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Midland's lame "Bill of Sale"


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If Midland is using a "signature copy" of a BILL OF SALE to prove it legally purchased accounts to verify it can lawfully collect on a assigned debt in court, yet it looks like something your second grader put together and signed in his grade school computer lab - without affidavit, witness validation or notary signature, can I file a motion to dismiss prior to answering Midland's requests for admission, interrogatories and requests for documents?

I have already been to court for this alleged account, which was dismissed when Midland could not provide documentation after six months of waiting. The case has now been reopened with very shoddy alleged customer account spreadsheets and an attached three page generic court EXHIBIT "Bill of Sales" from Dell, which originated from CI?

Given the former lack of documentation and the ridiculous paperwork that Midland is attempting to use for validation, am I required to jump through all of there intrusive requests for info (their own fishing expedition for SOMETHING to hang this account up0on.) Or, can I ask the judge for a summary dismissal stating that even up to today, I do not believe Midland's paperwork to be legitimate?

Thanks for your input. Especially if it's you Trueq... :mrgreen:

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You can obviously file whatever you want, but a motion to dismiss is used early for a defect in the pleading or something like statute of limitations.

You can move for summary judgement which is pretty much a motion to dismiss by another name.

Or you could hold the courthouse door open for them, pull their chair out for them, get them a cup of coffee and make sure they are comfortable in the courtroom. Then you can sit back and let them try to prove their case. When they can't you can be done with it by res judicta (double jeopardy).

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Thanks Coltfan. I know that once I get to court, I have a good chance of proving Midland has no legal standing to collect - it's documentation is (notoriously) electronic, generic and appears to contain false signatures of the Midland Funding and Dell Financial Presidents themselves. (Yet no affidavit or notary about it's authenticity?)

If Midland is under other state department scrutiny and has been indicted for a wide pattern of BILL OF SALE fraud - I was wondering if I could utilize that info, pair it with an objection to Midland utilizing it to pursue this case (twice) with motion for summary judgement or motion to dismiss? Or should I suck it up, keep my answers short and sweet and wait to ponce regarding their standing at trial? I notice that greasy little attys are sent to court daily for Midland's marathon sessions of default judgements. But when it comes to trial time, they send the 'elders' in. I think after I hold open the court doors and offer them a seat, I'll follow with a complimentary script for Ambien, because I have no idea how they sleep - doing this for a living...:shock:

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