Midland v Me, GA - Judgment for ME, now hearing for my counterclaim is scheduled!

[MustangGrrL027]

Midland v Me, GA - Judgment for ME, now hearing for my counterclaim is scheduled!

For those of you who have read my Midland v. Me story, you know that Midland Funding sued me in Georgia twice for the same debt - first in Magistrate court (dismissed without prejudice) then again in state court. State court trial occurred on December 9, 2010. I presented my case pro se, including my request for attorneys fees and costs and expenses of litigation. Since it is a O.C.G.A. 9-15-14 claim for frivolous litigation, it can be brought within 45 days of the end of the case (judgment for me) and despite the Plaintiff's request for it to be dismissed the judge allowed me to submit the request within the 45 days. So, I did.

Here's my start to finish Midland story:

http://www.creditinfocenter.com/forums/showthread.php?t=305275

My request for attorneys fees was for expenses I incurred for the attorney who I retained at the very beginning of the case and for my actual litigation expenses while pro se including mileage to file motions, postage, printing (ink and paper), costs for case prep and research, etc.

EVERYONE WISH ME LUCK!!!!!!!!

[Linda7]

Sending best wishes your way!!

[wantitover]

Way to go! You have inspired a newbie:)

Best of luck!!!

[antiquedave]

yes luck has been sent

[fightemdontfold]

I loved the very detailed account of your story you posted.

You seem to have "made your own luck" relative to the priceless resolution in your case, I believe you had the case with the lawyer from Midland who basically threw up the white flag in open court, rested their case at the outset.

Here is to you hopefully getting the same surrender from them this time, they might not fold so easy when it is you going after them, but I think they will be blown away by your knowledge of your rights.

Are you ready and prepared to collect on that judgement if you get it, that is what really makes me shy away from the idea of suing a JDB (as cool as the idea is to get a piece of their a*) is the fact that the court will provide little to no help to collect, you really have to jump through hoops to collect, from the little I have read on the subject, you almost have to hire a lawyer to collect.

[WhoCares1000]

You could always just sell the judgment to a debt collector. Would be funny to see Asset Acceptance calling Midland to collect on a debt.

[MustangGrrL027]

I am fully prepared to proceed to this hearing, where I intend on presenting a thorough and detailed account of their actions, ON RECORD, and hopefully receiving a well deserved award in my favor.

I received the transcript of my bench trial today in the mail. (I ordered it just for the purpose of the coming up hearing). The very first line of the proceedings, "The plaintiff rests". The remainder of the 2 page transcript is the midland lawyer's weak argument the case should just be dismissed and judgment should not be granted in my favor and why my counterclaim should be dismissed too.

Oh did I mention that the lawyer who represented Hanna during my trial is also listed as a representing attorney on the LOSING end of the appeal case, WIRTH V CACH??? Lets just say he went into this well knowing the established requirements on a "suit on account".

And wow, I'd love to get a judgment and "assign" that debt! Can you imagine sending fred hanna's office a dunning notice to collect on a judgment?

As most of you know from reading my experience or you have experienced it yourself, being sued sucks. A wave of emotions occur including being scared, humiliated, angry, etc.... It's just plain scary. I think back a year ago, on that day I was served with the lawsuit....I remember how I felt that day........and now.............I smile.