Midland over 1500 cases on my county docket.....

[kittymamma]

.....I have read most of them....so incredibly shocking.....mostly defaults....one hired a lawyer to represent her and the case was automatically dismissed by plaintiff.....lots of garnishments.......but I am the ONLY ONE out of all of these that filed for summary judgment against plaintiff!!! the only one!!!

I have a new mission and it will take a lot of time and effort but I am going to do it....I am watching all the new cases.......as soon as they get served and I get an address I intend to send them letters informing them to fight, send them to this board or help them answer their summons if I can....but to tell them that they absolutely HAVE to answser, not let these buzzards get a default on them......a huge undertaking as Midland is filing cases every day, but I am sure as heck going to give it a try!!!

[usagi555]

.....I have read most of them....so incredibly shocking.....mostly defaults....one hired a lawyer to represent her and the case was automatically dismissed by plaintiff.....lots of garnishments.......but I am the ONLY ONE out of all of these that filed for summary judgment against plaintiff!!! the only one!!!

I have a new mission and it will take a lot of time and effort but I am going to do it....I am watching all the new cases.......as soon as they get served and I get an address I intend to send them letters informing them to fight, send them to this board or help them answer their summons if I can....but to tell them that they absolutely HAVE to answser, not let these buzzards get a default on them......a huge undertaking as Midland is filing cases every day, but I am sure as heck going to give it a try!!!

It's nice to see somebody else as pissed off as I am. Midland filed 1,300 in my state in 2011, and NM isn't exactly what you'd call a state with a large population. I can still go camp out at places where I probably won't see another person all weekend.

[kittymamma]

Oh I am pissed alright, have been since right before Christmas when I got a summons, have been on a crusade ever since....I hope to seriously put a huge dent in their default cases from now on.....BUZZARDS and that is an insult to the buzzard lol

[usagi555]

You take on the JDBs. I'll take on the OCs. They all use the same attorneys anyway. I have case law in my state supporting the idea that if they didn't actually review a case before filing it, their actions (can) constitute the tort of Malicious Abuse of Process. The nice thing about that tort is that even though malice is in the name, it is not one of the elements that needs to be proved.

[kittymamma]

Its a deal usagi, if enough people fought and fought hard, not just for ourselves but for the uninformed we can eventually put these creeps out of business!!!

[GreenBean]

Im not dealing with Midland but it's amazing when you look at the court website and see the number of cases filed. I'm dealing with an attny representing another JDB but if I understood the court website correctly they have filed over 19,000 cases this year alone in my county. Very few of the cases had legal representation.

Good luck with your fight! I actually just filed my Answer to the original summons this morning and I *will* fight if the matter is pursued.

[usagi555]

Im not dealing with Midland but it's amazing when you look at the court website and see the number of cases filed. I'm dealing with an attny representing another JDB but if I understood the court website correctly they have filed over 19,000 cases this year alone in my county. Very few of the cases had legal representation.

Good luck with your fight! I actually just filed my Answer to the original summons this morning and I *will* fight if the matter is pursued.

You wouldn't be dealing with C&S would you? I know that firm filed something like 80k cases in NY in one year. You're pro se. You can assume that the matter will be pursued. Standard collection attorney tactics include lying and bullying. It's harder to do that to a represented party. Learn everything you can and use that against them.

Edited March 23, 2012 by usagi555

[GreenBean]

No, I'm not dealing with C&S. I'm dealing with Rubin & Rothman out of Long Island that are representing Ascent Equity.

The majority of the cases filed by Rubin & Rothman in my county seem to stem from Ford Motor Credit and a local teacher's credit union (mine is for WAMU). I saw a few Chase/WAMU cases by them but not many.

From what I read this firm is a bunch of dirt bags. I will fight once I find out what their response to my Answer is.

[kittymamma]

Good for you Green Bean, fight like crazy and then get the word out to people you know, friends, family, even like I did, I post about it on Facebook.....so far I have helped 2 other people send DV and the buzzards plain went away, not another word out of them.....I intend to help as many people as I possibly can, from now on......lets get the word out there, lets cramp the style of these bottom feeders on their defaults!!! Quoting General Robert E Lee.....NEVER LET THEM SEE YOU RUN!!!!

[Coltfan1972]

I love your spirit !! If you read these boards much you know I hate Midland and junk debt buyers in general.

So I applaud you for your efforts, BUT !! Don't venture into the area of unlicensed practice of law. You said you were going to tell them to answer the suit and you would help them with the answer.

On this board most are unknown, we know who were are talking to, or just plain don't care, when it comes to the issue of unlicensed practice of law. You see a lot of in my opinion, and generally speaking when I post.

I'd direct them to this board and let them know you have some great sources of information. However, expect to be disappointed. I get PM all the time asking for assistance. Usually when I say to email me the doucments or tell me what your thinking for a strategy so I know where we can start, I never hear from them again. And that is on this board and the contact is 100% unsolicited. Or I'll send back a few responses, maybe even look up some case law, and then not a "thank you" or that worked or did not work. A lot of people are lazy and intimidated. That is a dream come true for junk debt buyers. So just understand not everybody has the fighting spirit, and even if you do provide them the resources, a lot won't do any of the leg work themsleves. It's just the way it is unfortuantely.

Just keep that in mind but the most important thing is watch out for unlicensed practice of law. If you do end up costing Midland some money and they find out, they will probably come calling. Again, it's great you want to help. Just giving you my two cents on the subject.

[usagi555]

I think that a very effective method would be to sue them, blow some things out into the open in court, get some money from them, then get on the news telling people (no person specifically) how things work and that they can get money out of this if they are just willing to fight. Give the consumer the same motive as the OCs and JDBs. Profit.

[kittymamma]

Coltfan, I already gave that some thought.....i am not an attorney, dont even know all that much about this but I know enough that everyone needs to answer the summons...that already throws a wrench into Midlands default game.

I just thought I would write a general letter, tell them they dont have to lie down and take it, and direct them to google this board, Budd Hibbs etc...in other words research and fight, that is exactly what I did.

If they want to ask me some questions they can, I can give them a general idea of what they have to do, that shouldnt be against the law, the first word I ever heard wasnt even from Midland, it was from some debt consolidation firm that wanted to HELP me SETTLE....yeah right....so I figure if THEY can puruse the dockets and send out their information then so can I. I am going to give it a try, if nothing ever comes from it, I guess I will stop, but if Midland wants to fight me on it, let them try!!! Maybe getting it out on the local news would further hinder Midland from making more money in my country, its a start

[notgoingdown1]

Coltfan, you read my mind.

kitty mamma I commend you! I hope that you are able to light a fire under someone's rear end to stand up for themselves and fight.

But my thoughts are similiar to coltfan, most people just take the default because let's face it, this is a very very time consuming fight! Especially when you are first served that summons.....

It is frightening and then when you start to search the internet and read the millions and millions of articles out there on the subject and your brain starts to fry a little bit, it is difficult to have the confidence moving forward.

That is the main reason there are so many defaults out there, I think the average person knows they have rights, and they may begin the search for that information, but then life keeps on going and there are so many demands on one's time that you have to prioritize, a lot of times these lawsuits don't make the cut.....

I wish you luck!! Even if you are only able to reach one out of 100, then I think it if a fight worth it!

[Coltfan1972]

I just thought I would write a general letter, tell them they dont have to lie down and take it, and direct them to google this board, Budd Hibbs etc...in other words research and fight, that is exactly what I did.

Perfect !! That is not giving legal advice, just good advice.

[legaleagle]

Keep fighting, you are what this board is about. Unauthorized practice of law is very hard to prove, considering we are all anonymous to begin with and do not give legal advice. We give opinions and information gained from our own personal cases and experiences. The posters can do what they want with it. Law practice involves applying the law to a certain set of facts, advising people whether or not they have a case, how certain laws would apply to their case, preparing their pleadings for them, respresenting them in court, telling them you are a lawyer when you are not, and GETTING PAID. Free advice is worth whatever you want it to be. I live for the day when some JDB attorney wants to try to pursue any of us for this. So does Coltfan, I bet.

[kittymamma]

Notgoingdown YES it sure is time consuming.......I bumbled my way thru it alone until I found this board.....my initial reply to the summons was quite laughable actually I just knew I had to answer so I said that Midland is a Junk Debt Buyer and I owed them nothing, and that I wanted discovery so that I could fight them on it, they would get no default from me.....well the court accepted that and it was on from there

One step at a time, that is all you can do. and since it is long and drawn out at least one has time in between each move to research and learn, that is the only way.....much better than having your wages garnished etc....I could have just sat back and let them go for it, I am basically judgment proof, I dont work and all our assets are in my husbands name BUT I am an only child and stand to inherit from my elderly aunt and everything my parents have, house and property etc. there is NO way I was going to even give Midland a chance to get their slimy hands on anything my family worked their whole lives for....huh uh

Legaleagle, I hope I can help someone, I would have been thrilled myself to get a letter from someone telling me it wasnt hopeless.....I plan on staying anonymous.....send them here, if they come here then they can talk to me personally and better yet get great advice from all of you guys who know so much more than I do!!

[NeverServed]

I personally think because of the economy ppl have been having a rough time. But you know what IT isnt our fault. if they would stop sending jobs overseas. Stop giving the banks bailouts and start helping the tax payers we wouldnt be in this situation. They got a slap on the hand for their shady stuff. give the tax payer the same a free pass to go! and let them do it right. I bet they wouldnt get into this pickle again KWIM

[Coltfan1972]

I live for the day when some JDB attorney wants to try to pursue any of us for this. So does Coltfan, I bet.

I live for the day a junk debt buyer tries to pursue me for anything. It always turns out so well. It never turns into a circus, never has unexpected conflicts, a race to see who can run up the legal bills faster than the national debt or blown completely out of proportion compared to the nature of the dispute.

Just a peaceful dispute between two parties that is quickly resolved by everybody working together to reach an amicable solution.

You know Legal, we should really start our own private arbitration and mediation service. We really know how to help good people with honest disputes come together and resolve their differences, with only the bare minimal amount of court intervention needed.

You know, we are always looking for a win-win for both parties.

[legaleagle]

You know Legal, we should really start our own private arbitration and mediation service. We really know how to help good people with honest disputes come together and resolve their differences, with only the bare minimal amount of court intervention needed.

I agree 110%. I would be willing to pursue this, let's see what is involved. The only issue is practice of law.

[fightemdontfold]

Kitty - you have a great moral compass to want to pursue what you have described, aiding people and informing them of their rights.

I actually made contact with a lady and her husband shortly after I was sued to tell them that the people sueing them had little to prove their case and was coutning on a default, showed up at their home (luckily they were out shoveling snow). They were very grateful and said that they didn't really understand what the summons they had received meant. I have no doubt they would have probably let it go and they would have had a default levied against them. I gave them my phone number, never heard back from them but tracking their case online I have taken note of a couple hearing dates and it currently sits with no action. The same people suing them sued me (Bureaus Investment group portfolio) and they let the thing sit for months before it was dismissed.

I will give you a few things to think about though, things that have to this point kept me from pursuing what you are planning on.

Upon informing the court clerk of the practices of the JDB's and my desire to help people who are sued by informing them of the facts (this was when I was getting the files of the couple I helped as well as a few others) she told me that the court clerk's office would not be avaiable for me just to have them pull files for this purpose. I could detect that she knew she was probably wrong in denying the public access to the files of the court, but she was not very keen on having her workers be bothered with retrieving all the files for this purpose.

My take was that I could probably do it but that I would be detested and eventually there may be some action taken to thwart this activity. I told her that perhaps I could come down and review a certain amount of files a week and she seemed to be ok with that.

What you are wanting to do is probably nothing the clerk's office has ever had to deal with, so you might have some initial opposition due to the work involved, but I think they have to make the files available.

Another thing you have to consider is that, sadly, many people are so lazy that they may very well not act even if you tell them the facts. Think of the work involved in effectively opposing the JDB's, sure we are up to the task and willing to stand for our rights but many others are not willing to put the time in even if it will save them money. There is alot of attention to detail and hours of work and research that is needed for a novice to pursue things. Then there is drafting up everything, if your a detail freak like me then you know that takes alot of time and effort, redoing things to make up for mistakes,etc.

Sure those of us who have gained the knowledge know what to do, but think back to the beginning in your quest for knowledge to fight the JDB's. Many people just don't have the will and desire to do the work that is nessesary, sad to say but I don't think I am wrong, people today like things to be easy and don't like to dedicate time and effort to much of anything, the majority anyway.

Anyone can do it, but we are in a minority of people who are willing to take on the task.

I don't know where I would put the percentage at, probably more than I think, but there is a section of people that you can't, in a sense, drag to the water to drink.

One last thing to consider, perhaps selfishly. Just think if all the cases in your area were anwsered, due to your efforts perhaps. Do you think the JDB's would start trying to pursue the cases in court, that they would see if they could break the novice in the courtroom? They ignore people who anwser now, like the one case you mentioned, because they get so many defaults. I question whether they would be so quick decide to scrap the case if so many defaults were not awarded to them.

The decision I made was to hold off the same plans you described until my accounts that I could be sued on are another 5 to 10 years old. That would make them 15 to 20 years old and once I feel that no more collection action was forthcoming, no matter how pathetic or worthless the pursuers are, then I could pursue the idea of helping the masses. I swore off credit cards so I won't have to worry about any future problems with them.

I was thinking about pursuing a not for profit type thing, something that stressed "no legal advice" but just contacted people in the manner you described and informing them of the facts about JDB's. Perhaps also suggesting sites to look for, such as this one for advice. I think you would probably have to stop short of giving them templates personally, that might be construed as legal advice, but basic info can be shared and perhaps a donation could be asked of those who could afford it and who used the "wake up call" to prevent a default. The donation could be applied to expenses (gas money,etc) incurred in contacting people.

Again I love your idea as we have thought along the same lines, I did want to make some valid points though that I have thought about with regard to the idea.

[kittymamma]

I can see all my local cases right here online......as soon as the summons is delivered they put down the name and address of the 'victim'......I tried to call one but it was an unlisted number, so I thought I could just go thru and send a letter to each one and at least give them a heads up......my husband thinks being anonymous about it is the best way to go, I just give them a little information, tell them to get online and research, if they choose not to that is on them, I just want to at least try to help someone else. I personally detest J. Brandon Black, a man I have never met, and who is NOT going to get any richer off of me.....and anyone else I can help:lol:

I wouldnt have to bother nary a single clerk lol....tho I do think they are on our side, I didnt know I had to send money to file a motion....told ya I dont know much about this, I learn as I go...the clerk sent my motion back and wrote a personal note with it saying if I sent her four dollars she would file it for me......they have all been very friendly and helpful to me, and I really do believe my judge wants me to win, having only spoken to him on the phone during pre trial, he just went out of his way to explain everything to me, I felt like he was giving me a heads up that I had time to get things together to win.....just a feeling I had, but I believe it is true....I think they see so many defaults go thru that when someone actually fights back, they get a kick out of it and hope we beat the bad guy

[fightemdontfold]

Where I am you don't have access to the address unless you go to the court clerk's office, that is good that helping in your area will not involve you having to put the clerk's office to any trouble. Not that that is wrong, they are paid to do something right,lol?

I am very glad that in my county you don't have to pay to file anwsers or motions, I really am put off by the idea that other targets of the JDB's have to however, really unfair in my opinion and probably works to get the JDB a higher percentage of defaults than in areas where no money is required to file with the court.

I owuld caution you on a few things though. You said you didn't know you had to pay to file for a motion. You also mentioned that the judge told you everything, explained everything to you.

Before you try to help others you need to make sure you are all ready and set as far as going forward defending yourself. Don't want to get picky, but if your already gung-ho on helping others then you should have known that you had to pay to file. Make sure you have all your "i"s dotted and your "t"'s crossed before you try to help others.

Don't think the judge or the court personnel hold any favor for you just because they are nice, they are supposed to be unbiased and based on how you have described them, they probably are. Just because you are lucky enough not to have encountered a court that is biased toward the JDB's, don't think they will be on your side either just because they are pleasent.

I will say that it sounds like the people you have encountered are better than the average, when I was first sued I was a bit put off at the lack of feedback I got from the court personnel relative to how I was to go about responding. But you don't want their kindness to make it to where you don't do proper research on your defense efforts.

[kittymamma]

I know I dont know much, that is why I want to send them here to get help, I just want to give them a heads up that they can fight and not get a default, I learn a little something new every day reading here

[kittymamma]

Hi Angeline, welcome, I am new too but have been reading on here for months, this place and these wonderful people basically saved me from Midland, I am in the last stages (I hope) of my case with Midland......what are you facing? Is it a lawsuit from Midland? Tell us more about it:)

[legaleagle]

I think Angeline is a spammer. As for you, little devil that you are, we love this approach. I would suggest putting up a web site directing people to various resources. That will save you a lot of postage. Domains Names, Hosting, and SSL Certificates | directNIC This one is good, I use it. Free as long as they can put up one advertising banner, the URL is like 15 dollars per year. All you need is Microsoft Front Page and an FTP program.