Zulator

Went to pre-trial today

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I was 15 minutes early, like they requested. I waited for half an hour and the lawyer did not show. I asked the clerk how much longer I had to wait. She went to get the court clerk, who said I had something to sign. Then one of the girls sitting down told her the lawyer called and said he had "car troubles".

From what she said, the judge denied my opposition to the MSJ too. I kind of feel like they are giving the lawyer a lot of slack they wouldn't give me. I asked her what happens now, she just said to wait. How much longer can they drag this out?

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My feeling is that many of these courts do, for whatever BS reason, do give the people bringing these lawsuits more slack relative to delaying the process for one reason or another. Car trouble is a pretty lame excuse, one I doubt would make a defendant exempt from having a default judgement levied or having their motion denied or the plaintiff motion accepted in light of the defendant not showing up.

I don't understand how your motion in opposition could be denied if there was no hearing. From the few lines you wrote, things dont sound too good, the court accepted their BS excuse and evidently have denied your oppostion. Is this a JDB bringing a suit against you, did you anwser discovery properly. On what grounds did they make the MSJ??

Edited by fightemdontfold

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My feeling is that many of these courts do, for whatever BS reason, do give the people bringing these lawsuits more slack relative to delaying the process for one reason or another. Car trouble is a pretty lame excuse, one I doubt would make a defendant exempt from having a default judgement levied or having their motion denied or the plaintiff motion accepted in light of the defendant not showing up.

I don't understand how your motion in opposition could be denied if there was no hearing. From the few lines you wrote, things dont sound too good, the court accepted their BS excuse and evidently have denied your oppostion. Is this a JDB bringing a suit against you, did you anwser discovery properly. On what grounds did they make the MSJ??

I don't want to re-hash the entire story, it's in other threads I started. To sum it up, I discovered that my father settled this account with another JDB in 2008. I filed an opposition to the MSJ with this information. So, I can't understand how the judge would deny my motion without a hearing. I asked the clerk what would happen if I didn't show up and used that lame excuse. She just said he would require proof.

They filed the MSJ strictly based on their false affidavit and a single cc statement showing no charges or payments, just a late fee.

Edited by Zulator

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I don't know how your dad making an agreement with them would then make you a party to that agreement. That is definatly a unique situation that only an experianced person could advise on.

As for what you were told by the clerk, well I would request proof from the lawyer that called out on your court date of their car trouble, what's fair is fair right. I don't know if that would do you any good though, they have evidently made the decision to give them more time.

It would really suck if your dads agreement with them would somehow make that a binding admission of the debt that you could then be sued for. You never agreed to the settlement, your dad did. Maybe that would be enough for them, but don't just assume that Midland filing for MSJ means that they have it in the bag. It doesn't sound good that they have denied your opposition though. Midland is usually pretty easy to take on from what I have read, it would really stink if your dad unknowingly hurt your prospects of doing so as well.

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I don't know how your dad making an agreement with them would then make you a party to that agreement. That is definatly a unique situation that only an experianced person could advise on.

As for what you were told by the clerk, well I would request proof from the lawyer that called out on your court date of their car trouble, what's fair is fair right. I don't know if that would do you any good though, they have evidently made the decision to give them more time.

It would really suck if your dads agreement with them would somehow make that a binding admission of the debt that you could then be sued for. You never agreed to the settlement, your dad did. Maybe that would be enough for them, but don't just assume that Midland filing for MSJ means that they have it in the bag. It doesn't sound good that they have denied your opposition though. Midland is usually pretty easy to take on from what I have read, it would really stink if your dad unknowingly hurt your prospects of doing so as well.

My dad settled with another JDB, not Mudland. I have the 1099-C, his bank statement and cancelled electronic check showing he payed Cach LLC. The scumbags never did send him a letter though. He said he didn't tell me he settled because I told him not to talk to them. He was a co-x on this account and they threatened him they would foreclose on his house. They threw out a number that they would settle for and he paid it over the phone. He was not listed in the original complaint.

So, 2 years later Mudland comes along and files a false affidavit on the same debt and tries to sue me for the full amount. I haven't used this account, or made a payment since 2006 so it's out of SOL too.

Edited by Zulator

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