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Midland Funding asking for continuance.


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back around Memorial day I got a certified letter saying I was being sued by Midland Funding/Pressler & Pressler for an old credit card debt. I called a lawyer for advice and he recommended bankruptcy and I decided that there were better options.

I wasn't exactly sure what they were but my search led me here, and similar other sites, and I decided one option was to fight them, by myself, if I had to.

So I filed an answer, then got a list of interrogatories and requests for admissions, which I've answered and tomorrow will file in court, along with my request for them to produce documents, admissiona and my own interrogatories for them.

I was conmpletely burnt out by Friday evening, trying to learn this legal language. But when i got home there was a letter in the mail saying that Pressler is requesting a continuance until October so that they can gather their documents. (I had previously gotten a letter from them noting my initial answer and offering to talk 'settlement' with me, which I ignored.)

Now, from all I've read, they won't have the legal documentation to prove anything. But I still have ot go for my original court date at the end of August. Can I make a motion to not allow this continuance, stating that they brought suit against me and they should be able to produce the proof of their suit or make it go away?

I'm a registered nurse, not a lawyer and this legal language is much harder for me than the medical language i had to learn (and I'm afraid it could be quite costly if I mess up). I'd appreciate any help you could offer.

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This is because the court system tries to be 'fair' to both sides and usually continuances are granted the first time they are requested unless you're dealing with a very hard deadline and then it depends upon the judge. Good example is how in California the Bill of Particulars statute says that the plaintif has ten days to deliver it to Defendant. For some reasons judges seem to think ten days means ten months in some cases! So be patient and hold your horses. Meanwhile get your discovery demands into them and get some motions together to anticipate their moves. Good luck!

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Guest usctrojanalum

If this is the first time they are asking for a continuance, they are going to get it granted. An effort to oppose it would be futile. Typically each side is entitled to one adjournment for little to no reason at all. You could do the same in October, just keep pushing it off and giving yourself more time to learn.

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If this is the first time they are asking for a continuance, they are going to get it granted. An effort to oppose it would be futile. Typically each side is entitled to one adjournment for little to no reason at all. You could do the same in October, just keep pushing it off and giving yourself more time to learn.

you will find good info here. "Welcome to the suck".:)

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With the summons, was there an affidavit, bill of sale or any other proof they offered?

If there was or if they produce any, you need to file a motion to strike whatever they have.

Use this time to check for case law for your state that would support your motions.

I'll see if I can find any and will post back if I can dig anything up.

You might also entertain the idea of filing a motion to compel arbitration. The Chase agreements do have JAMS which is what you would want as it costs the creditor more to pursue the claim. But, depending on when you opened the account and when the default was - there is a 25,000 small claims issue on most of the agreements. I'd know more as to what to advise if I knew when the alleged account was opened.

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Also, in the rules of evidence NJ Law Network ~ NJ Rules of Evidence - Contents read through and you'll find some more things you can use.

For instance, article VIII, article IX, article X

Pay attention to hearsay, authentication, information about originals, duplicates, etc.

Use any of this to object to whatever they try to use as evidence.

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I just wanted to add a little hope, I came here about 3wks ago being sued by Midland & I thought I had no shot in hell of winnning. SeaDragon & Calawyer helped me pull apart the affidavit & BOS & I won today WITH prejudice.

Find some posters on here who are from your state & they will help walk you through & tear apart there evidence.

AS Linda7 says below Pay attention to hearsay, authentication, information about originals, duplicates, etc.

Today my judge was talking about the affidavit being hearsay & it was striken b/c they violated CCP 98 law.

I hope this helps & don't give up! You have 6wks, I only had 3wks & I was told to cave & settle right before trial by my Attorney 'friend' of 15yrs.

This is winnable!

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I woke up this afternoon (I work nights as an RN) and in the mailbox are two envelopes from Pressler & Pressler. The first is saying that my responses to their requests for admissions are non-responsive (they were all basically the same answer - that I didn't have any information allowing me to admit or deny). The second envelope includes copies of statements from a couple of years ago that show my name and address. At the bottom of each page it says "This is a facsimile, not an original...'

I work tonight and then I'll have to sleep in the AM but it looks like I've got my work cut out for me and I'll need to do al ot of research. Tomorrow I'm going to the NJ Law Library to do some research there too.

Thank you all for your advice and encouragement. If I can find anything useful I'll do my part and share with the community.

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I woke up this afternoon (I work nights as an RN) and in the mailbox are two envelopes from Pressler & Pressler. The first is saying that my responses to their requests for admissions are non-responsive (they were all basically the same answer - that I didn't have any information allowing me to admit or deny). The second envelope includes copies of statements from a couple of years ago that show my name and address. At the bottom of each page it says "This is a facsimile, not an original...'

I work tonight and then I'll have to sleep in the AM but it looks like I've got my work cut out for me and I'll need to do al ot of research. Tomorrow I'm going to the NJ Law Library to do some research there too.

Thank you all for your advice and encouragement. If I can find anything useful I'll do my part and share with the community.

Midland had itemized statements on me as well. The kind you would get w/ your monthly credit card bill. I still won! Don't let them scare you. I know how scary it is.

Now did this include a bill of sale to Midland? Did you get an Affidavit? They came right out of the gate w/ all the evidence on me in the beginning & just kept resending it to me. Then saw I was going to show up at trial & started their objections on me. It was scary & crazy! Somehow I made it through a yr & 4mths worth of HELL! I still have a few more things to file. Wish we could get damages for all the hell we go through.

Linda7~ gave you some grt areas to look into. Midland is sloppy & you will polk holes real soon.:wink:

Hang in there!!

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Somehow I made it through a yr & 4mths worth of HELL! I still have a few more things to file. Wish we could get damages for all the hell we go through.

The thing is that you can especially if there was no evidence to prove you owed or they were not entitled to relief. You can sue them within 2 years for the frivolous lawsuit and if they're on are was on your credit report you also sue based on FCRA for reporting false info. to CRAs. Which is exactly what I'm doing. Be Blessed! S.A.

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You may also sue for damages as a result of defamation of libel against you in the printing of of false information as in an initial pleading in a court of law or information provided to the CRAs that is false and your emotional embarrasment and mential anguish in attempting to correct false info.

Be Blessed! S.A.

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  • 5 weeks later...

...but I'm going to press on.

They are asking for another continuance because the answers (to their interrogatories) I gave them didn't really answer anything.

They just sent me answers too, to my requests roe admissions, and I think I may have not worded my interrogatories as well as I should have. I don't want to be too specific here because I'm paranoid that they may have lurkers here who are reading this..

Yes, I know. Like I said, "Paranoid."

I asked them to admit that they have no documentation that Midland owns this debt and they deny that. They do admit that there is no written agreement between Midland and me, but they say that they do have a copy of an assignment between them and Chase.

Along with this there was another offer to call them and negotiate a settlement.

The only documentation they've given me so far is few billing statements that show no activity, really. I think I already mentioned them. I'm having a hard time with the legal language here and this is pretty rigorous. I've considered giving in but I want to fight if I can. I'm just weary.

If they're asking for another continuance for discovery, is it an indication that they really don't have anything? And if they don't get it, well, is it in my best interest to ask the judge for a continuance myself? The court date is in 2 weeks.

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I think you may be able to amend the answer and counter claim. This will put them on the defensive. It sounds like they are trying to get you on admissions this is messed up. You have answered honestly so go after them.

They are trying to force you to settle, this because their case is week. They are also stalling so I think you can turn up the heat by moving for summary judgment.

getting the counter claims is key that makes it impossible for them to abuse you any more.

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  • 2 weeks later...

I don't understand how I could "amend the answer and counter claim." Could you elaborate on that? I don't know how to go after them.

I also suspect (and hope) that they are trying to get me to settle because their case is weak. I have to go to court next Monday. They sent a letter that they were going to ask for another continuance but it doesn't look like they've been granted one.

I've been frustrated and distracted because my dad's in the hospital and my mother has dementia. I haven't studied this as well as I'd have liked to because of these present concerns. It is a good idea to ask for a continuance myself, or would that benefiit them too? I'd really like to get this over with.

Can anyone give me an idea of what I'll face in court that day? Will I be forced to answer questions? For example, can they compel me to answer that I had an account with the bank, with a certain account number, etc?

Well, I worked all night and am falling asleep. I'd truly appreciate any advice that any of you could offer.

Thank you.

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I was in court recently and Midland got another continuance so my case is a few weeks away. I'm glad because I don't feel I was prepared enough and now I have more time to prepare. Maybe I was just nervous - I certainly was when I heard the judge say my name. I hoped to watch court a bit and hopefully see a few people argue their cases against Midland but that's surely not how it worked. Midland might have had only a single case that day but there were other cases too, obviously, and I watched them get disposed of. i don't know that I learned anything, really except that maybe i won't be quite as spooked when I go next time.

So I have a couple of questions that someone might be able to answer.

1. If the judge asks me a question, like, "Are you the owner of this account?" or "Did you open an account with this bank?" how is he going to take it when I say that "To the best of my recollection, I don't have any account with this account #....or something like that. It seemed like the judge was predisposed that in most cases there was a loan amount that was defaulted on and at the very least he wanted mediation done.

If Midland's Attorney asked me "Did you apply for credit with XXXXXXX?", I imagine the judge wouldn't view a non-answer too favorably. I understand that they have to prove that I owe the debt (I'm right about that, aren't I?) but why does the judge grant them a continuance for added time for discovery? It's almost like the court figures it's MY responsibility to provide documents. I also asked them to provide me with documents and sent them interrogatories and they haven't responded to them, except for old statements - that DO have my name and address on them.

Since they haven't responded to my interrogatories, can I make a motion for dismissal? And could I have objected to their motion for continuance?

I don't like being a novice but I've been spending time and the law library trying to read the rules of court and civil procedure. It's tough stuff. I would really love to win this but I considered just calling them to settle because of the stress. It can really tire you out.

But I don't want to quit. If anyone can offer any help, even words of advice or encouragement, I'd really appreciate it. If you think I should quit, I'll consider that advice too. But if these JDBs are such bad people, then they should be fought. I just wonder if I'm the one who should be fighting them.

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I was in court recently and Midland got another continuance so my case is a few weeks away. I'm glad because I don't feel I was prepared enough and now I have more time to prepare. Maybe I was just nervous - I certainly was when I heard the judge say my name. I hoped to watch court a bit and hopefully see a few people argue their cases against Midland but that's surely not how it worked. Midland might have had only a single case that day but there were other cases too, obviously, and I watched them get disposed of. i don't know that I learned anything, really except that maybe i won't be quite as spooked when I go next time.

So I have a couple of questions that someone might be able to answer.

1. If the judge asks me a question, like, "Are you the owner of this account?" or "Did you open an account with this bank?" how is he going to take it when I say that "To the best of my recollection, I don't have any account with this account #....or something like that. It seemed like the judge was predisposed that in most cases there was a loan amount that was defaulted on and at the very least he wanted mediation done.

If Midland's Attorney asked me "Did you apply for credit with XXXXXXX?", I imagine the judge wouldn't view a non-answer too favorably. I understand that they have to prove that I owe the debt (I'm right about that, aren't I?) but why does the judge grant them a continuance for added time for discovery? It's almost like the court figures it's MY responsibility to provide documents. I also asked them to provide me with documents and sent them interrogatories and they haven't responded to them, except for old statements - that DO have my name and address on them.

Since they haven't responded to my interrogatories, can I make a motion for dismissal? And could I have objected to their motion for continuance?

I don't like being a novice but I've been spending time and the law library trying to read the rules of court and civil procedure. It's tough stuff. I would really love to win this but I considered just calling them to settle because of the stress. It can really tire you out.

But I don't want to quit. If anyone can offer any help, even words of advice or encouragement, I'd really appreciate it. If you think I should quit, I'll consider that advice too. But if these JDBs are such bad people, then they should be fought. I just wonder if I'm the one who should be fighting them.

Here's what I would do if I were the one being sued:

If the judge asks me a question, like, "Are you the owner of this account?"

"No, sir." (Midland has claimed to be the owner.)

or "Did you open an account with this bank?"

Do you remember opening the account? If not, "I don't remember opening an account with that bank."

If Midland's Attorney asked me "Did you apply for credit with XXXXXXX?",

Do you remember actually applying for the credit? If not, "I don't remember applying for credit with XXXXXX."

If the judge or attorney asks, "Did you ever use the credit card?", do the cc statements show any charges or payments made by you? If not, you could possibly state, "I don't remember using the card. The statements don't show any charges or payments, so I have nothing to go by."

If you don't feel comfortable with that, you could admit you had a Chase account at one time, but you don't know if the account for which the Plaintiff is suing is that same account. The cc statements show no charges or payments. As a result, you can't tell if any purchases were made by you, because the statements don't show any purchases. You can't tell if payments were by you, because the statements don't show any payments.

You stated that they claim to have a copy of an assignment between Chase and Midland. Did you send a Request for Production of Documents? If so, did you request a copy of the Bill of Sale?

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No, I don't believe that they stated that they have an assignment between Midland and Chase. In my interrogatories I asked them to produce the agreement between Chase and Midland and they have not produced that. I also asked them how they intend to prove this alleged debt, absent my admission of it. Again, except for those statements that show no activity other than late fees, they have answered nothing and produced nothing.

If they had credit card slips with my signature on them where I bought a TV or a bag of groceries, and they produced that in court, I suppose the judge could say, "Look, this is your card; you signed it..." But if they have something like that, they should have produced it already, right?

See, I'm nervous because it's SUPERIOR court! (Makes it soune even more ominous). The last time I went to court - several times, actually - was in municipal court trying to fight a trafic ticket. I was RIGHT! I'll go to my grave knowing I was right and the cop was dead wrong - and I was innocent. The judge sided with the cop though and I really had the impression that the legal system was an "old-boy's network" and how dare I go in and represent myself without a lawyer. I stepped on their turf and got slapped. I don't want to get slapped again. This is for over $10K and I think they have a more serious interest than if it were only $1,500.

I think I already made a mistake on some of the wording on my request for admissions and could have phrased them better. I have a fear that the plaintiff's lawyer is looking at this with the same condescending attitude ("this defendant doesn't know the legal system like I do and I'm going to have a field day.")

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