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I beat Midland's MSJ...


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I have been posting on this case since August. I don't have enough posts to link to the thread that included my oppostion motion, otherwise I would be glad to share it.

Today I received the judge's ruling on the motion, almost a full month after the hearing.

The ruling reads: "....and the Court being duly advised now denies said motion for the reason that the assignment provided to the Court does not establish that the account sued upon was vailidly assigned to the plaintiff."

I understand the plaintiff has 10 days to respond in order to proceed to trail or withdraw the suit. Is there anything I should be doing in the meantime?

On another note.....:woot: and thank you all SO much for your help!

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I understand the plaintiff has 10 days to respond in order to proceed to trail or withdraw the suit. Is there anything I should be doing in the meantime?

I'm assuming that's an Indiana thing, so I don't understand it. However, I'm also going to assume you are correct and hope that you have nailed them as bad as I think you did.

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I may be a little fuzzy on the 10 day timeframe, or whether a responsive pleading from the plaintiff is required following a SJ ruling. I will research this further....

That being said, would this be an appropriate time to file a motion to dismiss? Would I be better off allowing the plaintiff the time to consider the bottom line cost effectiveness of taking this case to trial? At this stage of the game, the court has effectively determined Midland has not proven it's standing in this matter. I suppose they could attempt to secure the proper evidence for trial, but I'm wondering if I should take advantage of the timing factor and the state of evidence as it stands, or take the chance that they will not want to go to trial and just drop the case?

Any suggestions?

On edit: The amount involved in this case is less than $2,000.

Edited by Citizen S
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Me, I'd file a Motion for Summary Judgment, and I would include the judge's ruling as Exhibit A. I think the judge just gave you a clear path to a win....he is telling you that they have no standing to sue, which is the basis of most wins against JDBs. That may convince them to dismiss. It sounds like pleading is optional, it usually is. You can wait the ten days, but that baby would be in their hands on day eleven, with a big load in its diaper.

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Me, I'd file a Motion for Summary Judgment, and I would include the judge's ruling as Exhibit A. I think the judge just gave you a clear path to a win....he is telling you that they have no standing to sue, which is the basis of most wins against JDBs. That may convince them to dismiss. It sounds like pleading is optional, it usually is. You can wait the ten days, but that baby would be in their hands on day eleven, with a big load in its diaper.

Yes! Excellent point.

I know the ruling presents a kink in their grab and go SOP. At this point I don't want to make a strategical error when the case is going my way.

Thank you so much....brilliant!

On edit: Would this move allow Midland to produce additional evidence that has not already been introduced? The motion would give them 30 days to respond with the appropriate evidence. On the other hand, allowing the case to progress to discovery and subsequent trial would end up being a more time/cost intensive pursuit.

Discovery had not been initiated prior to the MSJ.

Edited by Citizen S
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If they try to produce more evidence, file a motion to have it suppressed. (Motion to quash, motion in limine, whatever your rules provide, or do it in open court.) You want to come in with evidence now? Where was it before? Even the judge said you can't make your case. Take it up with the Court. I have the Court's ruling. What do you have?

Discovery is now irrelevant, they decide to file the MSJ without it. If they didn't think they needed discovery, too bad. It's too late to start now. You said it yourself.....the ruling presents a kink in their garb. They are vampires, and you are standing over Bela Lugosi with a stake pointed at his heart and a hammer in your hand. What are you prepared to do? (nice line from The Untouchables)

Oh boy, I know what Coltfan would do. Ask him.

Edited by legaleagle
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  • 4 weeks later...

Citizen S,

I'm in the same "boat" in that I received a MSJ from Midland and I live in Indiana as well. I filed an answer to their original complaint, time lapsed and I received the MSJ before any Discovery was initiated. I need to answer the MSJ, but would love to get some additional information from you in order to respond. Any help is greatly appreciated.

Thanks,

carmelgrant

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