needhelpinaz Posted October 30, 2012 Report Posted October 30, 2012 (edited) They showed up at the second trial date (today), original had been continued withtheir court reporter this time and had their witness phone into the courtroom. LAWD, I'm so ill-prepared, no case law citations just some haphazard questions to throw at their witness. Stomach is gurgling so loud, afraid everyone can hear it. But I had the knowledge that they had not produced a bill of sale/assignment from OC, just a packet of copies of a couple of years of statements. Attny directs the witness to authenticate the statements, which he did, and entered as evidence, I objected. Judge, said "You will have a chance to make your argument later, and I will weigh it then." I saw the twinkle in his eye, I think he was on to me, because the only thing I said in opening statements was that there were no documents showing that Midland owned this debt. I don't think it would've mattered what I asked the witness. But I did hound him about whether or not the bill of sale was available in their records, to which he replied "Yes, but the attorney did not request it." I re-hashed that one whenever I could. I asked him about his knowledge of how OC created and maintained their records, but none of that seemed to matter.Questioning of the witness was over, Judge informed the court reporter that she was welcomed to pack up and leave, or if she so desired she could stay to see the outcome. She was intrigued enough to stay.Next I was called as a witness. Swon in, and asked if I had an account with OC. My answer, was just as coached here, "Over the years I've had several, but I don't memorize the account numbers so I have no idea if this is my account or not." Attorney flipping through statements and continued to question me about addresses and dates that I had lived at those address. I answered truthfully, admitting to living at those addresses but not on the dates that he was asking about. More questions about employment, and had I lost my job, how many active credit cards I had, have, etc.Judge asked for closing statements, attorney"Let the record speak for itself." Me, "Only that there is no admissable evidence that Midland owns this debt."Judge:"This judgement goes in favor of the defendant....WHAT?!? You look suprised! How on earth can you be suprised?"Attorney:"But Judge, the witness attested to the statements and, and, and...."Judge:"You can't just show up in court without a case to prove. Your exhibit "A" says OC on it, not Midland. You have to have that bill of sale to tie everything in together. Your own witness said all you had to do was request it, and it's a document that is easily produced, and you chose not to"Attorney:"But, but, but Judge...."Judge:"This goes to the defendant, had you had that document the outcome would've been different."CONGRATULATIONS CIC!!!!You've been wonderful, full of GREAT information, and VERY SUPPORTIVE coaching from some very savvy folks here. Special thanks to my HEROS behind the scene, Beergoggles, and Coltfan. And of course EVERYONE who has contributed their 2 cents!Just a side note, in my court with my judge it wouldn't have mattered that the witness didn't have first hand knowledge as to how OC created and maintained the account or whether the original documents were accurate and true. Just show the bill of sale/assignment. Also, apparently, it was a pro temp judge at the first trial date, and this is the permanentt judge, and he said, it should've been judged in my favor at that first trial date(he had a big red stamp on it) and he already talked to and corrected the pro temp.CHEERS!! Edited October 30, 2012 by needhelpinaz
racecar Posted October 30, 2012 Report Posted October 30, 2012 (edited) ++Great work cant get enough of junk debt buyer beatdownsxdancex Edited October 30, 2012 by racecar
kutuzov Posted October 30, 2012 Report Posted October 30, 2012 Great JOB! I can imagine you freaking out, my wife was pretty much the same when she got to go to court! GREAT JOB!!!
Coltfan1972 Posted October 30, 2012 Report Posted October 30, 2012 Judge:"You can't just show up in court without a case to prove.That's right because we will be there with our a$$ kicking boots on and ready to kick your a$$ right back out that courtroom door.
4ever Posted October 30, 2012 Report Posted October 30, 2012 Congratulations! I agree that this forum and the many helpful members are priceless.
LauriL Posted October 30, 2012 Report Posted October 30, 2012 Congratulations! Thanks for sharing your experience, it gives me some hope as I'm so nervous I'll end up in court eventually...
needhelpinaz Posted October 30, 2012 Author Report Posted October 30, 2012 (edited) Thanks! I can't say don't be nervous because nothing helped me with that. But knowing what I studied about lack of standing was on my side, was what kept me alive and kicking. So much info on here. I wish I could've spent more time preparing better, but life is happening and time is not available for me. I did, plant a seed in the Judges ear about how they are finding that an industry wide problem with robo-signing with the OC's is running rampant not just with the JDB's, that way he will be more open to the line of questioning on the practices of the OC and not just rely on the testimony of the JDB's custodian of records. This, I learned, here on this forum. The whistleblower from Chase Bank that filed a complaint with the SEC regarding the robo-signing and over reporting the balances on the accounts. Chase even shut down their own litigation department because they didn't have the legal documents to proceed with any lawsuits. Just keep this in mind, I don't know how it can be used in arguing a case so I didn't use it, but like I said, I did get a chance to chit-chat with the judge while I was waiting for my copy of the judgement. Edited October 30, 2012 by needhelpinaz
Scientific Posted October 30, 2012 Report Posted October 30, 2012 Congratulations! I love threads like these!
bmc100 Posted October 30, 2012 Report Posted October 30, 2012 Midland was pulling some BS, they did not have the bill of sale or they would have sent it to the attorney....Was it dismiss with prejudice or w/o prejudice?
1stStep Posted October 30, 2012 Report Posted October 30, 2012 Even better - judgment for the Defendant - there will be no prejudice here.Did the court award any monetary damages to you?
dorayuyu Posted October 30, 2012 Report Posted October 30, 2012 Congrats! I hope I can win my case too...
needhelpinaz Posted October 30, 2012 Author Report Posted October 30, 2012 No damages awarded, and I don't plan on asking. From what I understand from Beergoggles, he still hasn't been paid by them, and frankly, I really don't have the time to spend on this. If it were thousands of dollars, ok, I would try to make time. But probably between the answer fee and mailing we may be something around $100.
ArtVandelay Posted October 30, 2012 Report Posted October 30, 2012 CONGRATULATIONS!!!! I have read so many threads here when someone gets prepared and then caves in and settles at the last minute. I say just give up at the beginning or fight to the end just like you did. Its refreshing to see others fighting back and not giving in to the intimidation and bluffing of the JDB scammers!Awesome Job!!!!!!!!!
Beergoggles Posted October 31, 2012 Report Posted October 31, 2012 Congrats and I told you so! Whats even better is the Judgement! You and me girl are in the Whipped the lawyers a$$ for real club! Congrats again so proud of you! Judgement for the defendant has such a nice ring to it!!
Flyerfan Posted October 31, 2012 Report Posted October 31, 2012 When did you get to chit-chat with the judge? I am preparing an affidavit of the false affidavit use of Chase and Midland. Hopefully that will put the bug in the judges ear.Great job by the way!!!
needhelpinaz Posted October 31, 2012 Author Report Posted October 31, 2012 I was waiting for my copy of the judgement at the window and he happened to be back there and I asked him a quick question, and he continued the conversation by telling me I did a great job(nice to hear from a judge) and by asking me "Did you see the look on his face, like he was so suprised?" That got the whole ball rolling about the rules, and apparently they've redone the civil rules for the justice court, so now they don't just run off of the superior court rules(I didn't know that, may explain a few things), and he said how some states actually have a whole separate set of rules for creditor suits and they(JP's) were asking why the opportunity wasn't taken at the time of the change to incoporate that into their new set of rules. So I continued with the whole Chase whistleblower thing and there were a couple of clerks back there listening to us and they chimed in that they knew about it too, he didn't seem to know about it.
Beergoggles Posted November 1, 2012 Report Posted November 1, 2012 I finally got paid (on my birthday) just send a sweet little letter to Midland and demand payment I would send it to both the lawyer and the corporate office. writing a small 2 sentence letter saying pay me because you lost is not too time consuming. make sure to send a copy of the judgement along with it. Midland Credit MGMT IncAttn Legal Department8875 Aero Dr Ste 200San Diego, CA 92123-2255 No damages awarded, and I don't plan on asking. From what I understand from Beergoggles, he still hasn't been paid by them, and frankly, I really don't have the time to spend on this. If it were thousands of dollars, ok, I would try to make time. But probably between the answer fee and mailing we may be something around $100.
Flyerfan Posted November 1, 2012 Report Posted November 1, 2012 How could the judge not be aware of the Chase situation if his job has so much to do with debt cases? I'm afraid my judge will also not be aware of it.I put together an affidavit that makes it very clear but I'm curious to whether they read them in their entirety or just skim over the case. My affidavit had a lot of attached exhibits regarding the false affidavits so I really hope it catches my judges attention and peaks their curiosity.I'm sure once the judges are aware that MF's cases are all affidavit smoke and mirror cases they have to rule against them.
Recommended Posts