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Midland vs. Me which way do I go?


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Ok, I'm nearing the end of my case, our magistrate has overruled everything I have done despite case laws and many of the same instances used in argument found on this website.

Anyways, here is the new issue:

In discovery sent by Midland, they included redacted/altered documents which involved the bill of sale and assignment (both of which indicated no account number in correlation to the original complaint from Midland).

Further, I called Javitch, Block and Rathbone yesterday, and their representative quoted an owed amount that is even less than what is stated in their complaint. This amount differed from Midlands original dunning letter, which differed from the complaint amount, which differed from the attached exhibit by Midland/JBR. So that is four differing amounts stated as owing.

On top of this, they filed a motion for summary judgement two days after i received the discovery.

Ok I have a bunch of different thoughts going on here, but my biggest is Fraudulent reporting involved.

Do I need to file a motion to stay against the summary judgement and a motion for leave, or do I just need to file a motion of leave because I want to get an attorney involved now. And how would I write either motion so it doesnt' get overruled again by this numbn*t magistrate (or a link to a good example)?

Basically I am/need to get an attorney to see what needs to be done next, because I feel strongly that fraudulent reporting amounts owed are involved, not to metion if it is fraudulent, I want charges against them but I digress. There are also discrepancies in the discovery evidence vs. the complaints and facts given by the plaintiff and other issues.

Thanks for any help and insight!

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Mistakes in dollar amounts will be argued as bona fide error, I don't think it will go anyplace, it certainly does not fit the definition of fraud. Stupidity, maybe, sloppy records, yes, but not fraud. If you get an attorney involved, he'll handle responding to the motion. If you want to do it, it is called (here, anyway) Objection and Memorandum in Opposition to Plaintiff's Motion for Summary Judgment. You can find plenty of examples on line. Make sure they are from your state. Local or federal cases, either will be acceptable. You have to raise an issue of triable fact in dispute, such as discovery is incomplete, affidavit is insufficient and needs to be challenged by examining the affiant in court, your account number and name are not referenced in any of the evidence, etc. Bad judges are your worst nightmare, study up for an appeal.

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