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has anyone lost against Midland if they filed a sworn denial..what else should I do?


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I can't seem to find a lawyer that could just give some advice. I live in northern TN. So someone please help me. I have read some of these postings which have helped but I not sure what else I should do. I have a few months before my court date.

Should I also send plaintiff a request for discovery...of course by CCRR?

If they don't answer within 30 days, I do have time to send another request.

I thought if I did this I could find out if they really have a case.

Has anyone ever lost against them, if they have tried to fight it?

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Of course you can beat Midland. They are a papermill when it comes to filing lawsuits.

OK - first:

Have you filed your answer?

I filed a sworn denial that is all so far. I wasn't sure if I should also send a request for production of documents...which I believe is the same as request of discovery. I am trying to keep all of these straight. Any suggestions?

The summons states that Emerge was the OC...but what I have learned is that Emerge had actually bought out some of Providians accounts. So I am not sure if Midland actually has papers or not.

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check out affirmative defenses on this site to put in your answer.

You need to assert SOL, laches, chain of custody, etc.

Maybe even possibly consider exercising the arbitration clause. (Generally that waives Midland's right to litigate.) But you need to research TN law and courts if they still confirm credit card arbitration awards. If they do, this is probably not a good strategy.

Midland could overcome your sworn denial with a bogus affidavit from some yahoo claiming to "review" the account.

At that point, if you can't get judge to strike the bogus affidavit, you will need to DENY each point of their affidavit with your own affidavit and present any evidence to back your point to overcome Midland's run at summary judgment.

If Midland does not get summary judgment, its still possible to go to trial (demand jury now!), but unlikely in Midland's case.

What I'm getting at: If you are serious about winning, do not rely on sworn denial alone!

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Your first step in Tennessee is to file a sworn denial which denies what they said in their initial complaint. Then they have to file additional paperwork with the court to prove their case. I do not have my research with me but let me look for it tonight.

The key here is to do the sworn denial. I have been watching the JDB cases almost every week in my county and I have never seen one of them to go to trial. If the defendant does not show up or fails to file the sworn denial, they lose by default. If the defendant files the sworn denial and asks for a trial, the JDB dimisses the case. Every time, at least in the six months I have watched.

You need to find out when your courts hear the JDB cases and go watch a couple times. It is amazing what you can learn. My county does the cattle call first (the docket call where where most of the cases end in default) and then the trials right afterwords. This is when the cases get dismissed by the JDB's. Last week I watched a defendant sit there for two hours waiting for her case to be called only to find out that the JDB attorney had filed a written dismissal and gone home earlier.

Just to be clear, the docket call is for the cases being called for the first time. If someone has filed a sworn denial, then their case is set for a later date. The trials held right after the docket call were continued from a previous docket call. So don't ecpect to try your case on the same day as the docket call. I have never seen that happen.

The attorneys representing the JDB's were not at the top of their class. Most of them that I have seen consider themselves lucky if they can find the courtroom. Asking them to actually try a case is a joke.

BTW. assuming your case is in General Sessions Court, you will not get a jury trial.

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Your first step in Tennessee is to file a sworn denial which denies what they said in their initial complaint. Then they have to file additional paperwork with the court to prove their case. I do not have my research with me but let me look for it tonight.

The key here is to do the sworn denial. I have been watching the JDB cases almost every week in my county and I have never seen one of them to go to trial. If the defendant does not show up or fails to file the sworn denial, they lose by default. If the defendant files the sworn denial and asks for a trial, the JDB dimisses the case. Every time, at least in the six months I have watched.

You need to find out when your courts hear the JDB cases and go watch a couple times. It is amazing what you can learn. My county does the cattle call first (the docket call where where most of the cases end in default) and then the trials right afterwords. This is when the cases get dismissed by the JDB's. Last week I watched a defendant sit there for two hours waiting for her case to be called only to find out that the JDB attorney had filed a written dismissal and gone home earlier.

Just to be clear, the docket call is for the cases being called for the first time. If someone has filed a sworn denial, then their case is set for a later date. The trials held right after the docket call were continued from a previous docket call. So don't ecpect to try your case on the same day as the docket call. I have never seen that happen.

The attorneys representing the JDB's were not at the top of their class. Most of them that I have seen consider themselves lucky if they can find the courtroom. Asking them to actually try a case is a joke.

BTW. assuming your case is in General Sessions Court, you will not get a jury trial.

I have filed the sworn denial already. From what I have understood from reading this forum...it looks like my next move should be a request of documents...I have tried to read the TN civil procedures but it is all greek to me. I didn't know if I have to file a motion to request documents or if I write it letter form to JDB attorney then send copy w/CRRP to court. Also should/could I file a motion to strike affadavit as hearsay. I really don't understand the TN laws and don't have the money for a lawyer. So any help would be greatly appreciated on understand the TN procedures.

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From what I have understood from reading this forum...it looks like my next move should be a request of documents...I have tried to read the TN civil procedures but it is all greek to me. I didn't know if I have to file a motion to request documents or if I write it letter form to JDB attorney then send copy w/CRRP to court. Also should/could I file a motion to strike affadavit as hearsay. I really don't understand the TN laws and don't have the money for a lawyer. So any help would be greatly appreciated on understand the TN procedures.

you file a request,motion to produce documents, you can ask for, copies of contracts, account statements ect, some courts have a limit on how many you can ask for, you can look this information up at your court web site,

Discovery CAN be on your side, ask for the important things! esp stuff that should have your signature, if they cant . looks bad for them, and if they do try, you can fight it,

discovery gives you the "heads up" on what they will present in court,

Second make sure you file your affermitive defences and counterclaims if you dont you will not be able to claim them later,

when you send your answer, and counterclaim, and discovery they should have "around" 20 days to answer. make sure you file everything with the court. and send CMRRR to atty I make 4 copys, and get them All stamped, 1 for me , court , atty and a extra for adding stuff on( notes)

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