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Midland dismisses lawsuit 2 days before motion hearing to deem matters admitted


kestrel50
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Midland's attorneys dropped their case just two days before a scheduled hearing to deem matters admitted (I am the movant).

They dismissed without prejudice.

I want to file a motion for terminating sanctions so that I can get a dismissal with prejudice.

The scumbag lawyers ignored my discovery, ignored meet and confer, forced me to file two motions (admit truth of matters and motion to compel production), and now they are trying to evade sanctions and discovery by dismissing without prejudice. It isn't fair, and I'm sure there is case law preventing this kind of abuse of court procedure and discovery.

Anyone have experience following through with a motion to dismiss with prejudice or terminating sanctions?

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Shoot a message to CAlawyer and ask him to give his opinion.

I am dealing with Portfolio Recovery and Asset Acceptance right now, they are trying to collect on fraudulent debts from identity theft. No lawsuit though. I beat Chase Bank and their attorney never provided me any documents during discovery and before the mediation hearing, they dismissed with prejudice. The attorney never notified Chase that the case was dismissed nor filed the dismissal with the court. Eventually after I threatened to go back to the court for sanctions, they finally submitted the dismissal to the court, but still never notified Chase. It took an email to the CEO of Chase to provide them with the dismissal and they deleted it off of my credit report.

My wife is dealing with a lawsuit with GE Money Bank through a collections attorney Meyer & Njus, the attorney did not submit an affidavit or account agreement with the complaint. We sent them discovery requests, have not heard from them. I emailed the attorney the discovery as well. Now, I am filing a motion to strike all business records that might be submitted since they submitted an account statement with nothing else, then tried to pin it back on my wife that she had the agreement.

Then, they lied to my spouse right in front of me saying they do not need a witness or anything from the OC stating that the records are authentic. Let me know what you find out. I want to file for sanctions against a couple attorneys as well.

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No experience in your state, but based on what you just posted, where I'm located, you would get your wish. In fact, you would probably get the other side to agree just so they did not have to face the judge.

I would also file suit against the law firm for an FDCPA violation. I would allege they tried to use unfair means to collect by putting you through the litigation process and then acting in bad faith. In other words sue them for not trying hard enough when they sued you.

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I like the countersuit option. I mean, not one bit of material evidence was brought forth, and they dismiss just prior to getting their buns toasted in a hearing to deem matters admitted.

I believe whatever I do, I need to do it soon. I'm thinking of writing up a motion for terminating sanctions, but don't know if it needs to be filed ex-parte or if I need to schedule a hearing.

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you could file an ethics complaint with the State Bar Association. They have an ethics committee that investigates complaints. The only issue is that they may be hard pressed to file a grievance against one of their own from a non-attorney.

you could also file a complaint with your states attorney general and maybe you will get an investigation into your complaint and provide them with all of the documentation from the case.

You can also petition the court for sanctions against that attorney. It would be a different story if they dismissed with prejudice on a legit debt.

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I want to file a motion for terminating sanctions so that I can get a dismissal with prejudice.

Congrats. What an excellent result.

I think that if you tried to file the motion, the Court would not accept it because the case has been dismissed (terminated).

You are, however, the prevailing party under California law and you are entitled to an award of your costs of suit. Allowable costs include the filing fee for your answer which can be several hundred dollars. And how good is that? They sue you, and you wind up with a judgment in your favor for costs. Should look a bit better on your credit report too.

This is the form to use. Check the rules for the deadline to file as it is a very short one.

Good luck:

http://www.courts.ca.gov/documents/mc010.pdf

Edited by calawyer
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Congrats. What an excellent result.

I think that if you tried to file the motion, the Court would not accept it because the case has been dismissed (terminated).

You are, however, the prevailing party under California law and you are entitled to an award of your costs of suit. Allowable costs include the filing fee for your answer which can be several hundred dollars. And how good is that? They sue you, and you wind up with a judgment in your favor for costs. Should look a bit better on your credit report too.

This is the form to use. Check the rules for the deadline to file as it is a very short one.

Good luck:

http://www.courts.ca.gov/documents/mc010.pdf

Can you see twisting an FDCPA violation out of it? I would argue they used unfair means by filing the case with no intent to follow through and used the courts to harass and intimidate and not as a true method to settle the dispute.

A stretch maybe, but I would give it a go for sure. I'v heard crazier opinions on what is a violation. I think the LSC would come into play. I think it goes along the same lines as suing if a CA tells you they will sue you in 30 days and they don't, then sue them for not suing you. I love the idea of suing a CA for not suing me. Thoughts?

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The Memo for costs seems to be the most you can do.

Malicious prosecution has to be proved on the standard of deliberate and intentional harm.

I hate it when they do that. Make sure you get all the copies for everything you filed for the motion hearing in the costs memo

You might be happy to know that that anger your feeling right now should be a big high five time. You beat a college educated, state bar license having, fancy office working, got yelled at by a senior partner who told him to file the dismissal without because they fear your gonna go after them for FDCPA violations, legal looooooser.

You should be happy, I know this anger I cussed and hated for days on my first case.

get your cost memo in and file a 623 dispute letter at the same time.

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  • 2 months later...

I went from having a default judgment against me by Midland Funding to getting it reversed. They were FUMING MAD, they withdrew the cute little female attorney who was flirting with the judge and put in slick shyster number 1 who eventually screwed himself by filing for sanctions against me for failing to answer discovery. Thing is - I had answered, and being the novice I was I filed the answers with the court the same time I sent them to the attorneys which i now knows is not supposed to be done until later on. So, it being obvious to me and to the court (although the court didn't seem to care) that I had answered and I accused him of lying among other things and so they took out slick shyster number 1 and put in slick shyster number 2. All 3 attorneys same law firm but no entry of appearance or change - just whenevr they get in over their head they send in a new clown. The 3rd clown was an A-hole with a CAPITAL A. To cut to the chase they absollutely insisted on going to trial and remained adamant until 2 days after I sent them my discovery documents and BINGO - case dismissed without prejudice, same chicken**** move. The reason they were so "moved" suddenly to close the case was because I found out a secret about the person who signed the affidavit against me which blew them out of the water. Just two days bbefore that the sllick shyster numbe 3 INSISTED that I supply a MS compatible disk with my documents and when I said I only had a MAC computer he said basically TOUGH, I want it on MS - do it. Which I did not - though he wanted me to think I had to it was also possible to just leave huge spaces for them to fill in and so I challenged him again by not caving to his ridiculous demands. Thats how much of a jerk they were being UNTIL they got my discovery documents.

I LOVED IT, those slimy creeps never had one thing to show - why aren't these people taken to account because what they are doing is using the courts to try to wring money out of something they have no proof they have a right to but they hope the defendant will be so intimidated or not show up that they will prevail where they wouldn't have.

Elizabeth Warren would love this stuff - its exactly the kind of abuse she talks about and exactly why they wouldn't allow her appointment because she had their numbers.

But ultimately I was glad to be free of it. Now I'm talking with someone about a class action in which i would be a named plaintiff - these are out of state attorneys who are going to get some sort of exception (I'm not familiar with how I just know they are) to come to Missouri and do this thing. i want to file FDCPA against them but because of the Midland v. Brent ruling in Ohio, I have my time to file against them extended while these other things are ironed out. This out of state firm also wants to go after the lawfirm representing Midland. I can't wait. I want them SO BAD. I think we will get them too. These guys are good. They have Midland's number down pat.

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