  Than one guy (bless his heart) gets called and he did not do his homework so the judge says we will do your contested trial after I finish the easy stuff.  Than he asked if my case was contested and the lawyer says no your honor.  I was a little confused. So I walk up and the judge says the defendant is here what are we doing.  And she moved to dismiss....SWEET!  Bad news is I was just served by Cavalry.  For $1000... REALLY?! The only part I don't want to go through is having to pay the fee to answer!!! But I will answer them so my fight will continue.  The hearing for them to prove service is not even scheduled to 2017 so I have some time after I answer.

  • Like 3

Share this post


Link to post
Share on other sites

Signed the settlement couple of weeks ago but held off until:

 

My attorney sued a JDB, they settled.  Details are unfortunately unavail to a Non-Disclosure clause in the settlement but I'll will say that even though they had not sued me & the SOL has expired, they ended up paying substantially more than they were owed & are deleting their tradeline.

 

Check arrived & was deposited yesterday! ::celebrate::

 

Two other cases against a dif JDB are still pending.  Will keep updated on those.

  • Like 2

Share this post


Link to post
Share on other sites

Signed the settlement couple of weeks ago but held off until:

 

My attorney sued a JDB, they settled.  Details are unfortunately unavail to a Non-Disclosure clause in the settlement but I'll will say that even though they had not sued me & the SOL has expired, they ended up paying substantially more than they were owed & are deleting their tradeline.

 

Check arrived & was deposited yesterday! ::celebrate::

 

Two other cases against a dif JDB are still pending.  Will keep updated on those.

 

Congratulations!!!  ::USA::  :clapper:  xboxingx  :-)=  xWhipMex

 

Make sure and pay it forward when you see others from Kansas posting! 

 

Ask your attorney if he wants to have his name listed in the CIC attorney section!

Share this post


Link to post
Share on other sites

The rental lawyer calls me and we go outside.  She says I see you owe $XXXX I say I disagree and she says how much do you think you owe?  And I said I don't think Midland can prove they own my account.  She says so you want to go to trial and I say yes I do and walked back into the courtroom.  Out of 25 cases only 5 other people showed up to defend themselves.  So I watch as the judge just goes through them.  Than one guy (bless his heart) gets called and he did not do his homework so the judge says we will do your contested trial after I finish the easy stuff.  Than he asked if my case was contested and the lawyer says no your honor.  I was a little confused. So I walk up and the judge says the defendant is here what are we doing.  And she moved to dismiss....SWEET!  Bad news is I was just served by Cavalry.  For $1000... REALLY?! The only part I don't want to go through is having to pay the fee to answer!!! But I will answer them so my fight will continue.  The hearing for them to prove service is not even scheduled to 2017 so I have some time after I answer.

 

 

You are entitled to get your costs reimbursed from Midland since you have a dismissal in your favor.  File a cost memo and use them in case number 2.

  • Like 1

Share this post


Link to post
Share on other sites

Won against MF in court today.  Dismissal w/o p but if they refile they have to pay my filing fees.  I am happy with that and the judge awarded my costs.  Sometimes in AZ you get a great judge!!! Xheart_smX

  • Like 3

Share this post


Link to post
Share on other sites

sued by asset in early 2013, I BOP'd them, they dismissed, then they refiled the case in Dec of 13

 

general denial>BOP>do nothing until 45 days from trial>CCP 96 them>they dont respond>

ready to hammer them but then trial date gets vacated due to court calendar,  necessitating CMC to reschedule, and then:

 

CMC today:

 

myself and rent-a-lawyer appear

 

judge apologizes for delay, and asks when we want to set date, suggests "i think it should be a few months out to make sure we have plenty of time for any subpoenas, motions, etc"

 

Rent-a-lawyer (RAL) says, "I would like 90 days to see if this issue could be resolved"

 

I say "I would like the trial as soon as possible your honor, I am ready for trial, discovery is complete, I dont see any reason why plaintiff would need 90 days"

 

Judge: " OK lets cut it to 45 days"

 

RAL: "May I have a moment outside to confer with defendant your honor?"

 

Judge: "please do"

 

::we shuffle outside::

 

RAL:How can we settle this?

 

me: well, I will only settle with full dismissal. Your client has missed every single deadline in this trial and has no admissible evidence. I recommend your client cut their losses and dismiss immediately to prevent incurring any more costs.

 

RAL: Let me make a call and see if I can save us some time

 

I go back into courtroom, he follows, we go before the judge and he requests dismissal without prejudice

 

::judge gives me the grinning "well how bout that?" look::

 

I say " Your honor, I would prefer dismissal with prejudice, as this case is well past the SOL anyway"

 

RAL: "we will stick with dismissal without prejudice and let the plaintiff sort out the SOL issues"

 

me: "I accept that dismissal without prejudice" (not sure why i said that, as if i have the power to stop the plaintiff from dismissing, but it seemed like closure)

  • Like 7

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.