Jenniferinneed

Midland funding motion for summary Judgement HELP PLEASE

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you really need to try and understand what you are submitting, if you just cut and paste you leave yourself open for them to run over you. you are not going to be as prepared as a lawyer who does this full time but you need to know enough to protect yourself and to object when they go over the line

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Points well taken all. Also want to ask, there is no time frame noted on MSJ from Midland funding, like 20 days to rule, 30 or whatever. Do MSJ ususally have times attached, or time allowed to respond or refute, or will the judge just grant the MSJ right away without me having time to respond in some matter, however I am able with the help of you all and I do thank each of you for all help!

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you really need to file an opposition to their motion and possibly a counter affidavit imho

that is what I would do.

so file a motion of opposition using my case law research with citations of specific case law pertaining to my defense and a counter affidavit, what is that please????

Also need to know the correct format. I copy all of their formats when responding so far, but have never seen a format listed anywhere in this forum for a summary judgment there are no templates here :( I am sorry to be such a pain in the you know what.

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No templates to reply to a summary judgment motion. Each is unique to the facts and circumstances of the indivdual case so it is not practical to have a template. What I have done in the past is just go paragraph by paragraph with what is being alleged in the MSJ and refute what they are saying. Give examples of why there is an issue of fact. provide documentary evidence as exhibits if you have anything supporting your position.

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I filed motions in opposition of the MSJ, as well as to strike the false affidavit. I took a long time in preparing the motions and used help form all sources available including the responses submitted here.

I heard nothing from the court or Judge ( don't know if I would or not? ) However, in the mail recently I got copies of Midlands letter to the Judge asking for telephonic hearing dated 2 months from now ( August) so that they don't have to appear and that their case should take 15 minutes.

As well they have pre-forms for the judge to fill out granting MSJ per the August hearing, with a blank spot for Judge to sign, backdated for JUNE, since no signature attached I assume the MSJ is not ruled on yet....I would THINK since I have heard nothing....could this BE that the judge has already granted MSJ to Midland? Is it legal to send a Judge a form such as this? Its AS IF they are buttering up the Judge, making his job easy and hoping he'll just SIGN the motion for summary Judgment.

I added in my motions case law concerning the false affidavit they have been sending out, knowing it is false and added case law from the Judge in the recent class action and statements from the Attorney General on these false affidavits they are sending, as well as statements and case law where Midland and Defendant have never done business, had no contract and any losses they have incurred are the result of their own actions. I added a lot of case law and citations found where MSJ is improper when genuine issues of fact can be raised, which were, I raised many in rebuttal....should I have heard something from court on my own motions, or will this just go to hearing a long and Midland appearing telephonically and with their pre-fille din MSJ for the judge and he sign and grant them what they want?

I am so confused and frankly I am doing this for a family member and am disabled and will need to appear telephonically as well, can I do this and request same?

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If there is a hearing date, then the judge has not granted their MSJ. In fact, he/she probably hasn't even looked at it. But you're right, Midland is trying to make it easy for the judge. If you didn't respond, the judge would just sign the paperwork and push it through.

The lawyer in my case also appeared telephonically. I kept him on the phone for 40 minutes during the hearing. Although all of our motions were denied, we're going to have another hearing on their MSJ.

My recommendation would be to type out exactly what you want to say in response to them during the hearing and read it. It helps to have it right in front of you. I see no reason why you couldn't appear telephonically as well.

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As the previous poster stated, it doesn't appear summary judgment has been granted yet. It's not unusual to write up an order for summary judgment to have it ready for the judge to sign in case he grants it.

I'm not sure you can speak for someone else. Your family member will probably have to speak for themselves. You need to see what your court rules say about that. Your relative needs to study the case and do some research to be able to understand and argue his case.

If you and your relative could sit in on some JDB cases in court, that might help you get a feel for what to expect.

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I wanted to update this thread as to what has occurred recently in this case.

After they sent a motion for summary Judgment, I responded with case law as well as a counter claim motion to dismiss, strike affidavit ( its false, hearsay ect) noted that the plaintiff has yet to respond to any discovery requests I have made ect.

There was a hearing set this month on both our motions and the plaintiff was to appear telephonically.

The DAY before the hearing, I get some papers in the mail from the planitiff, these were chain of title and bill of sale documents and they were also presented to the court for hearing that was scheduled the NEXT DAY ( IF that was their attempt at a discovery request at THAT late date, and not knowing what the court holds them to in responding so late, none the less....

I was not sure WHAT these documents were, not ONE was in the parties name being sued.

They were pre legal review notices from Midland credit management, the same ONE and only piece of evidence they originally sent to me, simply stating that a SUM of money was allegedly owed to BOA and that is what Midland Funding were using as discovery stating that the pre-legal review notice ( which was never received by me) since it was not responded to, somehow this formed a contract, in that it was not disputed ( you can't dispute something you never received, the only thing received was the notice of a lawsuit!

But the documents that arrived the day before the HEARING, were ALL in someone elses name and address, a totally different BANK ( this was their claim of being able to sue and they had rights to this banks defaulted loans i assume and anyway, all of it was in someone elses name, NOT the party being sued and not even the same bank.

So at the hearing we showed up as scheduled and went into room with Judge and they have midland funding Attorney on phone and they are confused and stated the nearing had been canceled.

No notice of a cancellation of hearing and bare in mind these documents received the day before hearing and also they filed with the court were in someone elses name and a totally different bank....

Anyway the Judge stated casually that we had also filed a counter motion to dismiss and such, but said nothing more to the Attorney on phone, when he got off phone with them, the judge says you should have been notified the hearing was cancelled. I piped in with the months of this going on and is this dismissed now, he said no, to keep ear open for any other notices and such and if you hear anything respond immediately.

I wonder why since WE showed up and weren't notified of the cancelation why we weren't heard on our counter motion to dismiss and such?

UGH...can't believ all this time and work for them to cancel last minute, with no notice, plus send documents ( private documents of someone else, assume its someone else they are suing, file them with the court and cancel last minute, again no notice! )

What about privacy of this other person???? They have leaked because they are trying to screw so many at once, one hand knows not what the other is doing!:roll:

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You have to get your motion put on the calendar for a hearing. That's probably why your motion to dismiss was not heard.

Re-file the motion and get it put on the calendar for a hearing.

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Good job in standing your ground. I do not think you need to re-file the MTD and set it for hearing as the previous poster alluded. The Judge is aware of the MTD as part of the record. If you look at your RCP's a MTD is normally treated as a MSJ, thus with the hearing being cancelled and postponed your MTD was also postponed for them to be heard at the same time. The Judge was not going to rule on your MTD ex parte. Since your are dealing with fundamental fairness and judicial economy the Judge will try to keep you both on the same page. Great job. I would say things shifted in your favor somewhat.

Edited by debtfighter
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Don't give up & fight this! I won today in CA the Judge threw out the affidavit! I won w/ prejudice & its all b/c I came here 3wks ago & actually thought I had no chance of winning! You can do this!! Hang in there & come here often & learn as much as you can.

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Thank you for the guidance and response, they are most appreciated. I guess there is no other option then to wait to see what they will do next. I am wondering if the Judge even looked at the case documents at any time, he did seem aware of the counter claim motion to dismiss, and such, but wonder if he really looked at the responses filed on each that have been presented?

It just seems like if he had and after having been given no notice of cancellation of the hearing as well as WE showing up today, this may have prompted him to look a little bit further an rule one way or the other.

Seriously, do any think that if We had canceled with the COURT ( as they did the day prior) but did not give the Plaintiff notice, that the judge would not have ruled right then on their summary judgment. I feel if the events were reversed the judge would have ruled right then in favor of the plaintiff.

It is most aggravating that this ENTITY called Midland Funding, their sister company Midland credit management are continuing to get away with all they have. They are snakes, willing to crawl through any rock to get to their destination. ( poor example) LOL. Mentally and physically drained from this bull.

I will keep all updated and thank you each for all advice, help and rooting for me!

I am rooting for each of you too.

I thought today would be the DAY to see what happened, but that was not to be. I feel forced without choice in giving them more chances and feel they have had enough already :(

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