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former lurker now newbie sued by Midland Funding

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Hi everyone I got a summons in December, yeah right before Christmas, from Midland Funding.....I had no idea what was going on as this was the first I had ever heard of Midland.

I googled Midland and found out they were a JDB, and immediately answered summons, just a general denial (I panicked, should have taken my time ) but the court accepted it and discovery began.

I then found this forum and began studying for hours and hours at a time. Coltfan and legaleagle, I dont know you nor you me but you have become like best friends to me:lol:

In response to their discovery I denied absolutely everything, then asked them for everything....the only things they have are a generic bill of sale, no names, no accounts and a stack of unauthenticated statements, and I do mean a stack, but only a few pages have any information on them, about 25 to 30 pages of nothing, blank checks from Chase that you can use when you have a cc that say VOID etc....a load of garbage in other words.

Pre trial was set by phone, I waited by the phone for an hour and no call came, called the court and they said it had been postponed due to discovery, okay so nice of someone to let me know88-)

Next pretrial by phone magistrate called and had lawyer on other end Javitch Block and Rathbone in Ohio.....was some young man, not the young woman who is assigned to my case, fresh out of law school I might add, I googled her and found her on Linked In ;) He was clueless had no idea what was even going on with my case (of course) the magistrate asked if either side needed any more time for discovery, we both replied no we did not, then he asked lawyer what his next step would be and he answerd "File summary judgment" The magistrate set a court date for May 3, made sure I wrote it down so I wouldnt miss it, I really did get the feeling he was on my side.

I must say the magistrate was very nice and helpful towards me, asked me if I understood what summary judgment meant and I played dumb and scared and asked if the court would let me know what was going on and he said yes they would.

I immediately mailed out my own MSJ, yeah made some mistakes but at least I got a shot in before my snooty little lawyer could make a move.....she of course opposed it.....therein supplying me with the most wonderful case histories and format so that I can oppose her MSJ when it comes, which I am sure it will, these people just dont want to give up even when they know they cant win.

At this point I am hoping this goes to couit, I want to whip this little twerp in front of the judge sooooo badly.......I used lack of standing and the lack of a a bill of sale with any information about me on it as my reason for filing MSJ and her answer LOL was that since Midland buys debt in large bundles a name and account number on the bill of sale is infeasible!!!! SERIOUSLY?????!!!!! Okay call me a special kind of stupid but dont they have to PROVE that they own MY account?? They have no sworn affidavits from anyone, not even a Midland employee, they have no authenticated evidence whatsoever......am I wrong or am I going to win this thing? 8-)

Thanks to everyone who have shared so much to help me and others like me who stumble across this wonderful forum in their quest to protect themselves from these bottom feeders. I also got a dunning letter from Paragon Way using NES, I debt validated them and they went away, never heard another word and my credit rating shot up from 708 to 789 shortly thereafter, wish I could have had the chance to DV Midland.....this was for a different cc but they backed off when I fought back :twisted:

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Her answer LOL was that since Midland buys debt in large bundles a name and account number on the bill of sale is infeasible!!!! SERIOUSLY?????!!!!!

And this is the type of B.S. these JDB argue. Absolutely ridiculous, but they actually argue this. This is an insult to even a non attorney pro se litigant.

So let me get this straight. Because Midland buys in so much bulk it would be way too much trouble to specifically list this account and show with admissible evidence they even bought this account? Really?

Easy cure for that Midland. Get the party you bought the accounts from to court so they can confirm what you are saying is true.

I'd file a reply brief and just destroy that ridiculous argument. Good best evidence rule if you want some added ammo (not that you needed in this case).

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I'd put in my reply, "Plaintiff is using the nonsensical argument that because Midland's business model and they way Midland obtains defaulted accounts causes Midland to be unable to prove their actual ownership of the account, or Midland does not want to spend the time and money to prove actual ownership of the Defendant's specific account, somehow the Defendant should suffer. In other words, Midland Plaintiff is arguing that their business model and they way they purchase allegedly defaulted accounts, somehow trumps the 14th due process amendment to the United States Constitution. or as the popular saying goes, lack of planning on your part does not constitute an emergency on my part.

Because Plaintiff meeting their burden of proof and allowing the Defendant to enjoy his 14th Amendment right as stated in the United States Constitution is allegedly "infeasible" and therefore the Plaintiff should prevail, is arrorgant, insulting, flies in the face of common sense, is nonsensical, does not meet one of the exceptions to hearsay, does not meet the best evidence standard and deprives the Defendant his due process rights.

Midland did this to themselves. Nobody held a gun to Midland's head and told them they had to do business which makes it "infeasible" to meet their burden of proof and comply with the basic rules of evidence. Midland only needs to look in the mirror for blame that it's "infeasible" for them to meet the basic burden of proof to establish standing. ::BigGun::

Edited by Coltfan1972
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Thank you coltfan, how do I file a reply brief if you dont mind my asking...I take this thing one step at a time cause my little brain cant think too far ahead or I get confused lol

You would have to check your rules, but generally speaking, you just do it as you would a term paper. You just put your arguments in writing and just go line by line and blow holes in their arguments.

You would just write in somewhat free form without the ton of see (XXX case, ect) You can add those but it's basically just putting your arguments in professional written form.

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Fantastic, wonderful!!! I will do this with pleasure and am soooo happy to be able to use the word 'nonsensical' on her as she used it on some of her discovery answers, like just because she went to law school I should know legalese in a few weeks of perusing the internet...that word really ruffled my fur and now I get to turn it on her!!! Many many thanks!!!

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