kittymamma Posted March 26, 2012 Report Share Posted March 26, 2012 Just checked my credit report....Midland is GONE!!!! The entire entry disappeared....does this mean I WON??? Woo Hoo, their lil attorney has not replied to my latest summary judgment reply......nothing new on my docket since I blasted them with some of Coltfans ammo lol time will tell!!!And today I sent out my first stack of fliers directing people sued by Midland in my county to come to this board....again time will tell.....also putting these fliers up around town, just hoping it will do some good....fingers crossedxangelx Link to comment Share on other sites More sharing options...
NeverServed Posted March 26, 2012 Report Share Posted March 26, 2012 does happy dance for kitty ! YEAH! im hoping they slithered into their hole! I got my DV request from them today. To say the least it is more detailed then I expected. But doing the happy dance it coinciedes with my cr and last payment was 1/06 so they are Shiat out of luck here!xdancex8-) Link to comment Share on other sites More sharing options...
kittymamma Posted March 26, 2012 Author Report Share Posted March 26, 2012 does happy dance for kitty ! YEAH! im hoping they slithered into their hole! I got my DV request from them today. To say the least it is more detailed then I expected. But doing the happy dance it coinciedes with my cr and last payment was 1/06 so they are Shiat out of luck here!xdancex8-)thanks, not sure if this means I won yet but i am extremely hopeful!!!! Slithered, yup that describes them perfectly...dont worry, I kinda freaked too when I got my dv and discovery stuff from them....but it led to nothing, it looks scarey but it is all basically bs unless they wanna fly in a witness from the OC to testify to its authenticity...keep fighting, I am here for you if you need to talk.... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 26, 2012 Report Share Posted March 26, 2012 I blasted them with some of Coltfans ammo And Midland tucks tail and runs......AGAIN !! :'>Guess fighting you would just be infeasible. Have you won? I'd like to take more credit, but you won the second that moron attorney wrote in her papers to the court, it was infeasible to prove exact ownership of your account because Midland buys in bulk. Don't let them off this easy, pour salt in the wound. Call the court and get oral arguments scheduled for their motion and your cross motion. Make them actually dismiss officially on the record or show up to court and argue their infeasibility to a judge. Pray they have temporary insanity and choose to bring that argument to court. Then sit back with a cold one and watch the... Link to comment Share on other sites More sharing options...
nobk4me Posted March 26, 2012 Report Share Posted March 26, 2012 What's on your credit report and what happens in court are two different things.Keep the pressure on in the court case. Link to comment Share on other sites More sharing options...
kittymamma Posted March 26, 2012 Author Report Share Posted March 26, 2012 What's on your credit report and what happens in court are two different things.Keep the pressure on in the court case.Well I filed msj against them before they could file against me, they opposed, attorney said it was infeasible for the bill of sale to have individual names and accounts on it....that is when I replied and really let them have it with Coltfans help, and since then nothing......and now I check my credit report and Midland is gone....if they were still planning on fighting me on this I would think they wouldnt have removed their entry from my credit report or no?Coltfan, what should I do now? Wait to hear from the court if the Judge ruled in my favor on the MSJ? How would I ask for oral arguments at this point?? oh I WISH I could let you go for me, I know what absolute FUN you would have with this:lol: Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 26, 2012 Report Share Posted March 26, 2012 What should you do now? I'm really not kidding. Call the court and get this thing set for oral arguments. Then watch this all disappear. It is true credit reporting and court are totally independant. However, your seeing the first signs of surrender. You've got to keep chokeing the life out of them and continue with a full all out assault. They gave you the best gift ever with that moronic argument. Now call their bluff and make the walk in a court with it. Link to comment Share on other sites More sharing options...
kittymamma Posted March 26, 2012 Author Report Share Posted March 26, 2012 What should you do now? I'm really not kidding. Call the court and get this thing set for oral arguments. Then watch this all disappear. It is true credit reporting and court are totally independant. However, your seeing the first signs of surrender. You've got to keep chokeing the life out of them and continue with a full all out assault. They gave you the best gift ever with that moronic argument. Now call their bluff and make the walk in a court with it.Ok you know you are dealing with a dim wit here lol BUT can I do that? Call the court and demand oral arguments? What if they dont answer my reply to their opposition, which I dont think she is going to do? Wont the Judge just grant me my MSJ and this is over? Sorry to seem so dim but this is all new to me, not sure how each step goes, I thought this would mean I beat them? No?? Do they still drag it out from this point? Link to comment Share on other sites More sharing options...
usagi555 Posted March 26, 2012 Report Share Posted March 26, 2012 Ok you know you are dealing with a dim wit here lol BUT can I do that? Call the court and demand oral arguments? What if they dont answer my reply to their opposition, which I dont think she is going to do? Wont the Judge just grant me my MSJ and this is over? Sorry to seem so dim but this is all new to me, not sure how each step goes, I thought this would mean I beat them? No?? Do they still drag it out from this point?What if they do reply and there is a deadline for requesting oral arguments? Don't worry about their procedural mistakes (especially potential ones) and you go trucking on like they're going to do everything right. If, in terms of procedure, they do what they should if they really want to win, you're covered and you get to brag how you whipped their butts outright. If they don't, you get to brag how you won by default. Link to comment Share on other sites More sharing options...
nobk4me Posted March 26, 2012 Report Share Posted March 26, 2012 It ain't over til the fat lady sings . . . and, when you are sued, that means the plaintiff dismisses the case, or the judge does, or the judge rules for the defendant.If you file a MSJ, and the opposition doesn't answer, you should win by default. But, you can't count on the courts to be fair in these cases.When did you file the motion? The court will wait for any responses to come in before ruling. Link to comment Share on other sites More sharing options...
kittymamma Posted March 26, 2012 Author Report Share Posted March 26, 2012 It ain't over til the fat lady sings . . . and, when you are sued, that means the plaintiff dismisses the case, or the judge does, or the judge rules for the defendant.If you file a MSJ, and the opposition doesn't answer, you should win by default. But, you can't count on the courts to be fair in these cases.When did you file the motion? The court will wait for any responses to come in before ruling.I filed a while back, hit them with lack of standing, they opposed blah blah blah then I replied and hit them hard (with help from this board) and since then I havent heard another word, not from Midland, not from the court....nothing until I checked my credit report and their entry totally vanished!!! The last entry on my docket is my reply to their opposition. So if they dont reply to my reply (my this could get confusing lol) wouldnt I win? Just dont know how this all plays out.......I can call the court and ask for oral arguments, what if Midland doesnt want to do that? Can they dismiss even if I am beating them with an msj? I WOULD rather beat them than have them dismiss but afraid I would trip all over my tongue in court Link to comment Share on other sites More sharing options...
kittymamma Posted March 26, 2012 Author Report Share Posted March 26, 2012 What if they do reply and there is a deadline for requesting oral arguments? Don't worry about their procedural mistakes (especially potential ones) and you go trucking on like they're going to do everything right. If, in terms of procedure, they do what they should if they really want to win, you're covered and you get to brag how you whipped their butts outright. If they don't, you get to brag how you won by default.Ok so I call the court and ask for oral arguments, or can I write to them and ask? Is there a special form or motion I would need to do this? I am pretty sure my lil Midland attorney doesnt want to argue her own stupidity.....so then I would have them beat right? I will look into it tomorrow if everyone thinks I should do this...... Link to comment Share on other sites More sharing options...
nobk4me Posted March 26, 2012 Report Share Posted March 26, 2012 Does you court have any local rules (which may be posted on the court's website)?I would suggest calling the clerk. Link to comment Share on other sites More sharing options...
kittymamma Posted March 26, 2012 Author Report Share Posted March 26, 2012 Does you court have any local rules (which may be posted on the court's website)?I would suggest calling the clerk.I will call the clerk tomorrow and ask...they have been very helpful to me along the way....see what they suggest on how I go about this!!! Thanks to everyone who has been here to guide me on this treacherous journey:D Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 26, 2012 Report Share Posted March 26, 2012 Your winning right now. Actually you're kicking their a$$. However, you need to keep it going. When you ask for oral arguments you do several things. You cost them time and money (GREAT), you get the opportunity to answer questions the judge might have, make arguments, or explain a position. In other words there is going to be no misunderstanding, even if you lose, you will at least be there to hear why you lost. Most importantley, you get the sheer joy of watching them lose. You don't let them hide behind their pleadings. What they will want to happen is the judge rule on the pleadings. That saves them time, money, and potential embarrasment. I asked for oral arguments on everything, not most everything but everything thing. Even a motion to compel a single interrogatory. They had to sit in court for an hour for a three minute hearing. Some of the most angry I ever saw the other side were after hearings, to the point they looked scary upset, like psycho. One time the lady stomped down the hall so loud people were turning to look. The time the judge apologized to them for ruling everything in my favor but he understood they were just playing the hand they were dealt and sent to court with was, AWESOME after court. So if your like me and enjoy the sport of it, you want oral arguments. You also learn a ton sitting there. It's free law school. However, while it looks like their ship is sinking, this is not the time to sit back. Keep firing away and help sink their ship. Blow another hole in their boat and help them become dinner for the sharks that much quicker. Take the Michael Jordan approach. Don't just win, tear their heart and soul out and let them remember not that they just lost, but they were destroyed and if they ever want to try you again, it will be met with the same results, total defeat !!! It's called BOHICA in the military. Link to comment Share on other sites More sharing options...
kittymamma Posted March 26, 2012 Author Report Share Posted March 26, 2012 Okey dokey Coltfan, I trust you, tomorrow I ask for oral arguments, and we take it from there!! A little payback for them interferring in MY LIFE is in orderr no?? Link to comment Share on other sites More sharing options...
kittymamma Posted March 27, 2012 Author Report Share Posted March 27, 2012 MotionsRULE 4MOTIONS4.1 Motions shall be submitted and determined upon the motion and a brief memorandum. Unless an extension of time is granted for good cause shown, any memorandum in opposition to a motion, or a co-party’s memorandum in support of the motion, shall be filed within 14 days of the filing of the motion. The movant shall file any reply memorandum within 7 days of the filing of the last memorandum in opposition. Counsel shall deliver to the assigned judge a file stamped copy of the motion, reply or additional memoranda. Motions may be set for an oral hearing on the court’s motion or on any party’s written motion with consent of the court. This Rule shall not apply to motions filed under Ohio Civil Rules 22, 23, 24, 55, 56 and 65.4.2 A response to a motion for summary judgment must be filed within 14 days of service, unless extended by court order. The movant shall serve and file any reply brief within 7 days of the service of the brief in opposition, but shall be limited to responding to issues raised in the brief in opposition. The court may grant leave for an oral hearing upon the Court’s own motion or upon a written application filed with the motion or filed with any responsive pleading.4.3 Upon filing any motion, counsel shall file a certificate of readiness with the Assignment Office stating whether leave of court has been obtained for oral argument. If no leave for oral argument has been obtained, the case shall be set upon the court’s docket for “submission on the pleadings” at the expiration of the time allowed by civil rule for opposition and reply briefs. If motions for summary judgment, or other dispositive motions, are filed by multiple parties in succession, counsel filing the later motion shall reset the submission date to conform to time limitations for opposition and reply briefs of the later motion. (These are my courts rules) Link to comment Share on other sites More sharing options...
usagi555 Posted March 27, 2012 Report Share Posted March 27, 2012 Okey dokey Coltfan, I trust you, tomorrow I ask for oral arguments, and we take it from there!! A little payback for them interferring in MY LIFE is in orderr no??I'm sure you've heard "I don't get mad, I get even." Well, I don't get even. I teach lessons. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 27, 2012 Report Share Posted March 27, 2012 I'm sure you've heard "I don't get mad, I get even." Well, I don't get even. I teach lessons.Exactly, winning is a given with this insane argument Midland makes. There is no way in this entire world that I'm not dragging an attorney to the courthouse that actually pleads to the court it's not feasable to prove their standing, because they buy in such bulk. I'm sending a freaking limo to the law firm and hiring armed security guards to make sure they get to the courtroom with no problems and on time. They are going to have to be humiliated by not even arguing their postion and having to unilaterally dismiss the case, or get humiliated by making their "not feasable argument to the court." Either way they are paying for the insult to my intelligence by making such a jackassery argument. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 27, 2012 Report Share Posted March 27, 2012 Motions may be set for an oral hearing on the court’s motion or on any party’s written motion with consent of the court.Well there you go. Looks like you need to ask in writing. I was able to just call the court, but all courts are different. Don't do it on account of me. I'm not even going to get to experience the hearing. They are going to be demolished either way, I'd just make them pay and "send a message." Link to comment Share on other sites More sharing options...
poppet24 Posted March 27, 2012 Report Share Posted March 27, 2012 jackassery I love it! That maybe my new favorite word! Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 27, 2012 Report Share Posted March 27, 2012 Okey dokey Coltfan, I trust you, tomorrow I ask for oral arguments, and we take it from there!! A little payback for them interferring in MY LIFE is in orderr no??Send the atty the link to this thread. Tell her thanks for the entertainment. In other words, goad her into the courtroom, don't give her a choice. Man this is more fun than the JDB arguing in a motion that the FDCPA did not apply to them, because they are now the original creditor since they bought the account and step into the shoes of the original creditor. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 27, 2012 Report Share Posted March 27, 2012 I love it! That maybe my new favorite word! It's by far advanced legal jargon only reserved for the most frivilous and insane arguments. It's only proper to use in very limited legal cases. This is a case where no other legal term quite describes the true stupidity. This is one of those rare cases, where the legal term is just and proper. Link to comment Share on other sites More sharing options...
kittymamma Posted March 27, 2012 Author Report Share Posted March 27, 2012 I love it! That maybe my new favorite word! Coltfan has also delighted us with the word buffoonery lol...I love this board, amidst the struggle foisted upon us by these JDBs, we can sit back and have a good laugh at their expense Link to comment Share on other sites More sharing options...
kittymamma Posted March 27, 2012 Author Report Share Posted March 27, 2012 It's by far advanced legal jargon only reserved for the most frivilous and insane arguments. It's only proper to use in very limited legal cases. This is a case where no other legal term quite describes the true stupidity. This is one of those rare cases, where the legal term is just and proper.:ROFLMAO2::ROFLMAO2::ROFLMAO2::ROFLMAO2: Link to comment Share on other sites More sharing options...
Recommended Posts