1chance2dream

EEEEK Have trial later today with Midland

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There does not seem to be a lot of people that update with how their trials went. Kind of disheartening because it seems like a lot of people show up to have their case just dismissed or just never say how their trials went which makes me think they dont go so well...

I know for me that this will be a fight till the end (which should be today)! They are suppose to have a witness appear telephonically which of course make me uneasy. I know in the end their dates make this out of AZ statute of limitations of 3 years since no sort of contract has been produced and they failed to respond in the 20 days to my counterclaim so I have a default judgment in my favor that of course I will bring up to the judge because technically they have 10 days to respond to my default judgment and today would be 10 days...BUT they always have some kind of rebuttal that I dont understand so that is what makes me uneasy because I only know what I am doing not what they could be rebutting with...

The judge signed off on my motion for them to compel to my production of documents and they never responded to that either. They also sent me some paperwork that wasn't even for our case -not even our case number- it is someone else they are currently suing but it is the same paperwork they sent me BUT with that case number and that persons amounts. Can you say robo paperwork!!?

I hope it goes in my favor today but you never know! I do have a counterclaim so hopefully if it goes in my favor I get a little something out of it. It does not seem like a lot of people in AZ fight and ask for counterclaims. We have not had any kind of pre-trail or conferences so today is the day it all comes out. Just a little uneasy. Cross your fingers for me today! I am on my way to hopefully WIN WIN WIN!!

-And when this is all done I will do a full break down of my case because boy this has been a FIGHT to the max with them!!-

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I also want to state that their only "evidence" is an affidavit of someone who works for them (of course) and a generic credit card agreement from 1999-which I am sure they will say this is a contract and I am sure they will say it is amissable for some reason or another...

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Thanks GameViod I leave here in 30 minutes because of course they are suing me on the other side of town!! Can't wait for it to be over!! But I for sure either way will have a break down of everything just to see if maybe I did anything wrong or hopefully all the things that I did right!

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I have to say I agree with you, one member posted how they won a motion to dismiss (in AZ actually) with the tremendous help of those on this forum. People asked that this person to share a redacted copy of your motion here so that others could learn from it...which they said they would..and guess what? Nothing! You hope people would pay it forward, but guess some people don't believe in that.

Having said that, I wish you the best and hope to see your posts later about your victory!!

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SOOOO they are going to mail us our results...WTH?!!? Don't really feel it went well in my favor however. It was a clerk NOT a judge that was over our trial. First question she asked the Plaintiff was how much was the credit card for...

ALSO they never responded to my motion to compel that was signed by the judge and never said they were going to produce statements in their disclosure BUT the clerk allowed them to submit it into evidence anyways...

They also had the lady that made the affidavit appear telephoncially which went ok she obviously didn't work for the original creditor. I did get to state that I do not believe this is my debt and that I believe they are trying to unjustly sue me and that they have NOT produced a contract of any kind. And the statements they have are not originals and although they have my old addresses on them doesnt mean I owe because anyone can send you something in the mail saying you owe someting and that even doesnt mean they actually sent it to those addresses.

I also mentioned a few times that this is out of the statute of limitation as of August 2010 BUT that didn't seem to do anything. I also have a default judgment out right now that technically they have until next Monday to respond to but you bet on Friday I will be sending a letter stating that judgment in my favor due to default for not responding.

But I think she did not make a ruling because they have not made any judgments on my summary judgment, my default judgment still has a few days and who knows what else they havent ruled on because it takes them a month from the time they get it to rule on it. BUT I DO NOT think I got my counterclaim because I failed to make a claim?...my claim was that they are suing out of statue of limitation and that they are unjustly suing when they have no sort of contract but that is what the plaintiff said was that I didnt have a claim to base it on and she seemed to highly agree with him.

SO I guess I will have to file for that default on Friday and just see what happens. I really am hoping it it still in my favor BUT from how she was to me (very stern and allowed them to do whatever!) but maybe she will actually read all the things I have submitted because they have no right to sue me out of the statute and produced no sort of contract...

Thank you for all the positive vibes but I think I still need them!! LOL

I will make a new thread when I find out how my case ends...if it doesnt end in my favor you bet I will be appealing!! because how can they sue out of statute of limitation!!!??

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SOOOO they are going to mail us our results...WTH?!!? Don't really feel it went well in my favor however. It was a clerk NOT a judge that was over our trial. First question she asked the Plaintiff was how much was the credit card for...

ALSO they never responded to my motion to compel that was signed by the judge and never said they were going to produce statements in their disclosure BUT the clerk allowed them to submit it into evidence anyways...

They also had the lady that made the affidavit appear telephoncially which went ok she obviously didn't work for the original creditor. I did get to state that I do not believe this is my debt and that I believe they are trying to unjustly sue me and that they have NOT produced a contract of any kind. And the statements they have are not originals and although they have my old addresses on them doesnt mean I owe because anyone can send you something in the mail saying you owe someting and that even doesnt mean they actually sent it to those addresses.

I also mentioned a few times that this is out of the statute of limitation as of August 2010 BUT that didn't seem to do anything. I also have a default judgment out right now that technically they have until next Monday to respond to but you bet on Friday I will be sending a letter stating that judgment in my favor due to default for not responding.

But I think she did not make a ruling because they have not made any judgments on my summary judgment, my default judgment still has a few days and who knows what else they havent ruled on because it takes them a month from the time they get it to rule on it. BUT I DO NOT think I got my counterclaim because I failed to make a claim?...my claim was that they are suing out of statue of limitation and that they are unjustly suing when they have no sort of contract but that is what the plaintiff said was that I didnt have a claim to base it on and she seemed to highly agree with him.

SO I guess I will have to file for that default on Friday and just see what happens. I really am hoping it it still in my favor BUT from how she was to me (very stern and allowed them to do whatever!) but maybe she will actually read all the things I have submitted because they have no right to sue me out of the statute and produced no sort of contract...

Thank you for all the positive vibes but I think I still need them!! LOL

I will make a new thread when I find out how my case ends...if it doesnt end in my favor you bet I will be appealing!! because how can they sue out of statute of limitation!!!??

What do you mean you have a default judgment out right now?

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In AZ, a default judgment is not automatic. It has to be filed for before it is granted.

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Ok so I filed a counterclaim to which the plaintiff has 25 days to respond, well they never responded SO I filed for a default judgment for them failing to respond.

BUT they have 10 business days to respond WHICH technically is not up until this Friday. SO actually probably Thursday I will send Motion for default judgement for failure to respond to my default judgment. lol :) get it...so basically I have a default judgment that has a few more days for them to respond to it.

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I have a few questions about your trial?

What evidence did they try to submit? I assume the normal:

affidavit (from Midland Employee)

Bill of Sale (specific accounts purchased missing or not attached)

Cardmember Agreement (no specific reference to you or alleged account to determine if these are the actual terms for alleged account)

Statements (no authentication from original creditor)

Did you ask their witness any questions? (to prove that she has no personal knowledge of any of the above)

And most importantly...Did you object to all of their so-called evidence?

(none of the above are a business record exception to the Hearsay Rule as they have not been authenticated by a person with personal knowledge at or about the time they were produced)

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I have a few questions about your trial?

What evidence did they try to submit? I assume the normal:

affidavit (from Midland Employee)

Bill of Sale (specific accounts purchased missing or not attached)

Cardmember Agreement (no specific reference to you or alleged account to determine if these are the actual terms for alleged account)

Statements (no authentication from original creditor)

Did you ask their witness any questions? (to prove that she has no personal knowledge of any of the above)

And most importantly...Did you object to all of their so-called evidence?

(none of the above are a business record exception to the Hearsay Rule as they have not been authenticated by a person with personal knowledge at or about the time they were produced)

They had:

affidavit (from Midland Employee)-she was also the witness!!

Cardmember Agreement (no specific reference to you or alleged account to determine if these are the actual terms for alleged account)-generic agreement from BofA that was from 1999

Statements were copies of my statements FROM BofA with my name the account number and my addresses.

I asked her things like

Have you ever worked for the original creditor

Was my file a complete file

How would you know how the OC does business if you never worked for them

How are files kept

I will have to find my note pad with all my questions

And I tried to object to evidence but the clerk said she would allow it...But of course I brought up a couple times that they weren't originals.

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I wouldn't be too worried, from what I see they never proved they purchased the alleged account. Even if they allowed all of the other evidence. Without an assignment or Bill of Sale they have no way to prove they have standing.

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They had:

affidavit (from Midland Employee)-she was also the witness!!

Cardmember Agreement (no specific reference to you or alleged account to determine if these are the actual terms for alleged account)-generic agreement from BofA that was from 1999

Statements were copies of my statements FROM BofA with my name the account number and my addresses.

I asked her things like

Have you ever worked for the original creditor

Was my file a complete file

How would you know how the OC does business if you never worked for them

How are files kept

I will have to find my note pad with all my questions

And I tried to object to evidence but the clerk said she would allow it...But of course I brought up a couple times that they weren't originals.

They drove a witness from san diego to your court? they had all that time to coach her and they still failed? good job.

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OK well give me a few days and I will post MY start to finish with Midland and prepare it will be LOOOOOONG!! Because like I have been saying it was a fight and a back and forth back and forth!!!! But I WON even with a witness and even with the top lawyer of that law firm showing up and even with them coming up with the statements from credit card company!! BO YA!! I win and YOU SUCK!! xdancex sorry I am just so happy!!!

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