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can we do a document request of JDB's previous and current lawsuits by State AG's?


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I've gotten some great help with document request and had a further question on it.

Specifically I'm wondering about asking Midland to provide documents about their lawsuits brought by Texas and Minnesota and their agreements they were forced into with Maryland and New York.

1. is it worth it?

2. is it proper?

3. can the information returned be used?

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Most of that is public records anyways. What angle are you taking with this?

My thoughts here too. When I see those kinds of things, I start thinking more along the lines of Midland being the defendant and the plaintiff trying to justify punitive damages by showing a pattern.

I guess the answer is that sure, you can ask for it, but you probably won't get it. Even if you do have a good angle to use, KentWA is right, much of that will be public record.

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mostly just showing a pattern of repeated malfeasance.

I would think multiple quotes from multiples states all dealing with the same issue....like this one from Texas would have to have some impact on the judge.

From Texas V Midland Funding LLC, section 9.13

“Thus, for years, Defendants have affirmatively and systematically deceived the Texas courts and undermined the fairness of the justice system on a massive scale. Through Defendants' illegal practices, a great deal of the State's judicial resources have been expended helping the Defendants to obtain dubious judgments based on incomplete information and supported by false and fraudulent affidavits.

But if its public records I hope I can bring it up myself without too much worry about it being irrelevant or getting struck.

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Can you make a real argument that it is relevant to your case? I mean, can you point to a specific fact, claim or allegation and argue that it is relevant to here? The kind of stuff that you are looking at here strikes me as more of an offensive tool rather than a defensive one. IMO, you should be able to show that they are being deceptive without those. Midland has a history of not being able to actually prove its claims.

I'm not saying that public records cannot be admissible for defending your case as I was going to use some myself. But I had a very specific reason for each public record that I was going to use.

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USAGi is right, you have to have a reason to introduce the case law you find. Otherwise it won't have any relevance. It can't be something that says "XXXX JDB has been found to be dishonest in their dealings with the court, therefore this court should disregard anything they say and find in my favor." That won't fly. It's kind of like the civil version of introducing a defendant's prior record in a criminal case. Motions for MSJ or making false affidavits are the best place for this. You could accuse them of something along the lines of filing a frivolous suit or making an affidavit in bad faith. In your memo of law you would point out how courts ruled in previous cases with similar evidence, which would coincidentally all be cases against Midland or whomever.

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I did with my perfect matching pair of affidavits for 2 separate cases same judge, 2 different OC's, same plaintiff, same law firm, different affiants, word for word same affidavits though! I think the Judge is peeved at Plaintiff for filing 2 cases so close to each other. As he set a pre trial conference for both cases at the same time. Well I am hoping he is peeved at them.

Can you make a real argument that it is relevant to your case? I mean, can you point to a specific fact, claim or allegation and argue that it is relevant to here? The kind of stuff that you are looking at here strikes me as more of an offensive tool rather than a defensive one. IMO, you should be able to show that they are being deceptive without those. Midland has a history of not being able to actually prove its claims.

I'm not saying that public records cannot be admissible for defending your case as I was going to use some myself. But I had a very specific reason for each public record that I was going to use.

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I did with my perfect matching pair of affidavits for 2 separate cases same judge, 2 different OC's, same plaintiff, same law firm, different affiants, word for word same affidavits though! I think the Judge is peeved at Plaintiff for filing 2 cases so close to each other. As he set a pre trial conference for both cases at the same time. Well I am hoping he is peeved at them.

If I was going to bring in affidavits to show that they are form affidavits, I would bring in numerous certified copies. I would also have something else to support my assertion that the affidavits are crap. Like their response to an interrogatory that states that the affiant is just there to review some business records and then sign the affidavit.

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Always G2 the enemy. Learn his strengths, learn his weaknesses. Attack the former with overwhelming force and exploit the latter with appropriate actions. Learn the theory, not the technicalities. Make a judge sit up and say "whoa, that's a good argument, I never heard that before in a credit card case." Don't sit there and say "I don't remember this card, I don't owe the money, and they can't prove I do." That goes nowhere. You have to give the court a reason to rule in your favor. Most jdb lawyers are not prepared for a fight. They don't expect one, and they never learned how to defend a credit card case themselves. They won't spend the money for a protracted legal battle. THAT is the weakness you must exploit. A simple understanding of the rules of procedure allows you to take full advantage of the legal system. You can tie them up and make them bleed money, which they will not do. If they try, which some do, you'll soon see that you are up against lawyers who never should have been licensed.

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Make a judge sit up and say "whoa, that's a good argument, I never heard that before in a credit card case." Don't sit there and say "I don't remember this card, I don't owe the money, and they can't prove I do." That goes nowhere. You have to give the court a reason to rule in your favor.

So what do you say if the judge asks you if you had the credit card? Mr. Beergoggles did you ever have a credit card with chase? Also whenever I talk to anyone at the court they always ask me if I did have the credit card I am being sued over. Whats up with that? Why are they asking me this?

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I've gotten some great help with document request and had a further question on it.

Specifically I'm wondering about asking Midland to provide documents about their lawsuits brought by Texas and Minnesota and their agreements they were forced into with Maryland and New York.

1. is it worth it?

2. is it proper?

3. can the information returned be used?

By using it in the trial brief and requesting judicial notice you can bam them.

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