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Midland dismissed with prejudice


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I owe a huge thank you to all who took the time to post their experiences on this forum and especially to those who answered my posts.

In addition, a HUGE thank you to Linda7 who talked me off the ledge many times and offered unlimited support and research. Also to SingleDadJames who jumped back in to help when I was in need.

Midland was suing me on account stated, offered only the affidavit, bill of sale, and a payment history. No proof of payments, no credit card statements or anything else so the lack of evidence had a lot to do with the case getting dismissed. They never filed a MSJ.

I did screw up at the beginning and didn't understand what affirmative defenses were and never filed those but managed to stay in the game and scheduled a motion to strike their affidavit. The motion was denied as the plaintiff argued they hadn't officially entered it as evidence but I believe that the arguments I offered showed I wasn't backing down; if I had not done that I think the trial would have proceeded and the fight would have been harder.

Good Luck to all who still have cases before them; and thank you to those who took time out of their busy schedules to help.

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