How I beat Midland in California

[ASTMedic]

The part about each side to bear their own costs hurts. This means cannot recover costs. I would submit a memorandum of costs anyway unless you had a fee waiver. If you did then you have to bear the service fees and everything.

a little sting ouch.

Good news no statement of decision means no reason to appeal.

Great Job.

Ya Calawyer and I were talking about the "bear their own costs". He said submit anyway too.

[Themis]

Let me know if you need help

Thank you so much, I certainly will

And congratulations again! You really should be proud of your accomplishment!

Pro pers and don't know this. So I say do what you can object and if the judge says you can't object then ask how we can object .

Interesting... I had no idea. So how do they expect Pro Pers to defend themselves?

[ASTMedic]

Thank you so much, I certainly will

And congratulations again! You really should be proud of your accomplishment!

Interesting... I had no idea. So how do they expect Pro Pers to defend themselves?

Thanks

It's funny this was what I was most worried about after the case was over. We never really argued the case. No back and forth of what they say is evidence and I object to. Now after looking back I guess there was no evidence to discuss. The MIL just flat killed their case before it ever got started.

Edited October 21, 2012 by ASTMedic

[Seadragon]

laugh about how david slew goliath and then he was all what next? Maybe another judge said lets se what assinine questions this guy asks and see how the pro per handles him.

Then you cleaned their clocks.

So going forward I think a case can be made for serious violations of rosenthal for harrassment, Misrepresenting the carachter or nature of a debt, and such. Think about it, you an probably push them to settlement.

[ASTMedic]

So going forward I think a case can be made for serious violations of rosenthal for harrassment, Misrepresenting the carachter or nature of a debt, and such. Think about it, you an probably push them to settlement.

Really? What are you seeing as a violation? I looked through the code and must have missed it. Are you thinking the falsified CCP 98 address?

[Seadragon]

The whole action has been harrassing. They have misstated their case as theywere not assigned a validated account.

They have slandered you credit wise and I bet if you checked your credit report they haven't even listed it as disputed. So you have causes of action for slander, misrepresenting the character or nature of a debt, Interference with economic advantage, harrassment under color of authority, disclosure of private information to unathorized third parties, and Loss of consortium(you could have used that time to make a baby and further tax deductions)

also You can use the "settlement" talks against them because it counts as a CCP998 oral settlement agreement and thus you can recover on that for everything.

So you have been abused by them now make them pay. No res judica for that. You really need an attorney for this Or Coltfan whichever seems the better option.

[ASTMedic]

So you have been abused by them now make them pay. No res judica for that. You really need an attorney for this Or Coltfan whichever seems the better option.

Can I go with the Coltfan option? I think he's far more intimidating than any lawyer.

and Loss of consortium(you could have used that time to make a baby and further tax deductions)

Hey now!!!!!! You have no faith in my ability to multi task........................ the wife's due in 7 weeks.

All joking aside I want to go after them. A little extra cash and giving them a good kick in the nuts would be nice but I have no idea where to start.

Edited October 21, 2012 by ASTMedic

[ASTMedic]

I added a link to my CCP 98 for those that would like to see it. It's in the first post

[ASTMedic]

Any chance of getting this made into a sticky to save people the search time?

[1stStep]

File a MC010 form

[ASTMedic]

Bump since I got a few PM's asking questions I answered in here and the docs.

[bohey]

ASTMedic,

Will you send a copy of your trial brief? Seadragon recommended it since I am in CA too and my deadline for mail is today.

Yikes!

Thanks!

bohey

So if you're just reading this forum for the first time because you Googled "Midland Funding Summons" like I did 9 months ago I'm sure you're freaking out that someone showed up and handed you a summons. Your mind is spinning with all the options you feel you have at this point (and I know first hand that those options seem crappy) but the very last one on your list is "Fight these *expletives*". I'm sure it is the VERY last thing you think you could ever do and even being successful is a long shot at best. Well YOU'RE WRONG!!!!!! It's not as hard as you might think and the odds of you winning when going to court with a JDB (junk debt buyer) are more in you're favor than theirs 90% of the time. They are unwilling to buy the evidence they need to win and have to get someone to vouch for the docs they want to use anyway.

I am a 33 year old high school grad and work as a Paramedic for the past 12 years. I have a year of college education before becoming a medic so that gives you an idea of where I started my journey on this forum. I have been to the court house, not court before a judge, all of about 2-3 times in my life before this, and most of those were for traffic infractions. I have NEVER been in a courtroom and I was, to put it lightly, inexperienced in the area of law.

So along came this forum and the people that are on here. These people are AMAZING and taught me how to fight my case. Now if you're here to have someone do all this for you then you need to reevaluate your intentions. YOU and only YOU can fight your case unless you hire a lawyer. So you need to understand everything about your case so you can defend yourself if your case makes it to court.

Read this thread by Coltfan. Really helps us understand standing since it's the key to a JDB case, or any court case. This is how you take apart the JDB's case.

Two days ago I had court and today I found out I won my case. Here are the docs that I used while fighting Midland. These docs are for your reference and are not legal advice. You need to understand how they apply to your case and what is contained in them in the event you have to articulate a point to a judge. This case was in California and as such case law applies to Cali. Study your local court laws to find due dates for motions and other items. Please read around this forum since your case may not fit mine and other options might be better suited.

I used a general denial since the content of the complaint wasn't verified. This, in my opinion, gives the JDB very little to grab hold of if you were to use the wrong affirmative defenses. KISS method, you know. I tried to play as stupid as possible to keep from tipping my hand that I was building my army. Just remember do you really want to ask for docs that will only help build their case against you??

All docs you send to the plaintiff need to have a proof of service attached and signed by someone that isn't a party to the case. Send everything Certified Mail Return Receipt Requested (CMRRR) so you have proof they got it.

I got my summons and answered the complaint with the general denial.

I sent my Request for Docs to start my discovery:

My Request for Production of Docs

They sent me RFA, ROGS and Doc request and I responded:

Response to Plaintiff's Request for Admissions

Response to Plaintiff's Request for Docs

Response to ROGS

They responded to my Request for Docs with junk. Junk that most seem to get in their discovery. At this point I had a choice since most JDB's will respond with as little as possible (since that's all they have). You can either send a Meet and Confer and if they don't respond then file a Motion to Compel. But again do you want to tell them you know their docs won't win in court?????

I was in the process of prepping a MTC and opted to just keep my mouth shut and drill them at the last second when they didn't have much time to work with.

Here is the MTC and separate statement but I never used them.

So next was our Case Management Conference (CMC). The CMC is VERY basic and nothing to stress about (but you still will, I did). You will just be asked if things are going as planned and if anything need s to be ironed out. Be sure to file a CMC Statement prior to your CMC.

After this I opted to go the route of being silent and vanished like a fart in the wind until 45 days before court. This time was a total of 4 months since the rent a lawyer that they hired for the CMC pushed to have the trial moved as far out as they could. I think this was an attempt to get me to forget trial was coming up and not send the next batch of paperwork on time. Didn't work as they had planned. :'> send a better lawyer next time. The judge had to ask him if he was a lawyer at the beginning because he looked so lost, that's sad.)

[ASTMedic]

ASTMedic,

Will you send a copy of your trial brief? Seadragon recommended it since I am in CA too and my deadline for mail is today.

Yikes!

Thanks!

bohey

 

It's right here

[DTJ]

Congradulations. So do you mind reading my post? I just joined here and I'm beginning to learn what I have to do to fight this case that has been brought against me. Do you think I have a chance?

[ASTMedic]

Congradulations. So do you mind reading my post? I just joined here and I'm beginning to learn what I have to do to fight this case that has been brought against me. Do you think I have a chance?

 

Done

[bohey]

It's right here

ASTMedic,

 

Very impressive! Thanks you for your quick response! Here's to a win!!

 

bihey

[easy619]

Great, great thread. Great resource for documents! I built on your motion to compel, about to file it tomorrow. Good job kicking their asses, I hope to join you in victory soon!

[ASTMedic]

Great, great thread. Great resource for documents! I built on your motion to compel, about to file it tomorrow. Good job kicking their asses, I hope to join you in victory soon!

 

Glad to hear

[ASTMedic]

Added a streamlined version of Seadragon's 60 day check list.

[HiRoy]

Does anyone have a sample CMR statement that I could review? I'm thoroughly confused as to how to fill it out?! Also, I have a CMR in June. I have to have have the CMS done 15 days prior, correct?

[ASTMedic]

Does anyone have a sample CMR statement that I could review? I'm thoroughly confused as to how to fill it out?! Also, I have a CMR in June. I have to have have the CMS done 15 days prior, correct?

 

Many times your local court has their own requirement for due dates. Look on the courts website and see if they show it. Here's a CMC, edit to fit you case. Here's a bunch of other starting off docs I don't think all made it into the original post I made at the start.

[credit_h]

So at this point (45 days out) I sent my CCP 96. The CCP 96 makes the JDB disclose everything they intend to use in court. If they don't disclose it then they can't use it so it's an almost mandatory tool in your case. DON'T MISS THE DEADLINE FOR IT!!!!!!!!!

Even if the JDB do not disclose anything, they can still use anything obtained or produced during discovery right?

[ASTMedic]

Even if the JDB do not disclose anything, they can still use anything obtained or produced during discovery right?

This was a question I had for Calawyer during another members fight. He clarified stating that the CCP 96 is not a "what do you have as evidence" but a "what will you be using at trial". If they don't respond then they can't use any evidence. If they try to use something they didn't include in the response to the CCP 96 then its indamisable.

[qbert]

Q for ASTMedic and others:

 

it seems your discovery request was really short and sweet. I've seen others go the complete opposite direction (see post #14 in this thread)

 

thoughts on these differing strategies?

[HiRoy]

In the CMR, is it best to ask for a jury trial?

Also, I'm sending out my demand for bill of particulars tomorrow. They have to go by cert mailed with return receipt, right?

What's my next step?

Many times your local court has their own requirement for due dates. Look on the courts website and see if they show it. Here's a CMC, edit to fit you case. Here's a bunch of other starting off docs I don't think all made it into the original post I made at the start.