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What should I do now re: Midland?


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I'm being sued by Midland through a law firm. I answered the complaint, amended my answer and affirmative defenses, filed a counter claim, served Midland's attorneys with requests for admissions, and request for production of documents. THe clerk's office screwed up and at first rejected my counterclaim but then 10 days after it was originally filed, they accepted it for filing. Midland's attys answered my request for admissions but left off their answer to #6, AND they did not mail it to me properly. I still haven't received it and only know they answered within 30 days of the 2nd time the clerk's office received it. They have not produced one shred of paper that proves they own the debt and they admitted that there is no contract between them and me.

What should I do now? File a motion to compel production of docs or just let the bear sleep.

Any advice would be awesome especially from the great minds like USCTROJANALUM, BV80, Singledadjames and anyone else who'd like to take a stab at it.

You guys are awesome.

Edited by formerpara
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Guest usctrojanalum

Do you have a Court date scheduled any time soon? I'd bring it up to them then. Make sure they have the correct address in their file to mail things to you, ask them why they omitted an answer, or if they have any more evidence then what they have provided so far. I would not go crazy with a motion just yet. Motions are time consuming and no one really likes to do them, sometimes there are usually easier solutions then asking the Court to do something.

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I filed a NOA at the beginning of the case and it was sloppy lawyering on their part. From experience, i can tell that they cut and pasted my address and used part of two addresses (mailing and residence since they are different).

I don't have a court date yet. There was nothing filed with the complaint they served and they haven't produced any docs as of yet. If it sits dormant for 10 months then I think I can file MTD for lack of prosecution right?

I filed a counterclaim so not sure how that will play in all of this. From what I've read on this forum, Midland will dismiss when it costs them $$ to defend a counterclaim.

I think they figured they'd get a default judgement against me and are doing the bare minimum required by law at this point. There were no bogus affidavits yet or any chain of custody evidence as I requested.

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Guest usctrojanalum

Yeah, you are in a good spot. Why go crazy with extra work and stress when you are alright at the moment. Sure, you are probably anxious to get a fast resolution but the wheels of justice churn extremely slow. I've been waiting for a decision on a motion I did that was unopposed by my adversary for 2 months now. It's good to be patient.

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Yep, Midland expected a default judgment for sure. Since you filed a counter-suit you should be in great shape for a dismissal with prejudice. Don't expect for them to produce an authenticated bill of sale from the original creditor to them specifically citing your name and account number, because such a document doesn't exist.

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fomerpara...Have you googled:

Brent vs Midland ?

Brent won this case and Midland had to fork over a few million bucks. I think Brent was awarded about 8K...legal fees and other expenses got the balance.

The point is...Brent WON !

Review this case and see if there are any similarities with yours. Might be able to use this as a precedent. Attorneys use case precedent all of the time !

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