GDayMateAZ

Midland Funding vs. me in Arizona 2010

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Today I've received a letter from the Plaintiff's Atty, that says:

"... My client is willing to dismiss this case WITHOUT prejudice at this time..."

I'm going to accept this offer.

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ORDER

"Pursuant to the foregoing Stipulation and good cause appearing,

IT IS HEREBY ORDERED that this action is dismissed without prejudice

as to Defendants ... , each party to bear its own court cost's and attorney fees."

I requested that the sentence

"IT IS FURTHER ORDERED that the Trial scheduled for 02-04-2011 be vacated"

to be added to the end of the proposed Court Order

to ensure that the scheduled Trial is removed from the Court Calendar.

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Congratulations, you won!

Thank you !!!

But I will celebrate it only after getting signed by the Judge Court Order ....

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congrats. you brought in your battle gear, your entourage, and your legal armor. i think it was too much for them at this time. i doubt any time will be the right time....i dont think they're coming back.

if they do, i know you'll be just as ready to hand their a$$es to them.

congrats. i'll mark this as a "win" for you!

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CONGRATS, CONGRATS, CONGRATS!!!

xdancex xdancex xdancex

Sit back and relish a job well done!!

RL

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CONGRATS, CONGRATS, CONGRATS!!!

xdancex xdancex xdancex

Sit back and relish a job well done!!

RL

RL,

Thanks a lot !!!

I'm almost there ...

I just need to receive the SIGNED Court Order (that could take maybe two weeks).

See ya later,

G'Day

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congrats. you brought in your battle gear, your entourage, and your legal armor. i think it was too much for them at this time. i doubt any time will be the right time....i dont think they're coming back.

if they do, i know you'll be just as ready to hand their a$$es to them.

congrats. i'll mark this as a "win" for you!

Jackson !!!

Thanks a lot !!!

G'Day

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Congratulations on a well deserved victory! ::rockon:::BigDance::woot:

@Hopeful,

Thanks a lot !!!

But... it's not done yet ....

I've received the proposed stipulation afternoon Wed 01/12/11, signed and sent it back to Plaintiff's Atty the next day Thu 01/13/11 ...

In my expectation, the signed by both parties stipulation must be filed with the Court the next week after MLK Day.

Anyway, the Trial is still scheduled for 02/04/11.

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I am currently in litigation with Midland as well. My court date is March 01.. I received a copy of the letter they submitted to the judge to approve a teleconference of a Ashley Hoffman or Nancy Kohls as well. What did you file to get that stopped? I have not seen anyting back from the courts granting them, but expect I need to file a motion to stop it. I need help I have been trying to read back thru the forum but kinda illterate when it comes to legal language. I have an account that they are taking me to court on a credit card account that was charged off on 08-24-2006. I beleive the SOL is 3 years. Can anyone help point me in the correct direction. I need to send in my exhibits asap as well.

Please help

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Additional information pertaining to this case is one of their exhibits invluded a copy of a bill apparently sent to me 2 years ago, it also included a copy of a bill they sent to some other person as well. Another exhibit referenced a completely different credit card company contract.

I beleive I am being scammed.

again please help!

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I am currently in litigation with Midland as well. My court date is March 01..

I received a copy of the letter they submitted to the judge to approve a teleconference of a Ashley Hoffman or Nancy Kohls as well.

What did you file to get that stopped?

I have not seen anyting back from the courts granting them, but expect I need to file a motion to stop it. I need help I have been trying to read back thru the forum but kinda illterate when it comes to legal language.

I have an account that they are taking me to court on a credit card account that was charged off on 08-24-2006. I beleive the SOL is 3 years.

Can anyone help point me in the correct direction. I need to send in my exhibits asap as well.

Please help

I could not say that got it stopped,

My Response with Objections looked like:

) RESPONSE TO PLAINTIFF’S

) MOTION FOR PERMISSION

) TO APPEAR

) TELEPHONICALLY

The Defendants, appearing PRO SE, respectfully request this Court to deny the Plauntiff’s Motion for Permission for Plaintiff’s Witness to Appear Telephonically on the Trial for the following reason:

1. One of Defendants has hearing loss and uses hearing aids. This fact creates him/her obstacles in hearing clear everything said by speakerphone (even with hearing aids). Please see medical records attached.

2. The Plaintiff’s Witness personal Appearance on the Trial would definitely ensure effective communication and prevent confusions and further misunderstanding.

Defendants state under penalty of perjury that the foregoing is true and correct.

Date: Defendant(s) Signature(s):

For now, I did not receive any response from the Court,

most probably because Midland suddenly filed the Stipulation for Voluntarily dismissal.

AZ SOL for Credit Cards is THREE years, which starts from the Date of Default

(when account became 30 Days Late).

If you use SOL as Defense, you (at least, indirectly) admit, that the account in question is yours.

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Additional information pertaining to this case is one of their exhibits invluded a copy of a bill apparently sent to me 2 years ago,

Is it Midland's or other JDB's bill ?

it also included a copy of a bill they sent to some other person as well.

You can submit MTS (Motion to Strike) against this item.

Another exhibit referenced a completely different credit card company contract.

I beleive I am being scammed.

again please help!

Just include this item to your MTS, too.

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It is a Midland account, I will defeintely include it in my MTS along with the copy of a completely different companies credit card agreement.

Exhibit B also shows a two different bill of sales bothe for the bill they had sent me and the other person. Neither list account numbers. I orginally requested the orignal creditors name but have never gotten a repsonse. This account goes back about 4 years prior to the delinquet date they stated. It has been sold and resold multiple times.

Thanks for your help!

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Yesterday I got back the copy of Dismissal Stipulation signed by Midland's Atty.

I assumed that the Stipulation was submitted with the Court the same time.

Today found online that my Case status changed from "01 - New Case"

to "Adjudicated" .....

At the bottom "Judgments: There are no judgments on file".

Edited by GDayMateAZ

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Today, I've received a nice piece of paper (only one page) from my local Justice Court of Maricopa County, AZ:

ORDER

Pursuant to the foregoing Stipulation and good cause appearing,

IT'S HEREBY ORDERED that this action is dismissed without prejudice as to

Defendants [me and my wife], each party to bear its own court costs and attorney's fee.

Dated: 01/20/2011 Judge: Signature

=================================

02/08/2011 - My biggest expense was $100 for Black Ink Cartridges (HP #21).

Edited by GDayMateAZ

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Congratulations you earned it IMO!!!

@hopefulscambeater !!!!

Thanks a lot !!! :)

This Board is Awesome !!! 8-)

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a second reason to celebrate within the same party.

bring out the cake (again). where's my cake.

i hope in a few weeks ill be celebrating too!

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a second reason to celebrate within the same party.

bring out the cake (again). where's my cake.

i hope in a few weeks ill be celebrating too!

Jackson,

Thanks a lot !!!

I'm just thinking does it worth $41.00 (Maricopa Courts Filing fee)

to file transcript and docket the Clerk of Court

my Court Order (Dismissal w/o Prejudice).

Would I need it in the future (Jan-Apr 2012) for disputing with IRS possible 1099-C from Midland ?

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Have you ever heard of Roman v Midland Credit Funding?

Its a real recent (just in the last couple of months) class action suit that is being settled out of court. It appears that some 20-some thousand people in Illinois and Indiana were sued by MCM (Encore) and presented with affidavits from an employee of Midland that contained false information. Midland has agreed to pay 200-some thousand dollars in restitution to the Plaintiffs in the class action suit rather than go through the cost of litigation (and although Midland has denied any wrong-doing, this sounds like an admission to me...IMHO).

RL

The settlement in Class Action case Lillian Roman v. Midland Funding, MCM and Encore (Pacer.gov case # 1:09-cv-05685) in US District Court (N.D. of Illinois, E. Div.) was approved by Judge on 01/18/2011.

3,017 (of total 22,377 class members) will receive settlememt checks.

Plaintiff's (Lillian Roman) attorneys Edelman, Combs, Latturmer and Goodwin will receive $73,750.

Plaintiff herself will receive $2,000.

Class Settlement Fund $221,250 originally was supposed to be distributed to 23,449 class members.

However, nobody of remaining elligible class members (3,017) will receive more than $1,000.

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I got some statistics for Adjudicated Cases filed Midland companies (MCM & Funding) in my local Justice Court in 2010-11.

7 - dismissed (Adjudicated with NO Judgment on file),

6 - w/ Judgment For Midland.

In percents, the score looks 53-47 for PRO SE.

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have you recieved your notice of settlement yet?

the ohio federal judge put a hold on all other class actions and preliminarly approved a settement of 5.2 million on march 11, 2011

http://oh.findacase.com/research/wfrmDocViewer.aspx/xq/fac.20110311_0000343.NOH.htm/qx

For the purpose of this order, "Class" and "Class Members" refer to: All natural persons

(a) sued in the name of Encore Capital Group, Inc., Midland Funding LLC, Midland Credit Management, Inc., or any other Encore and/or Midland-related entity (collectively, "Midland"),

(B) between January 1, 2005 and the date the Order of Preliminary Approval of Class Action Settlement is entered by the Court

c) in any debt collection lawsuit in any court

(d) where an affidavit attesting to facts about the underlying debt was used by Midland in connection with the debt collection lawsuit.

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