Start To Finish Winning Against Midland Funding Aka Jdb!

[AKA]

This is a great thread! I wish I had stumbled on this site earlier in my own case!

[Baggins]

Will know something concerning Midland the first week of december, that's when our "trial" with them is set for.

They atty's they hired however aren't so easy and are playing nasty every step of the way. Unfortunately they may have me with their last tactic as can't seem to get any info or suggestions on what to do next.

Edited November 16, 2009 by Baggins

[whooizit]

In Spears v. Brennan,the opinion makes clear that an FDCPA claim “has nothing to do with whether the underlying debt is valid. An FDCPA claim concerns the method of collecting the debt. It does not arise out of the transaction creating the debt[.]” Azar, 874 F. Supp. at 1318. I think this means that time limits regarding counterclaims are irrelevant. Thoughts?

[lisarayesbaby]

love it you are great!!

[diggingmyheelsin]

This is a great thread! I wish I had stumbled on this site earlier in my own case!

^^This for sure. I am hoping I can salvage mine, as I was going along blindly before finding this forum. Great info here.

[nrgins]

^^This for sure. I am hoping I can salvage mine, as I was going along blindly before finding this forum. Great info here.

I agree with both of you. This forum's been a godsend for me!

I, too, made some mistakes early on, and almost ended up with a default judgment. Fortunately, I found this forum in time and the people here were kind enough to help me (and continue to).

Thanks so much everyone! Your help is really appreciated!

[GA_Peach]

Thank you so much for sharing this! I'm still trying to figure out how to fight back against Zwicker & Assoc in GA ~ this is extremely helpful!

[Debt0r]

I've read this 5 times today. I am going to attempt to do this myself as I have to file a response to their complaint which has a "Account Stated" section and then 4 paragraphs that I would assume I need to deny.

brjmhome6, Help!

[Tormented]

brjm, you sir are a lifesaver. I have spend days, and countless hours since being served by Midland. Your documents posted has answered my questions on what an Answer would look like when done properly. Of course your case seems to have gone further than I hope mine does, as I just want to get past and be done with it. But still, thank you for such great assistance to myself and everyone that has viewed no doubt.

[jackson212]

do you have a document that breaks down how you assert the counterclaims? especially if they are fdcpa violations how do you assert these in counterclaims?

help on that asap if possible

anyone

[rjutah]

I am new here but lots of fantastic usable information in this thread. I see lots of questions about document delivery, verification etc. Three steps will insure that your documents are considered as delivered, and more importantly admissabile into the court record, even if the other side denies receipt.

1. Have all documents, requests, motions etc NOTARIZED.

2. Record the NOTARIZED document with your county recorder. Document is now in the public record, and admissable in any court proceeding.

3. This is the biggie. If you have the letter delivered by a process server, the court is involved from that moment on. A process server is an officer of the court. No judge wants to acknowledge that and do anything about it. No lawyer will ever admit to it. When the process server delivers that letter, it‟s delivered by the court. That‟s it. And that‟s a real big deal.

Even if you do not do 1-2, do this if your finances allow. Usually you will be sending docs to oppossing counsel, which should be located in your area or close, so service fees should not be much more than 35-50 depending on distance, attempts and process servers own fee schedule.

You can find processs servers in your local directory, or go down to your local Justice Court or District Court and ask for a list.

A notary is a public officer. A process server is an officer of the court. That is a lot of authority when, instead of mailing your own documents, delivery is done with a process server, because now it is the court delivering your documents and you have the Affidavit Of Service which shows What , When, Where, and Who

keep the faith and keep on fighting

Edited September 23, 2010 by rjutah

[Anne Tyler]

CERTIFICATE OF SERVICE

The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: LAW OFFICES ADDRESS, on 1 /1/00.

__________________________________

My next court date is mid february & 1 day before court, the 30 days expires on the production of documents directed to the plaintiff. On that day i will file a motion to compell. The next day we appear in court, I will hand the judge a motion to dismiss & watch a lawyer get embarrassed (hopefully).

Now all of these documents I sent certified mail with return receipt. I filed every single document with the court & sent the plaintiff 2 copies & retained a copy of each for myself. As long as you document EVERYTHING and comply with EVERYTHING & you demand evidence before any admission, you'll be just fine. Remember, these people are nothing more than debt collectors wearing shiny shoes that know how to file paperwork. DO NOT BE INTIMIDATED! Remember, JDB's are the lowest form of life on earth & should be treated as such. I encourage anybody going through this court facilitated harassment to do your homework & above all, demand proof and accept nothing less!

I knew from reading your initial paragraphs you were no doubt being sued by Midland Funding because I recognized the FOR MONEY OWED yada yada and the pathetic statement of account.

You seem to have done a really good job at dealing with these scum.

You left on scenario out though, the one that applied in my case. Having appeared, responded without "admitting" anything, answered all their discovery, moving for dismissal with prejudice etc. and had them on the ropes and THEN

the trap was sprung. Seeing they weren't getting anywhere they decided to take matters into their own hands. However, it required and they did have the joint effort of the judge (gasp! that's blasphemy according to most) wherein its rigged for you not to show up.

The judge continued my case for 90 days. Then the next month at the regular court date my case was advanced w/o notice to me and SNAP they had a prepared journal entry/order of default judgment and some hokey affidavit for the judge to hang his robe on and on that day I had a default judgment entered against me. Even though I responded, always, and defended successfully. There is no way to defend yourself in advance to the possibility of fraud (another gasp) unless you get everything in writing and in my case it was all oral.

So, with that in mind, I would have to insist on something in writing from the judge every time there was a continuance so I would have had a record of his continuing the case for 90 days. Now, its my word against his unless the tape recording is audible enough to back me up. Logically, I have proof that I was deceived. IF they prefer not to think logically then there is the chance that incredibly having done everything required I will have lost.

Which will be damned wrong. People are trying to insist that I'm being melodramatic and that there is just some "misunderstanding". There is no misunderstanding. And we need to stop covering up for judges and attorneys because the very thought that judges could be crooks is offensive.

But, the truth hurts sometimes.

I'm sending complaints against the Judge and the attorneys. I will file to vacate the judgment and wherever else it goes. The judge could refuse to vacate the judgment because in essence if he grants it he has more or less admitted he "manipulated". We shall see.

I urge people to keep in mind the need for a paper trail to protect yourself against this kind of manipulation aka lies and deceit and misconduct.

I will certainly do this moving forward but I must say I never have encountered a judge who was so good at obfuscating what was going on. But he had a good reason for being "unclear" obviously.

[Anne Tyler]

It was indeed a circus. To see literally hundreds of people being taken advantage of by 4 lawyers representing the same dirt-bag clients was too much for me. It was really like I was on some legal drama episode it was so surreal that so much money was changing hands without even a fight out of these defendants. They constantly request continuances trying to draw out the court case so you'll hopefully default. I've read that dv is not useful after a lawsuit has been filed but I do agree with you....if the lawsuit is the first time you've received a demand for payment from a CA then under the FDCPA, your dv request technically is still valid which is why I did make an attempt. I faxed a copy of the dv request w/ the order to cease & desist which obviously I cannot prove the received in the same manner I could if I had sent it certified mail but nonetheless, when we arrived in court, the lawyer acknowledged she could not speak with us b/c there was a cease & desist on file so they DID receive it. They just chose not to respond b/c they don't have anything. One question I have for the pros here is if you have a cease & desist in effect & their attorney tries to mediate with you by means of offering up a default plea, does this constitute an FDCPA violation? I was under the impression that a solicitation for a plea bargain would constitute "contact" which would in turn be a violation of the FDCPA, right? I've still got a copy of their offer for default which I will bring into court if I do indeed have a violation to collect on. BTW, this happened at the 2nd court date...apparently the 2nd lawyer (or paralegal) we spoke with initially ignored the cease & desist & tried to solicit my wife out of a signature for a default judgment. After their lawyer explained what she was trying to solicit I reminded her of the cease & desist order & she then suddenly remembered that she wasn't supposed to be talking to us. What do ya think? Is that offer "proof" that a violation took place?

I agree, it is disgusting to watch. And it is disgusting to me knowing that I was purposely lied to and that logically it is happening to others who show up and don't knuckle under to them.

Which is why it is very disturbing and disappointing that I meet so much resistance to my suggestion that the judge is fallible and dishonest and a cheater.

If I went along with suggestions I would stop saying he lied and I would do what everyone else is doing, I would say he made a "mistake". But that wouldn't be fair to me OR the people coming after me who will suffer the same insults because I capitulated and I quit saying he lied.

We are our own worst enemy when we refuse to see the truth.

[FL4answer58]

We are our own worst enemy when we refuse to see the truth.

http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?p=1078002#post1078002

See, post - 'Debt Deception'

[Anne Tyler]

Would not the person signing these worthless affidavits be guilty of perjury? I guess it would depend on if they understood how they were to be used in a court of law? Still, signing something and swearing it to be true?

See No. 1 - Affiant

See No. 2 - even if it is inadmissible as evidence ?

Missouri Revised Statutes

Chapter 575

Offenses Against the Administration of Justice

Section 575.040

August 28, 2009

Perjury.

575.040. 1. A person commits the crime of perjury if, with the purpose to deceive, he knowingly testifies falsely to any material fact upon oath or affirmation legally administered, in any official proceeding before any court, public body, notary public or other officer authorized to administer oaths.

2. A fact is material, regardless of its admissibility under rules of evidence, if it could substantially affect, or did substantially affect, the course or outcome of the cause, matter or proceeding.

3. Knowledge of the materiality of the statement is not an element of this crime, and it is no defense that:

(1) The defendant mistakenly believed the fact to be immaterial; or

(2) The defendant was not competent, for reasons other than mental disability or immaturity, to make the statement.

4. It is a defense to a prosecution under subsection 1 of this section that the actor retracted the false statement in the course of the official proceeding in which it was made provided he did so before the falsity of the statement was exposed. Statements made in separate hearings at separate stages of the same proceeding, including but not limited to statements made before a grand jury, at a preliminary hearing, at a deposition or at previous trial, are made in the course of the same proceeding.

5. The defendant shall have the burden of injecting the issue of retraction under subsection 4 of this section.

6. Perjury committed in any proceeding not involving a felony charge is a class D felony.

7. Perjury committed in any proceeding involving a felony charge is a class C felony unless:

(1) It is committed during a criminal trial for the purpose of securing the conviction of an accused for murder, in which case it is a class A felony; or

(2) It is committed during a criminal trial for the purpose of securing the conviction of an accused for any felony except murder, in which case it is a class B felony.

(L. 1977 S.B. 60)

Effective 1-1-79

Edited October 4, 2010 by Anne Tyler

[Anne Tyler]

OK,I've followed the steps & the douche bag attys are claiming they never received my answers.What do i do?

I would always send something like that with a delivery verification by the post office or whoever delivers it.

I sent my answer to Kramer and Frank with a proof of delivery but they too said they had not received it. I told the judge I had a receipt from the post office and would he like to see it and he declined.

Anyway, presumably after that they "found" it because I never heard anything else about it but the judge very considerately continued the case to give them a chance to look it over.

[Anne Tyler]

Ok I didnt have the answers sent certified mail,but I filed a copy with the court.I called the court yesterday & they said they had my answer on file.My question is,plantiff filed a MSJ,& I wanted to know what to do.

Request to Strike Motion for Summary Judgment

[Cookie]

Is this person still around?

I am being sued by Midland.

I no longer live in MO and wasn't living there at the time they filed the suit.

The people that live at the address now knew who I was and called me to tell me about the summons, Summons was served on 8/9/2010 I was advised on 9/8/2010, I emailed the clerk of court for a copy of the summons and then send the attorney a DV, they sent statements from the day the account was opened to the day it was closed.

I filed a motion with the clerk to have the case dismissed as I no longer live there and cannot travel 665 miles to go there they gave me a continuance until Oct 18th which is fast approaching and I cannot get another continuance unless I show up in person which I can't do.

Somone HELP!

[caseyray]

I was served Midland's Petition in May and received their dismissal today after months of litigation, without paying any firm to handle my case. I will soon post all of my answers, requests, and motions used to defeat Midland in a tightly organized step by step reference. This thread was a determining tool in my success, thanks brjmhome & redlinehome.

[RebelLady]

CONGRATS! CONGRATS! CONGRATS! caseyray...you GO!!

I'm sure we'd all like a step-by-step from you if it wouldn't be too much trouble...

xdancex

WTG

RL

[JBDBEAN]

This thread was a determining tool in my success, thanks brjmhome & redlinehome.

I too was inspired by this thread! I was currently served with a summons by midland funding, represented by pressler and pressler.

I was so glad that I found this thread. I must admit I am a bit confused, see my story here in the thread titled "NJ help with Answers Midland/Pressler"

Jeanie

[nrgins]

That's great to hear! Congratulations!!

I do hope, though, that you'll post your step-by-step in a new thread. This thread is getting (has gotten) kind of long. Maybe, once you create your new thread, just post a note here referencing that thread?

[dledhead]

Is this something that can be done in Ohio? (this question probably reveals my ignorance:confused:)

Is this Request to be done proactively? (Am currently answering complaint by Javitch Block and Rathbone). Or, does it follow something they may file with the court?

Please advise.

One more thing, just because an original creditor is named as plaintiff does not mean they indeed retained the services of the legal firm, in this case, JBR. Is that correct?

[Baggins]

Would not the person signing these worthless affidavits be guilty of perjury?

Midland cannot issue their patently false affidavits claiming personal knowledge of their so called affiants thanks to a federal judge in Ohio. Midland appealed the ruling and still cannot use them.

See:

http://creditfactors.com/pro/course/images/8-11-09-opinion-midland-false-affidavit-pub.pdf

And where Midland filed a counterclaim:

http://creditfactors.com/pro/course/images/9-23-09-memorandum-affirming-injunction-pub.pdf

But, still, Midland cannot use these false affidavits.

You like how they are a pure example of confusion by having so many different names they operate under? Midland Funding, MCM, Midland Credit Mgt...yes all the same crooks but have the ability obviously, to use the different names as leverage in a court by claiming one is different from the other.

[nobk4me]

Is this something that can be done in Ohio? (this question probably reveals my ignorance:confused:)

Is this Request to be done proactively? (Am currently answering complaint by Javitch Block and Rathbone). Or, does it follow something they may file with the court?

Please advise.

One more thing, just because an original creditor is named as plaintiff does not mean they indeed retained the services of the legal firm, in this case, JBR. Is that correct?

Yes, you can file requests for production of documents in Ohio as part of discovery, see OCRP 34. Usually discovery is filed after you have answered the complaint.

While it is probably the case that the OC has hired JBR to represent them, it never hurts to make them prove everything.