marimacha

Fighting Midland Funding in Arizona

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You will then move to disclosure - and this is where the real fun begins.

Ok here is what the package that they sent me with their disclousure statement has:

First letter:

1. Affidavit of indebtedness ( document from an employee of Midland stating that they are competend and they work for them and that they have knowledge of this account and the amount that is owed) and It's notarized.

2. Bill of sale (from Bank of america to them) my account number or name wasn't anywhere.

3. Statement from MCM (letter that they said they sent to me for collections) I never received.

4. Terms and conditions (copy of card holder agreement from BOA) no signature any where, means that this is not the original contract.

Second letter:

Supplemental disclousure statement:

Bank of America statements of the last 3 months of activity

Third letter:

1. Motion and order to appear telephonically (they claim that they are too far to drive all the way to Phoenix) I have to drive too and take the day off!

2. Order to appear telephonally

3. Plaintiffs motion for summary judgement

4. Statement of facts in support of plaintiffs motion for summary judgement(that has all the same documents that they sent me on the firts letter: statements,bill of sale, etc)

After that documents with out dates: (in hope that the'll win the case)

5. Judgement

6. Motion for award of attorneys fees and cost

7. Affidavit in support of motion for award of attorneys fees and cost(stating the hours that they want to charge me for)

8. Verified statement of cost(fees for court fillings and clerks fees)

All this documents are intimidating by their titles but I still have hope that something can be done with some direction, Thank you for reading, any tip will help me or someone else in the future.

Edited by Hormiga

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Send your discovery fast! Outstanding discovery will put a stop to their motion for summary judgment.

You also want to file a motion to strike the affidavit. The affiant cannot have knowledge of how the account was created nor the balance. In short, it's hearsay.

Also, when did you default on this account?

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Send your discovery fast! Outstanding discovery will put a stop to their motion for summary judgment.

You also want to file a motion to strike the affidavit. The affiant cannot have knowledge of how the account was created nor the balance. In short, it's hearsay.

Also, when did you default on this account?

Please forgive my ignorance I'm not a lawyer It's very hard to understand all these procedures and terms.

I appreciate you help, but I don't know what discovery to send, can you give me some examples please.

I'll file the motion to strike the affidavit, just to make it clear for what I understand, From the first letter/package that I received, in the document titled: Affidavit of indebtedness, I need to say that the person that works for them has no knowledge of how the account was created nor the balance? how can I make this claim when they have credit card statements with balances on them and she can see them, also she states the amount at the time it was charge off and the date that the account was opened.

Last time I sent a payment March 2008, and It was charge off on November 2008

Edited by Hormiga

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Check out the arbitration strategy.

Consider this in the arb clause:

YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS. EXCEPT AS OTHERWISE PROVIDED ABOVE, ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION IF YOU OR WE ELECT TO ARBITRATE.

What that means is if you elect arbitration, they can't proceed with the lawsuit.

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If the person who signed that affidavit is not an employee of the original creditor, then it's hearsay.

How do they know that these are the statements sent (format) or how everything is accounted for? If they work for someone else, they can't.

****

As far as arbitration, then you can file a motion to compel arbitration.

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If the person who signed that affidavit is not an employee of the original creditor, then it's hearsay.

How do they know that these are the statements sent (format) or how everything is accounted for? If they work for someone else, they can't.

****

As far as arbitration, then you can file a motion to compel arbitration.

Is it better to go to arbitration? will I be able to fight the original amount on arbitration? Please help, I'm going to file the answer in person at the court today. If I go to arbitration are they going to place a judgement any way?

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Arbitration is good because you can file a motion to stay the court case pending arb. And arb is very expensive for the creditor.

It changes the cost/benefit analysis of debt collection.

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Send your discovery fast! Outstanding discovery will put a stop to their motion for summary judgment.

You also want to file a motion to strike the affidavit. The affiant cannot have knowledge of how the account was created nor the balance. In short, it's hearsay.

Also, when did you default on this account?

Hi I'm confused, I sent a Motion to strike the affidavit, I have a pretrial conference next week, but yesterday I received a letter from the court, that was prepared by the attorney with the judge's signature and the tittle Judgement!

I didn't have the pretrial conference yet and they sent me this?

I'm going to the court today to find out what happened, every time I called they tell me that the judge haven't rule on it yet, I called yesterday and I got the same answer and now this?

What to I do? appeal?

Any suggestions would be appreciated

Thank you

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I guess I have to file a motion to vacate judgement and apply the arbitration strategy, how did this happened????I didn't get any notice for the hearing date or nothing, I called the court constantly to find out what is happening :(

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I guess I have to file a motion to vacate judgement and apply the arbitration strategy, how did this happened????I didn't get any notice for the hearing date or nothing, I called the court constantly to find out what is happening :(

a hearing is not required unless requested. definitely file to vacate judgement. on Thursday mornings there are lawyers that give free legal advice at the east valley Law library at the county court house. I am sure they do same thing downtown, call and ask. you need help. get copies of all your info from clerk on your lawsuit and have any forms you have filled out and ask the free lawyers to correct or add , change, etc

be sure to move for private arbitration ! bring your credit card agreement !

G/L !

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