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Could this be an argument? Midland Vs Me tomorrow


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I was carefully reading every word filed by Mildland's atty's on why the MSJ should be granted against me. They claim prima facie case :" The platiff has filed an Affidavit of correctness certifying the balance and terms sued upon as well as verifying the attached credit terms and itemized statement of account. The defendant failed to raise any genuine issue of material fact blah,blah,blah..."

I NEVER REC'D ANY OF THIS. NO AFFIDAVIT, ITEMIZED STATEMENT ETC. Yet they are saying they filed it? Would I have been required to receive that information if its being used as an "exhibit" to prove their prima facie?

NOW, I DID screw this case up and didn't complete their Discovery or attend the 10.1 conference that they offered to set up at my request. I filed defense but did not ask for discovery of my own. I was very new to all of this and didn't feel like I should be giving out my financial information, spouse's names, disclosure of all my assets, etc to a company I did not know nor have any business with. I know better NOW, however I need to win This case, or at least get a continuance, tomorrow.

How would I bring up that I have not seen any of the evidence they have claimed to file? Could this at least net me a continuance in your opinions? Is it a worthy defense?

*As a side thought, I am the true meaning of a pro se litigant and considered myself an educated person before I began all this however, I cannot find anywhere on how to pronounce "prima facie" correctly and don't want to sound completely stupid so if anyone can offer a spelling off it so that I can correctly pronounce it tomorrow, I will be grateful!!*

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I was carefully reading every word filed by Mildland's atty's on why the MSJ should be granted against me. They claim prima facie case :" The platiff has filed an Affidavit of correctness certifying the balance and terms sued upon as well as verifying the attached credit terms and itemized statement of account. The defendant failed to raise any genuine issue of material fact blah,blah,blah..."

I NEVER REC'D ANY OF THIS. NO AFFIDAVIT, ITEMIZED STATEMENT ETC. Yet they are saying they filed it? Would I have been required to receive that information if its being used as an "exhibit" to prove their prima facie?

NOW, I DID screw this case up and didn't complete their Discovery or attend the 10.1 conference that they offered to set up at my request. I filed defense but did not ask for discovery of my own. I was very new to all of this and didn't feel like I should be giving out my financial information, spouse's names, disclosure of all my assets, etc to a company I did not know nor have any business with. I know better NOW, however I need to win This case, or at least get a continuance, tomorrow.

How would I bring up that I have not seen any of the evidence they have claimed to file? Could this at least net me a continuance in your opinions? Is it a worthy defense?

*As a side thought, I am the true meaning of a pro se litigant and considered myself an educated person before I began all this however, I cannot find anywhere on how to pronounce "prima facie" correctly and don't want to sound completely stupid so if anyone can offer a spelling off it so that I can correctly pronounce it tomorrow, I will be grateful!!*

You need to read your court rules. Since you didn't follow procedure, I honestly don't know what to suggest at this point other than to tell you to get to the courthouse early to see if those documents are in your case file. If they're not, point out that they claimed in their motion that they filed certain documents, but didn't really do so. Perhaps the judge will be lenient and allow a continuance. If they are in the case file, I'd point out that you never received the itemized statement.

To be honest, since you didn't complete discovery or attend the meeting (especially since you requested it), the judge doesn't have to show any leniency.

Prime facie is pronounced "PRY-muh-FAY-shuh" or "PRY-muh-FAY-shee-uh". You can pronounce it either way. The emphasis is on the 1st and 3rd syllables...more on the 3rd.

Edited by BV80
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You need to read your court rules. Since you didn't follow procedure, I honestly don't know what to suggest at this point other than to tell you to get to the courthouse early to see if those documents are in your case file. If they're not, point out that they claimed in their motion that they filed certain documents, but didn't really do so. Perhaps the judge will be lenient and allow a continuance. If they are in the case file, I'd point out that you never received the itemized statement.

To be honest, since you didn't complete discovery or attend the meeting (especially since you requested it), the judge doesn't have to show any leniency.

Prime facie is pronounced "PRY-muh-FAY-shuh" or "PRY-muh-FAY-shee-uh". You can pronounce it either way. The emphasis is on the 1st and 3rd syllables...more on the 3rd.

Oh, I misspoke in my Original post. I didn't request a 10.1 conference, they merely stated that I HAD the option to request one. I am hoping for a Continuance at this point...I certainly could lose on my mistakes for this one but I have to try to fight because I don't owe Midland anything in my opinion. Thanks for the suggestion. I will def show up early and see if the documents are filed with the Court, if not, hopefully the Judge will have a little bit of mercy...we shall see. I'm very nervous!

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Oh, I misspoke in my Original post. I didn't request a 10.1 conference, they merely stated that I HAD the option to request one. I am hoping for a Continuance at this point...I certainly could lose on my mistakes for this one but I have to try to fight because I don't owe Midland anything in my opinion. Thanks for the suggestion. I will def show up early and see if the documents are filed with the Court, if not, hopefully the Judge will have a little bit of mercy...we shall see. I'm very nervous!

I don't believe you owe them anything either. I seriously doubt they have proof they own the debt and have the right to sue. Good luck!

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How would I bring up that I have not seen any of the evidence they have claimed to file?

Your Honor I have not seen the evidence they reference in their motion. Furthermore, I was never served properly with this motion we are hear for today.

The question you better be prepared to answer is; fine, so can you explain exactly why this is the first time you're bringing this to the courts attention or the other sides attention.

It's not like you only got 24 hours notice prior to this hearing. Explain why you did not contact the other side and make arrangements to get the evidence and documents. Also after learning you did not have key evidence the other side was claiming to have served on you, why in the world are you waiting until the hearing date to ask for a continuance.

P.S. your answer does not need to be because that was the first time I really looked and read in detail what the other side had alleged.

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sorry if this is a repeat post. The first one appeared to disappear.

Thanks.

I'm learning. Like, until now, I didn't know I could ask for continuance before the hearing. My honest response is your PS AND I've only got my defense "Your honor I don't know these people!" okay, well at least my day of lost wages will benefit me in that I will know what a courtroom feels like for the next time. Can I get a copy of these alleged documents from the clerk of court so maybe I can attack their authenticity?

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Oh, and thanks for pointing some of this out- I would have been deer-in-headlights if the Judge brought up the question of why I waited so long to tell them I didn't get the information they allegedly filed. That would have tripped me up big time since I do not have a satisfactory answer. I do appreciate all the advice.

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My honest response is your PS AND I've only got my defense "Your honor I don't know these people!"

The argument you want to make is Midland has not proved "Standing" to sue you. This is your " I dont know these people", in legal terms.

In order to have standing, they need authenticated evidence that they own the debt. That would include an unaltered contract with the original creditor. (They like to include only part of they contract in evidence)

Any affidavit from thier own employee is hearsay. They were not there when the original account was created, so they cannot testify to it's accuracy.

Just remember this phrase, "Your honor, Midland has failed to establish standing in this matter." and "Midland cannot authenticate someone else's business records"

Good luck

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