vbb18 Posted January 23, 2012 Report Share Posted January 23, 2012 I am getting sued by midland for a credit card debt they say I owe. I followed brjhome6's midland thread almost to the letter just modifying things to fit my case. In their response to my request for documents they only have a redacted bill of sale that does not show any account information, unless it is in the redacted portion, and a few months of account activity for the card that starts at about $900 and so is missing a lot. Their reply to my request for a document with my signature states that I would have that myself and if I signed up for the card online or by phone there would not be one. So now I am headed to a Propria Persona hearing in Cleveland, OH and was wondering if anyone has any experience with these in Ohio and can give me an idea what to expect. I am not sure that it is a trial even, if it is not should I demand one? Some ideas about defenses would also be appreciated. After I go to the session I will tell everyone what happened for any future defendants.Thanks a bunch in advance! This site has been great so far. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted January 23, 2012 Report Share Posted January 23, 2012 Don't know about Ohio but this sounds like a routine pre-trail hearing. Be prepared for the other side to approach you and try to convince you how lucky you are to be getting the offer that is getting ready to be made. Sounds like you have no pending issues. They're correct that there does not have to be anything with your signature to establish an account. As I'm sure you're already aware, from reading this board, them establishing an account in now way proves you owe Midland. Link to comment Share on other sites More sharing options...
tigra Posted January 23, 2012 Report Share Posted January 23, 2012 vbb18,Coltfan1972 is correct. It is a regular pre-trial hearing. Propria Persona stands for pro per (self-represented) party. Link to comment Share on other sites More sharing options...
vbb18 Posted January 23, 2012 Author Report Share Posted January 23, 2012 Yea that is what I was thinking. So I should tell them when they offer to make a deal that even if the account is mine, they have not shown that I owe them the money? Use the terms lack of standing perhaps? Then request a trial?Thanks for the reply. Link to comment Share on other sites More sharing options...
legaleagle Posted January 23, 2012 Report Share Posted January 23, 2012 How about this:"Nice to meet you, Attorney XXXX, see you in court. I owe your client nothing, and you can't prove I do. Have a nice day." Link to comment Share on other sites More sharing options...
vbb18 Posted January 26, 2012 Author Report Share Posted January 26, 2012 Update: Went to the hearing. It lasted about 5 min. The lawyer was pleasant and asked if I had tried to settle the debt. I replied that no I do not think I owe them the money so she wrote down "denied liability" and we went back in to the room. The judge called me up and asked the lawyer what was up, the lawyer said that I denied liability so they would review everything and probably file for summary judgement. The judge looked at my answers and said that I denied everything so she would schedule a court docket. So now I am wondering if there is anything I should do now? Can they file a summary judgement before the court date? If so should I try to file anything first? Like I said I followed brjhome6's thread on midland so have not filed any motions to compel or to strike or anything else. Should I file a motion to compel about the bill of sale that has everything redacted, and probably does not have my account listed on it anyway?Thanks a bunch for the help so far. Link to comment Share on other sites More sharing options...
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