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Dear Midland, I WIN! I WIN! I WIN!


Hepcat
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What a morning! Showed up at court at 8:45am.

By 10:15 I had paperwork in hand stating "Dismissed with Prejudice."

We never even made it to the judge.

First, thank you to everyone on this forum. It is a wonderful resource and a place that certainly helps to set your mind at ease. It's always somewhat comforting to know you aren't alone.

And while I am grateful to each person who responded to my thread, "Fighting Pressler & Pressler...Now What?", I am especially thankful for the input, advice, instructions and opinions offered by Patz and Moments1. I owe y'all a drink if the opportunity should ever arise.

It's going to be asked, so here it is:

  • I won by not rolling over.
  • I responded to everything they sent/filed.
  • My answer to the suit challenged the validity of the debt.
  • My responses to their three interrogatories was the same. Basically "I can't respond, because I don't know anything about this and the plaintiff has not given me any information." It was a little more official in it's wording, but that was the thought behind the response.
  • I challenged every motion they filed.
  • I filed motions.
  • I DID MY HOMEWORK.
  • I was HONEST about my case.

When we got into mediation, I would not budge, nor would I offer ANY information until they provided paperwork. I pointed out repeatedly that they had failed to provide any evidence or discovery of any kind.

The attorney did pull out two pieces of paper, neither of which had a signature on them. Neither piece of paper even supported the case. All she had was a copy of the charge off and what was supposedly the last billing statement.

I walked in there dressed professionally, confident and ready to fight. Before mediation the attorney of another plaintiff with a case today said to me "You don't look like the kind of guy I usually see here. I feel bad for her (meaning the attorney from P&P). You look like you're ready for a fight."

The attorney left the room a couple of times to makes calls to her office. She didn't know what to do with me because I wouldn't budge. At one point while the attorney was out of the room I told the mediator I was surprised P&P even bothered to show up. But with five other cases on the docket all for Midland, they had nothing to lose. They were clearly hoping I wouldn't be there.

After the first call the attorney said "My client has offered to grant a dismissal WITHOUT prejudice, so that if they can produce more paperwork later on..."

I raised my hand and explained to her that was unacceptable and the ONLY outcome I would agree to was Dismissal WITH Prejudice. She wanted to ask a couple of other questions, which I refused to answer and made my counter offer:

"You can agree to a motion to dismiss with prejudice in this room behind closed doors, or I can get in front of the judge and get the same result in public so the rest of your defendants can see how I do it. But the bottom line is, I am leaving here today with paperwork in hand that says Dismissed with Prejudice. The choice of how I get it is yours."

She left the room, made a call and came back to sign the paperwork that clearly stated in very big letters "DISMISSED WITH PREJUDICE."

Don't be afraid to fight. That's what they're counting on.

If you fight, you can win. It's the only way!

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I don't have the paperwork in hand yet, but it feels good, doesn't it?

Sure does! As confident as I was about my case, there's always that nagging feeling that something could go wrong.

The second that paper was signed (I made the attorney sign it first lol), I felt like a weight was off my shoulders and wanted to do a little victory dance!

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"You can agree to a motion to dismiss with prejudice in this room behind closed doors, or I can get in front of the judge and get the same result in public so the rest of your defendants can see how I do it. But the bottom line is, I am leaving here today with paperwork in hand that says Dismissed with Prejudice. The choice of how I get it is yours."

She left the room, made a call and came back to sign the paperwork that clearly stated in very big letters "DISMISSED WITH PREJUDICE."

Fantastico! :everybodyclap: Congratulations! I love the bolded part!! xbeer2)

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Sure does! As confident as I was about my case, there's always that nagging feeling that something could go wrong.

The second that paper was signed (I made the attorney sign it first lol), I felt like a weight was off my shoulders and wanted to do a little victory dance!

Hahaha! I bet that attorney wasn't used to being bullied!

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But the bottom line is, I am leaving here today with paperwork in hand that says Dismissed with Prejudice. The choice of how I get it is yours."

GREAT FREAKING JOB!!!!!!!!!

God I love it. It makes me want to get sued by Midland. It really is amazing how cocky you can be when you have done all your homework, are prepared, REFUSE to be intimidated, and then actually show up dressed in your war gear (suit, power tie, and freshly polished dress shoes).

They just don't expect it. I know the feeling walking out of a courtroom after you just destroyed the other side even before trial. If what your feeling is just 1/2 of the way I felt then your on cloud nine for sure!!!!!

:BigDance:

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Hepcat.

I wish I was a fly on the wall to see their meltdown. I just finished laughing out loud and clapping my hands in joy after I read your details. My husband thought I was losing my mind.

Thank you so much for your thanks because it made my day. If everybody would do what the people on this board did for someone else, all these bogus lawsuits would stop.

Betcha, their tails are still behind their legs. HAAAAAAA!!!!!!!!

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After the first call the attorney said "My client has offered to grant a dismissal WITHOUT prejudice, so that if they can produce more paperwork later on..."

I raised my hand and explained to her that was unacceptable and the ONLY outcome I would agree to was Dismissal WITH Prejudice. She wanted to ask a couple of other questions, which I refused to answer and made my counter offer:

"You can agree to a motion to dismiss with prejudice in this room behind closed doors, or I can get in front of the judge and get the same result in public so the rest of your defendants can see how I do it. But the bottom line is, I am leaving here today with paperwork in hand that says Dismissed with Prejudice. The choice of how I get it is yours."

She left the room, made a call and came back to sign the paperwork that clearly stated in very big letters "DISMISSED WITH PREJUDICE."

let me just say BRAVO.!!!! excellent job well done. outstanding. out-freaking-standing. that's what i call laying the smackdown.

congrats

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Thanks everyone! Yesterday I was on cloud 9, today I can't believe I pulled it off. Maybe I should take up poker after all! But the thing is, I KNEW I was in the right and I KNEW where I stood. That is what enabled me to maintain my composure.

When you add to that a background in theater and a long history in Sales, I know how to use my voice to my advantage. I never once raised my voice, but I don't usually need to. My voice carries for miles. The mediator complimented me on that. :lol:

When I was younger, I used to make fun of my Dad because he would practice his presentation speeches for work at home. It drove me nuts. But I learned how important it can be. I had played out this scenario over and over in my head and I KNEW I could do it and I KNEW what I needed to say.

Thank goodness it worked!

Moments1: I had my notes and was ready for trial. At the bottom of the page in huge, bold letters was the reminder: "NO WITNESS, NO CASE!" With that in mind, I never hesitated.

servedtoday: Yes, this was my trial proceeding. There was also a motion hearing on the schedule, which the Plaintiff lost. They had filed a motion for more responsive answers to their interrogatories, which I challenged. Felt good to know I beat them on a motion AND got the win without ever appearing before a judge.

Methuss: You have no idea how hard I am laughing over your comment or why! I've been watching old A-Team episodes on Netflix quite a bit lately. Maybe I channeled my inner-Smith!

usagi555: I hope I didn't channel THAT Hannibal. :lol:

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Wow, way to go Hepcat !!!!

I can take lessons from you. I've made a mental note of your moves. We're all in a constant learning mode here.

Glad I offered something that was helpful because this board has been unbelievably amazing for me and continues to be. Paying it forward is a no-brainer.

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Hahaha! I bet that attorney wasn't used to being bullied!

I would liked to have had a tap on her phone call (as a fly on the wall kind of thing) that might have gone like this ...

HELP! I need to conference a couple of the senior partners NOW! This one's not pushing over. What do I do?
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  • 3 months later...

Hi hepcat, congrats on your win. i have an almost identical case with press n. press. they now call it msw capital, instead of midland. it's also here in jersey. i responded to their intial rogs and they sent me a letter saying that my responses were unresponsive. and they wouldnt answer my rogs or admissions. what should i do next? thanx

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