tangle

I DID IT! I did it! I did it!!!!!!!!!!

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I just got back from court and I DEFEATED Midland's motion for MSJ!!!!! I didn't even have to say a word. First off I need to hug and kiss and THANK BV80, Legaleagle, Coltfan, and usctrojanalum and everyone else on this forum. This wouldn't have happened without you all. I will be back later to update. :D

Edited by tangle

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So here's how court went this morning. We were waiting in the court room and I was looking around trying to figure out which was the plaintiff's lawyer. Just before the judge came in a lawyer came in and sat a few seats down from us and I could see the law firms name on the folder he had. The judge came in and and called through the list to see who was there. He called our case and we both stood up. The lawyer sat back down and pulled out the papers and started reading them. I was watching him and when he got to my opposition I could see his expression start to sink. He looked mad. When we were called up the judge asked our names and he tried joked with the judge how he was there for the law firm for a couple days of cases. One of the things I had brought up in opposition was the fact that the signature on the affiants affadavit was different from ones I had found online from other cases for the same person. They were obviously different. I had attached them. He proceeded to tell the judge he didn't think the signatures were too different and then he went on to say that I never questioned whether the account was mine or not. Then the judge went on to say that it was the plaintiff's job to prove that and that there was no way for me to know and make that assumption because there was too much missing in their evidence. He then took out some papers and he had made a bench decision before court and handed us his decision to not grant their MSJ. He then asked if a conference would help and I said only if he has a signed contract. The judge smiled and said OK. The lawyer flew out of the courtroom and I smiled my way out also. I didn't have to say a word. I'm not sure what happens now because this judge said that if any of today's case had issue that the trial would be in 2 weeks.

Thank you again to all that have helped me through this:)

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This is so freakin awesome Tangle,

HORRAY !!! I so happy for you.

I have one coming down the pipe from Midland next month

maybe you can help me out with mine and we can compare notes!

People on this board are great!

Hi BV80 - your awesome too wouldn't be able to do this without them !!!

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Congratulations! Good job! Doesn't it feel great to stand up for yourself?

::band::Another JDB bites the dust!

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Tangle, can I ask you a question?

The signature I have on my affidavit is different than another one I have found online signed by the same person.

My questoin is this, did you submit this other affidavit with your defenses to the court and the plaintiff?

I have a thread going on here with kind of the same situation. I have till next Friday to file my answer and defenses and am working on them this weekend and plan on filing on Monday.

Sorry for hijacking your thread, but any info would be great. Thank you.

BTW Congratulations!!! Fricken awesome

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I'm not sure what happens now.
:)++ me, me, me, I know this one.

The attorney gets mad all over again and then tells you how lucky you are that he is so busy or he would have nailed your game playing a$$ to the wall. Then he unleashes his flashy bright yellow spray paint can, and paints a perfectly fine tuned yellow streak right down his back.

Then he throws up the white flag and does what Midland does best when challenged, dismisses the case, goes coward on you and tucks tail and heads for the hills. ::BigGun::

Wanna have some more fun and really send the attorney into an absolute epic meltdown mode? Bust out the salt shaker, get that wound really exposed, and then tell him you don't dispute the account, just to help him out since he found that fact so important, but you dispute his client owns that debt you don't dispute.

Then................ 5,4,3,2,1, :trainwreck:::travolta::

Edited by Coltfan1972

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It does feel great but this wasn't something I talked to anyone but my husband about so I've had to contain my excitement and I just want to shout it to the world. I beat a law firm at their own game. Everything you guys have been saying works. I've been such a nervous mess over this for over a year. This site and all the wonderful helpers is what got me through this. I didn't post much but read and read so I could understand as much as possible I didn't do everything perfectly either. In hind sight, I now know what I could have done better from the beginning. Thanks again!

I'm still a little on edge though until I see the dismissal.

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I didn't post much but read and read so I could understand as much as possible.

If more would do like you just did and not just immediately post and say they have a unique situation, which is anything from unique, then run off when they don't get spoon fed the answers in two minutes, there would be a ton more victory threads like this one.

Most don't want to do any work. They want to immediately have others, that won't be standing next to them in court, do everything for them. Then complain we are full of it when they lose in court.

I didn't do everything perfectly either. In hind sight, I now know what I could have done better from the beginning.

I'm sure the thousands every month that lose would trade you in a heartbeat for your "non-perfect" way of fighting them. ;) Something tells me not being perfect on this one will something you won't find hard to live with.

The United States did not do everything perfect in their search for Bin Laden. However, he's dead with his brains splattered all over the wall of that coward compound where he was hiding out and coloring the grey out of his beard.

We've now also learned from our mistakes. Now anytime one of these clowns comes on TV to announce the impending doom to the U.S.A. we just blow them off the face of the earth and feed them to the sharks before they even get finished with the interview.

Edited by Coltfan1972

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Awesome job, to add to Coltfan's response, we need not to be perfect, just consistent, this is what you did absolutely right.

Congrats !:BigDance:

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Good for you to stick it out. I'm sure in the beginning you had many sleepless nights about this.

::rockon::

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Congratulations! :)

May their folded tent remain so.

If more would do like you just did and not just immediately post and say they have a unique situation, which is anything from unique, then run off when they don't get spoon fed the answers in two minutes, there would be a ton more victory threads like this one.

Most don't want to do any work. They want to immediately have others, that won't be standing next to them in court, do everything for them. Then complain we are full of it when they lose in court.

...

Hard work is often rewarded in court. Anyone unwilling to do the necessary work must have some strange ideas as to why they don't deserve to lose regardless of which side they are on. Those that hustle will properly step over all the lazy roadkill on their path to victory. :smile:

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The JDB lawyers are used to going up against no one and getting a default. When people do contest they try to bully them when they are not in front of the judge and very often when you and the JDB's lawyer is in front of the judge it is their lawyer who is made to look like an unprofessional twit. They are sent there by the JDB's with the BS paperwork (name, account number, alleged amount owed, and not much else) and they are then left having to basically save face. There are some instances I have read where the sitting judge (usually in smaller jurisdictions) will kinda double team and bully the pro se but that is nothing someone who knows their rights can't stand up against.

Most judges won't give them any unjust leeway though. I witnessed one case where the guy who was sued who showed up to anwser the summons was certainly not perfect in his response, he hadn't even done any research or anything (I talked to him later and suggested this site). He claimed in the court that the debt was his ex-wife's (he didn't even deny the debt as you are supposed to do in the anwser,etc) and when the judge asked the JDB lawyer for proof to justify the MSJ she had nothing. I remember the defendant saying in court "I don't even know who LVNV funding is" and you won't believe what the judge said, "no one knows who LVNV funding is"...lol

So much of it is just showing up and not ignoring it - with the rate of defaults that the JDB's (90%) get they just don't see it as worth it to contest a person who is willing to fight them - especially if you know what you are doing (properly anwser, drown them in discovery paperwork,etc)..

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