Start To Finish Winning Against Midland Funding Aka Jdb!

[lindalee]

Came across this forum last night and saw this topic about Midland. Hopefully someone can give me some insight what I should do. It seems a case was filed on 12/13/2015 against me by Midland through their attorney HUNT & HENRIQUES - JANALIE HENRIQUES.  And an OSC HEARING IS SET FOR 11/28/18. That's almost three years from the filing date. The hearing is to show why sanctions should not be imposed for failure to file proof of service and failure to file default judgment.  I never received the summons and it shows on 12/31/2015 that it was returned not found/no service.  What can I do? I never received the summons. And I live in a different county.  I only knew about this when I went to visit my mom and she gave me this yellow document from a company offering to settle this case. I looked up the case and found this. Any help would be appreciated.  

[Butterfly1]

This thread has been so helpful. I am hoping that someone will respond since it looks like it was back in 2009 when it was created. I'm currently going back and forth with Midland right now. I received the summon and then in turn, I filed my answer and prodution letter with the court. It was certified mailed. Right before their 30 day mark approaching (which would be the 14th of June), I received the "motion for extending time." I contacted the court to confirm if the extension was approved and of course, it was. 

My question is, should I reply to this letter? Is there any specific letter template to use to respond to them? Thank you for all the great information! This thread has been extremely helpful!

 

 

[BV80]

2 hours ago, jtho18NC said:

This thread has been so helpful. I am hoping that someone will respond since it looks like it was back in 2009 when it was created. I'm currently going back and forth with Midland right now. I received the summon and then in turn, I filed my answer and prodution letter with the court. It was certified mailed. Right before their 30 day mark approaching (which would be the 14th of June), I received the "motion for extending time." I contacted the court to confirm if the extension was approved and of course, it was. 

My question is, should I reply to this letter? Is there any specific letter template to use to respond to them? Thank you for all the great information! This thread has been extremely helpful!

 

 

If the court already approved the extension, what would be the purpose of responding to the letter?

[MillaRichards]

I filed a Memorandum Opposing Motion for Summary Judgment vs MIDLAND and they didn't file a Reply or Submit for Decision. 

Time passed, my Memorandum was filed in August. 

So... weird. 

They had been very shady during this entire case.  In April they send me Motion for Summary Judgment with all attachments and Affidavits, with certificates that this is true and exact copy of what they filed with court. I responded with Memorandum Opposing.  And that was it. Nothing. So before going on vacation I send them a letter, telling them I will be out of country for a month, so would not be available for court hearings and etc. They file a motion for Summary Judgment right after I left. If I would not have left instructions to open everything that comes from these crooks, the time to respond to a Motion would be long passed before I would be back to USA.. I guess they were counting on me not Opposing and not showing up in court because I told them I will be out of the country. 

This motion was completely different from the first motion for summary judgment. 

I filed for extension of time over email and received it. Then I was rereading first motion and thought,  what if I ask a judge to rule in the first motion and maybe this law suit will be over, because their first motion didn't stand a chance. So, I send to court Request to Submit for Decision and write in email to the clerk that this is regarding first motion for summary judgment,  filed by Plaintiff in April. She didn't respond,  so I wait and then ask her again.  So she sends me a case docket and highlights that THERE WAS NO MOTION FIR SUMMARY JUDGMENT in April!

Looks like they either pretended to file to see if I responded and learn my defense strategy or they changed their mind about filing.

Before responding to this Motion for Summary Judgment, I made sure it was filed! 

Anyway. It is weird there is no movement.  And now I am wondering if I should file Motion to Dismiss. 

Can someone help me to find out if I have grounds to file Motion to Dismiss?

 

[Bulldoger]

Thanks for sharing, I feel a lawsuit from MCM heading my way, I will be checking that they actually filed what they say they filed. 

[MillaRichards]

On 9/16/2021 at 12:52 PM, Bulldoger said:

Thanks for sharing, I feel a lawsuit from MCM heading my way, I will be checking that they actually filed what they say they filed. 

Any advice or thoughts for my situation?

Why do you think a lawsuit heading your way, did they serve you summons? Is it s new case?

[HueyPilot]

I would go back to the top of the forum and start your own thread. This one is really old and may not get the attention you deserve.

I found this on motions in Utah Courts:

Request to Submit for Decision

The motion will not be given to the judge to decide until one of the parties completes and files a Request to Submit for Decision. Either party may file a Request to Submit for Decision, but someone must do so. If one party files a Request to Submit for Decision, the other party does not.

Do not file the Request to Submit for Decision until the Reply Memorandum Supporting Motion has been filed or until after the time for filing a Reply has expired. If there is no Memorandum Opposing the Motion, then file the Request to Submit for Decision after the time for filing the opposing memorandum has expired. You may request a hearing as part of the Request to Submit for Decision. A Request to Submit for Decision must be filed even if the parties stipulate to the motion.

See the chart below for timeframes.

Hearing

If you want to present oral arguments as well as written arguments to the judge, you have to request a hearing.

If a ruling on the motion might dispose of the case, like a motion for summary judgment, then the court usually will hold a hearing if at least one of the parties requests one. If a ruling on the motion would not dispose of the case, then the judge can decide the motion based on the documents without a hearing, even if the parties have requested one. The judge can order a hearing even if neither party requests one. If one party requests a hearing and the other party does not, both parties are still allowed an opportunity to present oral arguments, if a hearing is held.

The party requesting the hearing schedules the hearing with the judge's staff. Courtesy allows that the requesting party will schedule the hearing on a date and time convenient to all parties and the court.

Documents for Motions Decided by a Judge

[MillaRichards]

3 hours ago, HueyPilot said:

I would go back to the top of the forum and start your own thread. This one is really old and may not get the attention you deserve.

I found this on motions in Utah Courts:

Request to Submit for Decision

The motion will not be given to the judge to decide until one of the parties completes and files a Request to Submit for Decision. Either party may file a Request to Submit for Decision, but someone must do so. If one party files a Request to Submit for Decision, the other party does not.

Do not file the Request to Submit for Decision until the Reply Memorandum Supporting Motion has been filed or until after the time for filing a Reply has expired. If there is no Memorandum Opposing the Motion, then file the Request to Submit for Decision after the time for filing the opposing memorandum has expired. You may request a hearing as part of the Request to Submit for Decision. A Request to Submit for Decision must be filed even if the parties stipulate to the motion.

See the chart below for timeframes.

Hearing

If you want to present oral arguments as well as written arguments to the judge, you have to request a hearing.

If a ruling on the motion might dispose of the case, like a motion for summary judgment, then the court usually will hold a hearing if at least one of the parties requests one. If a ruling on the motion would not dispose of the case, then the judge can decide the motion based on the documents without a hearing, even if the parties have requested one. The judge can order a hearing even if neither party requests one. If one party requests a hearing and the other party does not, both parties are still allowed an opportunity to present oral arguments, if a hearing is held.

The party requesting the hearing schedules the hearing with the judge's staff. Courtesy allows that the requesting party will schedule the hearing on a date and time convenient to all parties and the court.

Documents for Motions Decided by a Judge

Thank you for a suggestion, I think I will do exactly that.. Yes, I know I can Request for Decision myself,  I just don't know why they don't do it! And if I can ask to Dismiss a case because they send me certified statement saying that they filed Motion for Summary Judgment when they didn't!

[HueyPilot]

I suspect Courts in Utah are busy and waiting is hard to do in these cases. Additionally it's best you don't file a Request for Decision yourself as it may accelerate the process. Meanwhile I would go to the Courts website and find your casefile on the docket and see if a MSJ is confirmed as filed. You can also call and talk to the Court Clerk and ask.  If a MSJ is filed you have a limited amount of days to respond and file your reply and supporting memorandum of points and authorities. If not, you can use the time to research and compile your Reply with Memorandum of Support. I believe their is a template above on this post.  If you post a redacted copy of the MSJ we can help you reply if you need help. Also check the courts rules of procedure. Just make sure you get your opposing memorandum filed timely. See below.

~~~

"Do not file the Request to Submit for Decision until the Reply Memorandum Supporting Motion has been filed or until after the time for filing a Reply has expired. If there is no Memorandum Opposing the Motion, then file the Request to Submit for Decision after the time for filing the opposing memorandum has expired. You may request a hearing as part of the Request to Submit for Decision. A Request to Submit for Decision must be filed even if the parties stipulate to the motion".

[MillaRichards]

So, an update.

1. Midland send me Motion for Summary Judgment and Certificate that this is an exact copy of what they filed on April 27, 2021, but they didn't actually file! 

2. Motion for Summary Judgment in April or May of 2021 does not exist in a court file.

3. I didn't know that they didn't fill and submitted a reply memorandum in May 2021.

4. I guess they read memorandum and decided to adjust their defense. 

5. I sent Plaintiff’s attorneys a note in June 2021 that I will be out of the country the entire month of July 2021.

6. guess when they decided to file a motion for summary judgment? Correct. In the beginning of July 2021, so by the time I come back, the time limit to Respond had passed and they can get judgment by default. 

7. I had 24 year old daughter watching my mail and she had been instructed to watch for any words Lawyer,  law firm, attorney,  court, in my mail and call me immediately. So she did. 

8. I emailed a court, explaining that I asked attorneys of Plaintiff for continuance but they filed motion for summary judgment anyways and I am out of the country. 

9. They recommended motion to extend time to respond. 

10. I bought a cheap printer, typed in motion to extend time to respond, Certificate of service, request to submit for decision and order on my android, printed, signed, scanned by my android and emailed it to court. I printed a copy for a Plaintiff and mailed it to USA by trackable mail service. 

11. I waited for response from the court and in two days emailed the court clerk to see if they submitted to the judge.  Court clerk told me they will wait for a Plaintiff’s response!!! This where I was glad I've read that motion to extend time to respond is a Motion which does not require an opposing side opinion. I had to get a masking IP address service to pull Utah code of Civil Procedure to show a clerk exact article in the code which said that they need to submit it to the judge immediately without waiting for an opposing side.

12. I received 30 days extention to Respond.

13. Upon return to states I wrote a reply memorandum opposing motion for Summary Judgment and submitted exhibits and my sworn affidavite which I had notarized. 

14. Plaintiff did not respond to my memorandum. 

15. Plaintiff requested to submit for Decision in September 2021.

16. Today, January 3, 2022 was a hearing online for the Motion for Summary Judgment which lasted two minutes.

17. Plaintiff’s attorneys said that upon reviewing Defendant's memorandum, they agree that there is a material fact and would ask court to deny their own motion. 

18. My court hearing participation consisted of me stating my name in the beginning and me saying thank you and goodbye to the judge.

Ohhh. Forgot to add. Before the hearing,  on December 31, 2021, I submitted to the court Attachment to my memorandum opposing,  consisting of two exhibits.

It was 1) copy of the first motion for summary judgment which they certified that they filed, when in fact they didn't.  So I wrote in my Attachment that from Defendant’s point of view it is a second summary judgment filed by Plaintiff in this case. And 2) a copy of the case I said I will use in my legal arguments which was a case from 4th district utah court Northstar vs Haring 

Where Defendant won because contract was not legal.

Long story short - write a response.  Show up in court. They will watch. They will try. They waited and hoped I wouldn't show up at the hearing. Otherwise they wouldn't withdraw it ... 

So. Defend yourself