Midland asking for testimony by phone. Help!

[scj09]

Sued by Midland ealier in the year. I denied everything and at pretrial in June I told them I want proof. Their only proof was their famous affidavit and I told them it was insufficient. Then the case sat dead until October when all of a sudden I received a court date and a request for testimony by telephone for the plaintiff and instructions from the court to exchange all info between parties 30 days prior to the trial. Stupid me did nothing. Trial is next week. Then just this week I received an amended disclosure statement from the plaintiff now including a generic Citibank agreement from 1999 and a bill of sale. Here's the thing....

Affidavit states final statement of account from Citibank was 9/15/2007

Bill of sale has no name, no ss#, no address, no acct #, ect. It also states that Citibank sold this account (no # listed) to Midland in February of 2005.

How could Midland have possibly bought this alleged account from Citi when it wasn't even defaulted on until September 2007?

Court is next week!

What should I do at this point to get this in my favor?

Thanks in advance.

[admin]

Just handle it the same way you would in court. Object to their evidence as hearsay.

[trueq]

"I hereby exercise the arbitration clause you have been hiding from me by not producing the contract and your asssignemnt of that contract."

"Until we have an arbitration agreement for discovery, under the specific forum rules, we have nothing more to talk about."

"I authorize you to initiate the arbitration."

That will shut-up the opposing counsel.

[scj09]

Thank you for your responses!

Trueq, my only problem is that in the copies of the generic 1999 agreement they sent, there is no mention of "arbitration". I don't think they sent the whole thing. The first two pages are not numbered, then theres pages 2,3,4,5 then 9 & 10.

[BrokeBob]

Bring that up! Could it be that they 'forgot' to give you the arbitration agreement? Funny how they always forget the things that hurt them, but remember the things that help them. I bet that when you call them on it, they will somehow try to make it your fault! Don't let them.

[trueq]

I have a Citi agreement, I can fax to you.

What scumbags!

Giving you everything BUT the arbitration clause!

[scj09]

Trueq,

I don't have a fax machine. Can you email it? I can go to a Kinkos if need be. I think it is my best interest to have a copy.

I would greatly appreciate it!

You can PM me if you need to.

[Baggins]

Even with the halfass agreement and bos they still got nothing. You need to bring up the case law citing Midlands fraudulent way of producting affidavits, a fed case in OH, it's listed on this forum and is all over the internet. Just search Midland vs. Brent in Ohio. The fact they included a generic customer agreement, that they and I guarantee intentionally submitted incomplete, only opens up some doors for a potential lawsuit against them. Midland are scum so sue'em till they glow then sue'em in the dark!!!:twisted:

[scj09]

Thank you all so much for all of your advice. I am going to do my best to prepare myself.

At trial since they are submitting their bogus documentation do I just object to each piece of evidence as they introduce it and explain to the judge why I object to it?

Please keep the advice coming!

[rikkivs]

I think that matters as to how you will object or not to their testimony. Consider the questions you will ask them on cross examination and get them together. You ought to subpoena their employment records and to a Notice to Appear so that they are obligated to show up. You can justify this notice to the court given fraudulent behavior on their part in debt collection cases, cite sources etc. I think you will be fine and good luck.

[scj09]

Can you elect arbitration when Citi doesn't own the alleged debt anymore?

Would it be in my best interest to ask for more time for discovery at trial or just discredit their witness from the affidavit and all their bogus evidence?

[rikkivs]

Can you elect arbitration when Citi doesn't own the alleged debt anymore?

Would it be in my best interest to ask for more time for discovery at trial or just discredit their witness from the affidavit and all their bogus evidence?

Well I'm not sure, if the accounts are bought it seems like the provisions would remain the same and rights to the accounts transferred to the new owner.

[trueq]

Those arbitration clauses are written so tight, they would survive nuclear war and defeat the post-nuclear cockroaches in the process.

This was done to insure a complete screw of the consumer with NAF.

However, now that NAF was put out of business by MN AG,(I need to send her a Christmas card!) some debt lawyers cry like little girls when you do this to them...it makes my day.

[Baggins]

I would send them some discovery if I were you. You can issue your own requests, you don't have to wait on them to send you discovery. Ask them for everything under the sun. In your request fo production of documents ask for signed contracts between you and them, signed contracts between you and the alleged original creditor etc. Tons of sources on this site on what to ask for. There is a very good chance that as soon as their atty's get your discovery requests that they'll dismiss the case without prejudice. Then file a complaint with the AG for them filing a bogus lawsuit against you. Just some thoughts.

[scj09]

It is too late for discovery as court is in a few days.

If I elect arbitration, at what point during the proceedings do I say that I elect it? And since we are already at trial I'm not too late to elect it, right?

Having a hard time deciding arbitration or fighting in court.

All of their evidence is completely generic. Nothing is specific to or contains account numbers, my name, address, ss#, nothing. It's as if they have a stash of copies they use for everyone they sue.