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Midland Dismissed !!!


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I just want to give a huge thanks to everyone here the helped me or posted their experiences. I just got a letter from Midland's Attorney's and they've filed to Dismiss with Prejudice.

Basically I went to my pre-trial conference and talked to the attorney. He first tried to get me to agree to arbitration. I told him I wasn't interested. I told him that to this point they have not provided any evidence whatsoever that I owe this debt. He then tried to intimidate me and said that they can go back and subpoena the OC but that his "Settlement Authority " goes down as time goes on and that if I kinda remember this debt then it is likely they can get evidence and I should just settle. I called his bluff and said I would like to see the evidence. In the end we agreed to another pre-trial in 90 days. However today I got my dismissal letter and couldn't be happier.

Thanks again to everyone!!!!

/happydance on

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  • 2 weeks later...

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,

© 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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Congrats on calling them out on beating them at their own game.

Think about it, does a DC want to call a witness from out of state and then go to trial? If they are paid a commission, then he more expense that is incurred, the less they make.

A company like Midland would rather file as many suits as possible to get default judgments.

Look at your county's circuit court website and see all of the cases that were filed without a response. The next line item says default judgment. If you make a stand and do not back down, the other party will back off unless they have a strong case.

Edited by bmc100
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  • 4 weeks later...
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