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My second case with Midland

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Okay, so I won my first case with Midland as the affiant did not show up and the case was dismissed (I have a separate thread on that)

Today I recived a reponse to my RFP's....I got a bit nervous when I saw that they included a signed application...only it was dated 2008, and the account began in 2000....after a second review of the docs, I realized this was for the case that was just dismissed.

I did also receive a response to my CCP 96 for my second case....No response to my RFP's yet though....since I have never seen a response yet, I am wondering if mine is standard. It stated:

1. Affidavit in Lieu Testimony, etc....(and it was typed that way)

2. Notice of New Ownership and Pre-Legal Review from MCM, etc.

3. Final bill statement dated 9.26.11, etc.

4. Billing Statements dated 4.26.10 to 9.26.11, etc.

5. A Bill of Sale transferring defendant' account, etc.

6. Affidavid singed by Martin Lavergne for Chase Bank, etc.

7. Data printed by MCM, Inc. from electronic records rovided by Chase pursuant to the Bill of Sale/Assingment of Accounts dated 10.12.11 in connection with the sale of accounts from Chase to Midland

8. Copy of Defendant Michael XXXXX's answer filed on 5.7.12 (THAT IS NOT ME)

9. Plaintiff's Discovery Requests

10. Testimony of (Me)

Plaintiff reserves the right to introduce rebuttal evidence that may not be included herein should it become neccessary to refute evidence or testimony presented by Defendant.

Is this their normal response to a CCP 96...I couldn't find another one posted and I never got a response to one on my first case...I would assume that it is because they didn't have my name correct in #8.

My biggest concern is #10.?

Should I be objecting to anything or filing any motions, MIL, etc.?

Thanks so much for all the continued support! I have 3 cases in 5 weeks...down one and two to go...Whew!

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I saw your thread about your 2nd win. Congrats, you're on a roll. So I'm guessing the lawsuit above is your last one. I just wanted to share my MF CCP 96 response because it is very similar to yours.

1. Affidavit in Lieu of Testimony pursuant to CCP 98 signed by A. L.

2. Notice of New Ownership and Pre-Legal Review from MCM...

3. Final billing statement dated...

4. Billing Statements dated...

5. A Bill of Sale transferring defendant' account...

6. Data printed by MCM, Inc. from electronic records provided by Chase...

7. Copy of Defendant answer

8. Plaintiff's Discovery Requests

9. Defendant's Responses to Plaintiff's Discovery

10. Testimony of (Me)

"Plaintiff reserves the right to introduce rebuttal evidence that may not be included herein should it become neccessary to refute evidence or testimony presented by Defendant."

As for #10, this is what Calawyer said to me.

Right. Plus, if the witness doesn't show up at all, they do not have a case to put on. YOU are not going to be able to authenticate all necessary documents. For example, they can't prove assignment through you.

I went the route of subpoening the witness and she was not at the address and then I filed a MIL to exclude the affidavit, among other things. I found out they dismissed yesterday. Plus, I was ready to dispute everything at trial.

Good Luck. Hope you have a 3peat victory.

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If you make this all about standing. They are never going to get to the point where you are a witness. For instance, they say that they have a bill of sale, I will bet it does not list your account. Data printed by MCM from electronic records provided by chase, too bad they do not list a witness from chase to authenticate the records. etc.

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If if they threw you on the stand and somehow tried to get you to concede they have standing, that's impossible. All you are doing is looking at the same hearsay they are looking at.

Everyone of their questions they would ask you about their standing would be met with "Objection, calls for a legal conclusion" And yes, if you're pro se and on the stand you can still object.

This is not going to ever happen but even if they tried it, it would not work.

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