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brjmhome6

Start To Finish Winning Against Midland Funding Aka Jdb!

By brjmhome6, in Is There a Lawyer in the House

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hopefulscambeater.

hopefulscambeater. 44

Posted
Posted

VERY good thread!

My wife got served one week ago today, on a debt we've never heard of, for around $600 plus court costs/interest (about $800 total) The "Affidavit" has no legible account number and the "statement" doesn't even have a NAME on it (of anyone much less wife's name) it's hard to believe they could get a default jugment with NO evidence presented of the alleged debt.

We filed our answers and AD yesterday in District Court (in KY) She plans to file a motion for Summary Judgment Monday and a Motion to strike the Affidavit and "statement" Monday.

I can't believe that Midland can do much business in Ky with the "unjust enrichment" law [KRS 371.050] IF folks would find out the laws AND fight these crooks , beat them at their own game?

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dsicily

dsicily 10

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My Friend got a summons from Midlnd through Blatt,Hasenmiller, Liebsker & Moore LLC, she called them and worked out a deal, she was going to pay them money and still let them sue her.

she needed to fax a signed agreement to them, it was the last day to file an answer to the summons and those dirty NutterTruckers!! new it, so she came over my house to fax it.

I asked where she was faxing to, when I heard it was Midlnd I said no way! You fight them scums!I checkedinto it and The debt was Time barred SOL of course and sold twice.

I made her call them just for fun and tell them she changed her mind and she'll see them in court, maaaan if her phone didn't blow up!

So the next day I went with her to file her appearance, It was on the last day, It was with joy! we also filed a motion to strike the bogus affidavit and statment. The court rm was packed, she got a return date.

I didn't go but it was a female attorney and she tried to bully my friend into a deal but she didn't budge.They went back in the court and my friend told the judge that no contract exists between the OC and Midland and that the Debt is TB and SOL, and how did they come up with the balance and asked for a dismissle.

Midlnd asked for a continuance to bring proof and they never showed up in court, It was dissmissed with Prejudice!

Now She gets a letter yesterday stating that she owes them money still, she calls them and they said " it doesn't mean a thing that the case was dissmissed, it's on your credit". what is this?

Sorry this is so long!

Thanks,

dsicily

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ontheside5050

ontheside5050 10

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Posted

i just got served on the 18th and wife got served on the 20th..

on the front page it said.. GREETINGS: You have been sued. WTF! greeting? lol

i need some help with my WRITTEN ANSWER.. some of the questions they are asking me to admit to i really dont remember or know so what should i answer.

1. defendant requested that chase bank open cc account in defendant. **i guess i did but dont remember cuz it was so long ago**.. so admit or deny?

2.based on request, chase opened cc in defendant name.

3.chase and defendant entered into an agreement to create a revolving charge agreement for credit

4.defendant understood that defendant is required to repay all charges on account.

5. defendant received monthly statements for chase showing charges

6. defendant owes sum of $6969.00 as of 7/31/2007. **I really dont remember or know**

7. defendant has breached defendant's contract with chase.

8. defendant is not a member of military service with orders that would give defendant a right to a delay under the law. **what does this mean?**

9. defendant has no defense to this suit, and judgement should be granted.

10.defendant is obligated to pay plaintiff reasonable and necessart attorney fee

11.plaintiff and chase have applied all just and lawful offsets to the account

12. midland is the present owner and holder of the obligation referred to in request number 1 as result of a proper assignment

13. if your are represented by an attorney, please admit that your attorney represented to you prior to you hiring that he could cause this action to be dismissed if you hired him. **why are they asking this**

14. defendant has no offset, credit, or claim against plaintiff

15. defendant consents to the court's jurisdiction

16. plaintiff predecessor's conveyed, transferred, assigned rights to the account to the plaintiff.

thanks for any help that i can get.

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hopefulscambeater.

hopefulscambeater. 44

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Posted (edited)

LOL @ "Greetings you're being sued".....

Do not admit anything you do not recall or are not sure of, you'll hand them the win "just like that", the burden of proof is fully upon them, all you need do is rebut their claims with facts, they don't like that LOL

How long do you have to answer?

You "might" want to research the Texas Debt Collection Act ;) as it offers pretty good consumer protections even when compared to FDCPA

Also in particular

TEX. FIN. CODE § 392.001 DEFINITIONS

TEX. FIN. CODE § 392.001(3)

TEXAS DECEPTIVE TRADE PRACTICES AND CONSUMER PROTECTION ACT (“DTPA”), TEX. BUS. & COM. CODE

§ 17.41, et seq.

Edited by hopefulscambeater.
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hopefulscambeater.

hopefulscambeater. 44

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Posted

Well, that varies to some extent from state to state , but is largely defendant on how well you did on drafting your answers and Affirmative Defenses, and if you had counterclaim how well you drafted those IMO . The good news is JDB (Like Midland) depend on your not answering and mounting a solid defense, a good start would be reading this thread and the one Casey posted ;)

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momoneymoproblems

momoneymoproblems 10

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Hi,

I am currently in the process of going to court with midland funding. I submitted a production of documents just as you had stated and the Plantiff (midland funding) objected to answering questions 1-13 because it didn't conform to the missouri rules of civil procedure.

Nevertheless they did attach the same thing you talked about with the account number and named attached. I'm banking that there are no other documents available. Is there anyway that i can resubmit or file another document?

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mrmaybach

mrmaybach 10

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This is great. I went to court to have a judgement vacated after I had filed a motion to vacate after an scumbag lawyer for Fia card services got this default judgement saying he did not get my interogs on time after he filed a motion to compel and this judge gave only 5 days to answer. I fought hard in court and kept asking the judge for my right to a trial as was scheduled before this lawyer got this default judgement. I kept asking the judge for my right of due process. The scumbag lawyer kept telling the judge I had no defense.

I also explained that the lawyer had gotten 2 cont's . I have show up at every hearing requested.

1st was for mediation where I requested a trial. I also did not go along with the pack to just let this lawyer roll over me.The lawyer got very upset with me for pleading my case and I kept asking in a very polite way for a trial. The judge granted the motion to vacate and scheduled a trial.

This scumbag lawyers just keep trying every way to get these judgements without Pro Se having a chance to have them prove their case.

Edited by mrmaybach
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donhustle

donhustle 10

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I will finally get to see the judge tomorrow!!My last appearance ,the lawyer or paralegal

tried to say my answers to discovery were late.I replied that the plaintiff had no original contract or anything with my signature.So the the judge scheduled a trial ,so I will update when I return.

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brjmhome6

brjmhome6 35

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Wow, I never expected my little thread to become such a breathing beast :)

Lawyers are sure scumbags my friends and they will try anything to get their way. 3/4 of their job is pure scumbag tactics and 1/4 is actual law...always remember that. I think I may have to pickup a participation in this thread again. Seems like fun :)

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GDayMateAZ

GDayMateAZ 116

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Posted (edited)
Wow, I never expected my little thread to become such a breathing beast :)

Lawyers are sure scumbags my friends and they will try anything to get their way. 3/4 of their job is pure scumbag tactics and 1/4 is actual law...always remember that. I think I may have to pickup a participation in this thread again. Seems like fun :)

@brjmhome6 !

Your Little Thread was a lifesaver for me !!!

I found it and this Awesome CIC Board couple months (May-June 2010) before Midland filed the lawsuit against me.

Thank you a lot !!!

http://www.creditinfocenter.com/forums/showthread.php?t=304222

Edited by admin
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donhustle

donhustle 10

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I will finally get to see the judge tomorrow!!My last appearance ,the lawyer or paralegal

tried to say my answers to discovery were late.I replied that the plaintiff had no original contract or anything with my signature.So the the judge scheduled a trial ,so I will update when I return.

Went to court finally,and the buzzard attorneys dismissed the case!!!

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