ASTMedic

Summons from Midland Funding, where to start.

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whether to DISMISS with Prejudice? I don't get it..They don't have a witness, no witness NO CASE..:twisted:

Did I miss something in your post??

So now you're in a wait mode...so sorry...nerve racking...

Nope. I'm home now with no verdict for 2 weeks. The Judge called us up, asked if the JDB had seen the MIL, kinda to say "hello you have no case". I gave the judge the original subpoena and declaration from the process server. JDB made his argument about the MIL arguing how affiants can't be in 150miles when they don't live in the state, cases all over the country, bla bla bla. Judge went to chambers to look over the MIL since he had just been given the case a few days ago. He came out and granted the MIL. Then I took the stand and after that the judge stated I would get the decision in he mail in the next 2 weeks.

Not sure if he just wanted to be done with the case since it was cut and dry and he felt the JDB was going drag it on and on. I got the feeling the judge was baffled as to how the lawyer felt he was going to win with out the affidavit. I'm hoping I didn't put my foot in my mouth some how on the stand.

I feel like I should have said something regarding the fact that since the affidavit was out then they clearly lost any proof of assignment since all the docs were now out. Is that going to be clear to the judge?

Edited by ASTMedic

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So I just figured something out and need input.

I was sitting outside the courtroom before court and couldn't figure out why they never opened the courtroom. So I looked at the court calendar and I found that it was moved to another room. It was a different judge than the one that I had at the CMC and than would have herd cases in the original room. I just looked on line and I found that it was a visiting judge, what's the deal with this. I was told something about having to sign something if there was a switch. Someone help clear this up please............

Edited by ASTMedic

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So I just figured something out and need input.

I was sitting outside the courtroom before court and couldn't figure out why they never opened the courtroom. So I looked at the court calendar and I found that it was moved to another room. It was a different judge than the one that I had at the CMC and than would have herd cases in the original room. I just looked on line and I found that it was a visiting judge, what's the deal with this. I was told something about having to sign something if there was a switch. Someone help clear this up please............

The key is if his name plate said Judge Somethingor other. He sounds fair and didn't by the JDB bull He knows their is no proof of assignment, and he is gonna be fair I guess but he doesn't want to make a bad ruling that opens the door to them.

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The key is if his name plate said Judge Somethingor other. He sounds fair and didn't by the JDB bull He knows their is no proof of assignment, and he is gonna be fair I guess but he doesn't want to make a bad ruling that opens the door to them.

Good point. Ya his plate said Hon. R. M. Smith if I remember right. I looked him up online. He's ruled on other cases as a visiting judge.

He clearly didn't buy the BS that was for sure. Like I said he almost seemed mad the lawyer had pushed on after the MIL was granted.

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I think you might be getting a ruling in your favor - especially if you got their CCP98 declaration kicked...

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I think you might be getting a ruling in your favor - especially if you got their CCP98 declaration kicked...

The odd thing is we didn't submit a single piece of evidence other than when I gave the judge the failed subpeona and the declaration from the process server.

I'm hoping that's all he wanted to see and he was just humoring the lawyer by letting him call me to the stand. He really seemed perplexed that the lawyer was continuing after the MIL was granted.

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I'd be perplexed too - I hope you didn't remember anything about the alleged debt...

I answered yes when he asked if I had a CHASE card but he never asked about the specific card in the complaint. Yes for addresses I've lived at but after that it was "I don't recall". He asked if I got statements, if I paid bills, if I knew the balance. All were "I don't recall"

Even if I had admitted to the card no proof was presented that they took assignment of the account. The judge never even went there.

Edited by ASTMedic

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I posted a thread about my battle and the links to the docs I used here

Edited by ASTMedic

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So how do I proceed now that I got judgment in my favor?

Wait till you get it in the mail, then drag them to a debtor exam. If possible, levy thier bank accounts too!

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So I looked at my credit report. They ran me back in Oct. Is this a violation also?? Does your situation count as a violation of first contact???

They did list a cause of action as account stated. They list the following under that:

"With in the last 4 years, Defendant became indebted to the plaintiff in the amount of $xxxx.xx on an account stated in writing by and between Plaintiff and Defendant in which it was agreed that the Defendant was indebted to the Plaintiff."

"Plaintiff has made demand on Defendant for repayment of the account stated but Defendant has failed and refused to pay the balance due."

"As of the date of this complaint, there is due and owing the unpaid the sum of $xxxx.xx and additional interest on that amount of $xxx.xx. Interest has accrued and will continue to accrue on the unpaid sum of $xxxx.xx at the rate of 10% per annum starting on June 30, 2011.

"
WHEREFORE
, Plaintiff prays for judgment against Defendants as follows:

On the First Cause of Action

1. For the unpaid balance of $xxxx.xx

2. Interest due on $xxxx.xx at the rate of 10% from June 30, 2011

3. Cost of suit and

4. Such other relief as the Court may deem just and proper.

I still don't see how any court could find that I own them anything on an account between us when I never signed anything between us. Also how can it be an account in writing when using accounts stated cause of action are (as I understand it) used when no contract can be produced by JDB???

These are almost the same exact wording as my summon too! My last payment was sometime before Dec 2009 but they still said

With in the last 4 years, Defendant became indebted to the plaintiff in the amount of $xxxx.xx on an account stated

It's clearly not for the past 4 years. Am I able to defend myself with that?

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These are almost the same exact wording as my summon too! My last payment was sometime before Dec 2009 but they still said

With in the last 4 years, Defendant became indebted to the plaintiff in the amount of $xxxx.xx on an account stated

It's clearly not for the past 4 years. Am I able to defend myself with that?

First off did you start your own thread?

I wouldn't try and focus your case on something so simple. Account standing is one area you're going attack but you need others. You need to go for larger chunks of their standing. Have you looked over my other thread here

Edited by ASTMedic

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