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If it makes you happy, that's fine.

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Thank you for the update.

Did they have a contract you both signed agreed to?

I dont think i will negotiate but the 20 year thing and NJ courts not liking pro se from what i understand makes it scary.

So nice to have less stress isnt it!

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Well honestly the 20 year thing did make me rethink going in front of a judge..

I've been trying to fix my credit for a while now. And I had finally finished paying EVERYTHING off. Till this miserable thing popped in my life. I would've liked to just win all together but honestly when I weighed my options and risks and thought about how unbelievably hard I have been working to improve my credit score.. I just couldn't let my stubbornness win on this one. I figured.. Ok. Take the bullet. But if I was ganna take it then I was NOT going to pay the ridiculous amount that they were trying to collect. I was prepared to take a hit for up to $1500 if I had to. But once I got there I realized how much power in this negotiation I actually have and I low balled them even more. I questioned the bill of sale and all of that. I do wonder if I actually went to trial if the judge was ganna dismiss it in my favor. But with all the work I've done the past few years.. I just couldn't take the risk. And once I saw that it was actually reported on my credit report.. I knew that I needed something in writing to get it off my credit report. So..

Like I said.. I still wonder. But I guess at the end I made the decision that $900 was worth getting this over with.. My sanity and stress level and above all.. My credit score that I've worked so hard to fix and improve.

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Oh.. To answer your question.. They had the entire list of purchases.. Dates.. And charges and the bill of sale signed and stamped. I think the bill of sale could have definitely been questioned in trial. But the rest of the documents they had looked pretty legit. Now it's possible that they could have attained it another way but honestly I felt like they showed up with too much paperwork and details about the account that it was also possible that the judge was going to accept those as proof/evidence. I dunno! Maybe he would have. Maybe not. But I just thought at the end of the day.. If I can just remedy this now off record and still be ok, then that's what I should do.

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The mediator literally told me that I had all the power and I was using it very well.

Well the mediator was one for two on that one. They were defiantly right about who had all the power.

However, as stated above, if you're happy then around here I guess we call that somewhat of a victory. If your piece of mind was set at ease for about 1K then okay call it a victory and I'll hold my nose and give you a good job.

I don't think you're going to get a ton of the usual posts we see in "victory" threads over this one. You were dealing with Midland and they got you to cough up about 1K because they had a bunch of hearsay and empty threats they bullied you with.

Again, you seem happy and 1K is not life changing money for anybody so I'm glad you're happy and if you feel like you won then good job.

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they showed up with too much paperwork and details about the account

Is this "paperwork" they provided you in discovery?

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I'll hold my nose and give you a good job.

Johnny Carson used to refer to this as a "squatting ovation." I concur with Coltfan wholeheartedly, but whatever floats your boat. Wish I could get 900 bucks for something I paid 50 bucks for. Not our style to let Midland make money, but not everybody wants to go through the court process.

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Thanks guys. I know. Not exactly a victory. And like I said.. It's really about weighing your options. I just couldn't take the risk. There is a part of me that wonders if I could've won. Maybe I would have. But I just made the best decision I thought I could given my credit was at stake. But I agree with you. Not really a victory. But I think ok on the settlement. It still hurts to lose $900 on the rat bastards. But I did the best I could. One of my other accounts that I was paying off was with SST (HATE THEM!!!!) another collection effin company. I paid waaay more than they ever deserved too. But I guess over the years I learned that sometimes when you mess up when you're younger it comes back to haunt you BIG time. I've been my own guardian and living alone since I was 16 yrs old. When I had no money.. I charged it on a credit card. And then when times got tough.. I just ignored everything. As I grew older and finally started making a career for myself I started fixing and paying off everything. By then all those counts were charging me WAY more than my original balance. But that's what happens when you let accounts rot for years. Interest on top of late fees.. On top of interest. It SUCKED royally! To pay more and more. But I just learned and accepted that that's what you have to do in order to fix your credit. It's a hefty price to pay. BELIEVE ME! I know! But I wanna be able to buy a house one day. And I have to say.. Not having to make any payments to anyone right now is just plain awesome. That money is now getting saved.

Anyway.. I totally agree. Not a victory lol. But thank you for the good job :)

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Mine is in 2 weeks or so. I stopped in the clerks office today and straitened things out. I wanted to put a face to me, I assume being nice to the clerks definitely doesn't hurt, makes me more then a number.

I would not be scared except that I read midland pretty much owns nj courts.

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Honestly that's part of the reason why I made the decision I did too. The lawyers freaking knew EVERYONE! And everyone was talking about how this judge really "loves" most likely more like "prefers" for cases to settle in mediation. Obviously.. Why wouldn't he..

But I just sat there watching all the lawyers having a freaking ball with all the people working in court. There was another midland funding case that left about an hour before me. And just like with me I saw the mediator come back to the court room with a settlement document drawn out for midland's attorney and the defendant.

Honestly though Skotm if you feel like you have a strong case and don't want to nogatiate then definitely take them in front of a judge. I dunno what kind of papers they've supplied you. But if they're all crap then you should fight them on it. Don't be scared. I'm sure you'll do great. You sound like you're even more prepared than I was. So I think you'll do great :)

Just do what feels right for you.

I did what felt right for me. So.. :)

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Skotm,

All their papers were 100% correct and accurate. They correctly reflected a correct balance and it was obvious the credit card statements were not forged. In fact I admitted this on the record when the trial started (a stipulation).

However, I would not admit the junk debt buyer owned the account (standing). I won in about five minutes. Make sure you don't focus so much on all their paperwork, but the fact is, can that paperwork talk. The answer is obviously no.

So unless they have somebody from the original creditor, NOT MIDLAND, but the original creditor to confirm they sold the account to Midland, a mountain of paperwork is useless. As you can see from this thread and others, that is exactly what Midland focuses on, all the so called documentation they have.

They throw all that paperwork at somebody for intimidation purposes and then try to focus on the question of "are you really questioning these are not your records" and throwing the focus off the fact that who cares if they are my records, I never did business with you, prove you now own the rights to this account, without some piece of paper anybody can write.

You don't challenge their records necessiarly, you can but you challege their standing. That way they are left with beautiful and 100% accurate records, but no way to prove they own the right to collect what those records say.

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Colt fan I see what you are saying. They have a piece if paper that says accounts were sold, it has no reference to me, this evidence is hearsay without a proper witness. Without this paper in evidence no sale of accounts happened.

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::BigGun::

Colt fan I see what you are saying. They have a piece if paper that says accounts were sold, it has no reference to me, this evidence is hearsay without a proper witness. Without this paper in evidence no sale of accounts happened.

::BigGun::

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I am currently being sued for an old credit card debt by Midland Funding in Arizona. I filed my answer and requests for admission/interrogatories and production of documents. The Pre-trial Conference was set a month in advance, I showed up on time, waited, and waited, the Judge and I basically sat there staring at one another and at one point he went to chambers, he came back, still no attorney for Midland Funding via phone or in-person. I filed an immediate motion to dismiss the case and 3 weeks later I just received Midland's response, their excuse for not attending the pre-trial conference?

They "miscalendered" the date and the response goes into an almost bizarre treatise on how on-the-ball they are about keeping track of legal appointments but for whatever reason it just didn't happen this time.

If that isn't one of the lamest excuses I've ever heard, then I don't know what is. They might as well have said that the dog ate their documents.

The actual text reads

COMES NOW, Plaintiff, Midland Funding LLC and by through counsel, and moves this Coutry to deny the Defendant's Motion to Dismiss because of Plaintiff's failure to appear for the most recent Pretrial Conference based on the grounds that the Plaintiff's counsel inadvertently miscalenderedthe Pretrial Conference.

If I had been the one who committed this error, they'd be pushing hard for MSJ and rightly so.

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If you hadn't shown - they would have moved for judgment immediately. Did the judge rule on your motion to dismiss?

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