midlandhater Posted December 8, 2009 Report Share Posted December 8, 2009 Went to court for my final hearing against Midland funding today only to find out that when I got there my CASE WAS DISMISSED! I did my homework on this site and listened and read all the great things from the "FL LAWYER", "ADMIN" AND MANY OTHERS. I read and tried to understand the florida rules of civil procedure as best as I could., as per the FL Lawyer, and read step by step winning against Midland funding until my eyes bled. I read and I read and I read!!!! To all out there, do what these people tell you and dont be lazy and expect them to do the research for you. They put their time in and did there due diligence too. Read the threads and advice of others. Learn how to right a motion and understand your rights under the FDCPA. YOU WILL WIN AS I DID.I knew nothing about any of this before I found this website and thought I was done for! THANKS AGAIN TO ALL OUT THERE- THIS SIGHT IS INVALUABLE.KNOWLEDGE IS POWER!!!! Link to comment Share on other sites More sharing options...
BrokeBob Posted December 8, 2009 Report Share Posted December 8, 2009 Fantastic! Was this a dismissal with or without prejudice? Link to comment Share on other sites More sharing options...
trueq Posted December 8, 2009 Report Share Posted December 8, 2009 War is not just about defending off the barbarians at the gate.Its also about attacking the barbarians in their home village, taking their stuff, and burning it down. (In a more politically incorrect era, you would also carry off their women, but war has to be politically correct these days).Congrats on beating back the Midland barbarians! Link to comment Share on other sites More sharing options...
BrokeBob Posted December 8, 2009 Report Share Posted December 8, 2009 As for carrying off the women: According to DNA studies, did you know that of all the humans who have lived in the past few thousand years, which one has the most descendants?Genghis Khan!THAT was total warfare. Link to comment Share on other sites More sharing options...
midlandhater Posted December 8, 2009 Author Report Share Posted December 8, 2009 without prejudice as I was still alittle unsure at the time what each of the 2 meant. Now that i know, I should have dismissed with prejiduce, as I just pulled my credit report last week and found Midlands name as a new debtor. I think that Trueq is right. I should now turn around and sue the crap at them for god knows how many violations under FDCPA. At least one so far! Link to comment Share on other sites More sharing options...
musimann Posted December 8, 2009 Report Share Posted December 8, 2009 That is good news! So many people lose to these guys because they never challenge them in court. The dismissal W/o prejudice also begs the question. Can you motion to have the dismissal vacated for one with prejudice? Maybe Fla Lawyer could answer that.At least you know that if they come after you again you will be prepared. What was the basis of the dismissal? Link to comment Share on other sites More sharing options...
midlandhater Posted December 8, 2009 Author Report Share Posted December 8, 2009 Not sure of the basis the judge put on the dismissal, as they clerk did not have his paperwork as yet, and stated that she would mail to me this week. He did not dismiss the case until yesterday, as I had called the court on Friday and the clerk told me that the judge would not consider the dismissal until the trial the following Tuesday, which is why I showed up in the first place, as I assumed after what the clerk had told me on Friday, that i had to show up, so I didnt call back on Monday to recheck. My basis for dismissal in my motion was that Midland was that i requested a continuance just to Midland could be properly served with discovery and production of documents request and never responded. I sure would like to go after them now for putting their names on my credit report, and created all this ^*&%&* in my life for the past 6 months! Link to comment Share on other sites More sharing options...
rikkivs Posted December 8, 2009 Report Share Posted December 8, 2009 Congrats! Link to comment Share on other sites More sharing options...
chewba1 Posted December 9, 2009 Report Share Posted December 9, 2009 I hope I am as lucky as you were..I just got a default judgment from a lawyer for Midland Funding. I WAS NEVER SERVED......I checked the court records and it said that a sheriff tried to deliver to me in August once and only once and "ret of serv-nonserv-no response" is what is on my court records...Now I have a default judgment and don't even know what it is for. Had some bad times and several credit cards went into arrears back in 2006, been trying to pay them all off since. I am self employed and do not drive so it was a rare chance that I was not home when the sheriff showed up but does that still mean that it is okay to give me a judgment??? Midland is giving me NIGHTMARES.... Link to comment Share on other sites More sharing options...
FlaLawyer Posted December 9, 2009 Report Share Posted December 9, 2009 I hope I am as lucky as you were..I just got a default judgment from a lawyer for Midland Funding. I WAS NEVER SERVED......I checked the court records and it said that a sheriff tried to deliver to me in August once and only once and "ret of serv-nonserv-no response" is what is on my court records...Now I have a default judgment and don't even know what it is for. Had some bad times and several credit cards went into arrears back in 2006, been trying to pay them all off since. I am self employed and do not drive so it was a rare chance that I was not home when the sheriff showed up but does that still mean that it is okay to give me a judgment??? Midland is giving me NIGHTMARES....How is that possible? File a Motion to Vacate Judgment based on lack of Service. Does the court record list a Final Judgment? Link to comment Share on other sites More sharing options...
jewel1325 Posted December 9, 2009 Report Share Posted December 9, 2009 Congrats! So happy for you. Your victory offers so much hope to the rest of us. Link to comment Share on other sites More sharing options...
chewba1 Posted December 9, 2009 Report Share Posted December 9, 2009 FlALawyerHi I just checked and it says Final Default Judgment...You said to file a motion to Vacate Judgment based on lack of service..Do I just go to the courthouse and pick up a form fill it out and then file it with them???I haven't had much dealings with the court system in my long life...I suppose I can search these threads and see if they have forms available and instructions...thank GOD for this site...Thank you for the help... Link to comment Share on other sites More sharing options...
FlaLawyer Posted December 10, 2009 Report Share Posted December 10, 2009 Review the Florida Rules of Civil Proceedure. They will guide you on how to vacate a judgment. I doubt the clerk has a form. There are forms on this site -- somewhere. Link to comment Share on other sites More sharing options...
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