Midland Court Date - Tomorrow

[Beaker]

So, I'm throwing up a bit of a hail mary here but I guess I'm just looking for some moral support(or morale support).

I spoke with the low cost legal aid in Illinois(CARPLS) and the lady I spoke with was POSITIVE my case would go in my favor as long as I answered the summons. She stated that the Midland lawyers wouldn't have the evidence needed(account details or receipt for purchase of the account).

I went to the day of the summons(September 4th), advised the lawyer I didn't want to settle and was handed a Trial Call Order for November 5th(tomorrow). I didn't do anything fancy with the Answer. I just filed to appear, which I'm guessing now was a tactical error? I've been swimming around various sites, but I'm a bit confused.

All that was presented to me in the summons is a "sworn affidavit" that has my (valid) account number and debt details.

I guess my question is: how the heck do I proceed once I get to court?

This is what I have currently written down. If anyone can provide insight, that'd be awesome..

(This reads like a crappy choose your own adventure novel

DO NOT SPEAK UNLESS SPOKEN TO

SAY AS LITTLE AS POSSIBLE.

I SAY:

Your honor, the plaintiff has provided no proof of this debt nor have they provided a receipt for the alleged account. To the best of my knowledge it is not mine.

IF THE PLAINTIFF HAS NO FURTHER EVIDENCE OR WITNESS:

Your honor, I would like to motion for a Directed Verdict as the plaintiff has failed to offer the minimum amount of evidence to prove the case even if there were no opposition.

I ask for the case to be dismissed and I'd like my appearance fee back.

IF NEW EVIDENCE PROVIDED - OBJECT that this was not in the DISCOVERY.

If OBJECTION OVERRULLED, ask for the information to be authenticated with the bank.

Aaaaand, that's it? My main nervousness stems from the fact that I did owe the money to Chase, just not these vultures...I just don't want to throw the towel in too early..

Thanks for your time!

Cheers,

-J

[Coltfan1972]

Looks good but I'd throw in, "I'm not legally liable to the Defendant" That covers just about everything you said. However, it's moot. Midland will be a no show or at the VERY worse will dismiss right before trial. If they do show up expect some very heavy handed settlement talks where they tell you how bad you are going to lose and what a great deal they are offering you to avoid a trial. Flip them the bird and tell them to shove it and spin on it.

The legal aid attorney was actually right. And you did not do yourself any harm by filing a simple answer. You've actually done 100% the right thing. Prepare to win tomorrow, you've done good.

[Flyerfan]

Good luck tomorrow. Stand strong and let us know how it goes.

[Seadragon]

You never know how the court is going to react. and if they have continued denial then you have countered the he said he said.

But it wouldn't hurt making a counter affidavit refuting everything and giving it to them out in the hall before trial.

If questioned "I don't recall" is always a nice safe answer. answer if the ask if your name is________. asked if you applied for a card "I don't recall" Did you live at this address. Objection vague as stated. Did you live at this address in <whatever dates>? Yes. Did you recieve billing statements at this address. Objection vague, ambigous, lacks foundation. if sustained don't answer. if overuled say can you repeat the question. I have recieved utility bills and other bills at this address but none from plaintiffs.

when they try to submit the affidavit, object for lack of foundation, lack of authentication and the affiant lacks personal knowledge.

then let that rumble in the attorneys craw.

make sure that you do not interrupt the judge when he is speaking, and make sure they do not try to do an end run around the rules.

so as they say get crackin on that counter affidavit.

[Coltfan1972]

Let me add to Sea's good advice on how to act in court. Always yes your honor, no your honor, or whatever your honor. However, embrace the underdog role. Nothing better if you have them nailed on something procedural and then to almost apologize in advance because this seems so common sense and by the rules, but the other side is doing whatever. It really ticks the other side off and really what you are saying is, your honor they are trying to b.s. us all because I'm pro se and I just busted them.

The I'm not a attorney your honor, but the rules appear very clear to me when they say XXXX and since it says XXXXX and they are saying XXXXX, that makes them wrong, at least according to the rules. The other side loves a pro se doing that to them.

[Beaker]

Thanks all for the encouragement! Coltfan, I'll add that to my legalese phrase book

Seadragon, am I to understand you want me to make a written statement, and then when the plaintiff tries to submit it, I deny it as unauthenticated? That's pretty ballsy!

Also, how is an attorney asking "Did you recieve billing statements at this address.?" objectable as vague? Is it just a matter of trying to irritate them as much as possible?

Frankly, I'm still reeling from the fact that I'm taking this to court even though, by all information, I should be dead to rights. I mean, I *did* default on a credit card with that account information. And they most likely did buy the debt. It's just they buy so much and my amount is so little(2000) that they just are terrible at record keeping??

It's astounding to me that they are willing to submit this many cases just playing the odds that they win a default judgement. Though, I can tell you, when I first went to the (pre?)trial on Sept 4th, there was literally two sheets of Midland cases. I guess even a couple of those as no-show default judgements makes it worth it. Makes me sick.

[Beergoggles]

I won twice with the advice from these guys. Just do what they say.

[ASTMedic]

Frankly, I'm still reeling from the fact that I'm taking this to court even though, by all information, I should be dead to rights. I mean, I *did* default on a credit card with that account information. And they most likely did buy the debt. It's just they buy so much and my amount is so little(2000) that they just are terrible at record keeping??

Ya it's their job to prove they own it. Ownership proof is the key. If your stones are big enough you can legalese say "ya I opened the acct, now prove you bought it." This can be a big risk depending on the judge but really if letter of the law is followed that's how it works.

Also, how is an attorney asking "Did you recieve billing statements at this address.?" objectable as vague? Is it just a matter of trying to irritate them as much as possible?

I just went with "I don't recal". At that point it's their job to prove otherwise. How long has it been since you got statements on the card sent to you? Can you remember every piece of mail from X years ago?

[Seadragon]

Thanks all for the encouragement! Coltfan, I'll add that to my legalese phrase book

Seadragon, am I to understand you want me to make a written statement, and then when the plaintiff tries to submit it, I deny it as unauthenticated? That's pretty ballsy!

Also, how is an attorney asking "Did you recieve billing statements at this address.?" objectable as vague? Is it just a matter of trying to irritate them as much as possible?

Frankly, I'm still reeling from the fact that I'm taking this to court even though, by all information, I should be dead to rights. I mean, I *did* default on a credit card with that account information. And they most likely did buy the debt. It's just they buy so much and my amount is so little(2000) that they just are terrible at record keeping??

It's astounding to me that they are willing to submit this many cases just playing the odds that they win a default judgement. Though, I can tell you, when I first went to the (pre?)trial on Sept 4th, there was literally two sheets of Midland cases. I guess even a couple of those as no-show default judgements makes it worth it. Makes me sick.

You want to make an affidavit to counter what they say. In most courts, an affidavit has more weight because you have put in writing your opposition and sworn and all that.

as for the did you recieve billing statements question it would be vague because it doesn't specify which billing statements.

When you are being questioned don't cut him off with the answer. think about it and stymy their momentum because they are going to try to get you into a speed round. so object if it is vague as stated, or ambigous.

If the judge says you cannot object from the witness stand then ask how will I preserve objections for further proceedings. as a pro per I would have no one to render objections and the court can allow the variance from procedure to allow an unrepresented party to object to questions that are objectionable.

you want to control the questioning, and don't give them any reason to try to have your answer stricken. If they approach with some paperwork say objection not given in discovery, improper foundation, lacks authentication. if the judge over rules it say I haven't seen this before and have no knowledge of it. and therefore couldn't testify or provide anything about it.

Hopefully you get to court and the jokers noshow. But you have to prep for if you do have to go all the way.

so for trial it goes like this

case called(be careful they will try to slip evidence in or dismiss without prejudice) He will state his appearance first then try to dismiss. You can say objection your honor improper procedure there are in limine matters to discuss. once an objection is stated no matter what the judge rules for the objection trial has started. so they could only dismiss with prejudice at that point. he will talk really fast for either pay attention and get to the table as fast as possible.

The plaintiff has his opening statement(don't interrupt or shake your head take notes what he is saying

Then your opening statement(state why you have defended and that no evidence shows any obligation to plaintiff)

They start their case in chief(when they go to introduce evidence object to it for improper foundation, doesnt have authentication, lacks personal knowledge of creation, hearsay. that means everything)(what the lawyer says is not testimony object to it as Counsel is testifying)

If the judge gets mad about objections state that you would like to register in the minutes a general objection to all the evidence then to preserve them for further actions.

If they question you be sure to write on a piece of paper the questions you would like the judge to ask you for redirect to get your testimony on the record. for instance: Did you recieve any of the alleged documents that plaintiffs have attempted to enter prior to today(or whenever they sent them) Did you have any doubt as to the authenticity or validity of plaintiff's claims for<whatever causes of action> Do you have in your possesion an alleged credit card in your possesion with the alleged account number plaintiffs claim. Have you been contacted by the alleged assignors of the alleged account concerning the same? and on and on.

If they bring a witness look for the trial questions we have here and print them out double spaced and take notes of what they say.

they will close their case in chief then plaintiff will rest.(make sure they are clear by asking does plaintiff rest?) then move for directed verdict(this will let you know if the court needs you to present your case) if it is denied you have to have some evidence of your own(that is why i recommend your affidavit be filed before trial and then you submitt it as evidence.

then defense can rest your case.

Sometimes they allow closing statements plaintiff goes first then you.

request a statement of decision on the matter. and then listen carefully write down exactly what he says.

then let the plaintiff's attorney leave first while you put your files away. then nod to the judge and leave.

Then come come back and tell us how it went

[Beaker]

CASE DISMISSED!

Didn't even see the judge.

Went down very simply. I sat and watched the lawyer get a bunch of default judgements(close to 30k!) from no-show defendants.

Then he came up to me, asked me to step outside, and said matter of factly that they didn't have a witness for the case so they were dropping it. He did the same thing with at least one other lady who showed up.

He handed me a form that stated the case was dismissed Without Prejudice(which I know leaves me open to another lawsuit but I assumed I didn't have enough information to request a With Prejudice dismissal from the judge?)

I then asked about my appearance fee and he wrote down that they would refund the 186 bucks in 30 days.

Sounds good to me

If anyone has any further advice, I'll take it. Otherwise, THANK YOU ALL SO MUCH FOR TAKING THE TIME TO PROVIDE YOUR ADVICE!!!

[BrunoTheJDBkiller]

Most likely you won't hear from them again. They operate on 95% no shows, they don't need the hassle for 2 grand, especially with somebody who shows up to fight.

[Public Enemy]

Great news

But what a f'n abuse of the legal system by Midland and the other magot JDBs.

[1stStep]

Congrats - my guess is that you will never hear from them again.

Go and get your money back... then check your CR to see if they report or not...

[racecar]

Good work BEAKER.

[Flyerfan]

Great job. I'm happy for you!

[ASTMedic]

Congrats

[4ever]

Congrats!

[DebtJubilee]

Great news Beaker, you did great and congs.

If I may ask you please, did you ever request to have a witness, and what

did you include in your answer?

[Princess2]

Congrats and to Midland!

[Coltfan1972]

CASE DISMISSED!

Didn't even see the judge. Went down very simply. I sat and watched the lawyer get a bunch of default judgements(close to 30k!) from no-show defendants.

Then he came up to me, asked me to step outside, and said matter of factly that they didn't have a witness for the case so they were dropping it.

However, it's moot. Midland will be a no show or at the VERY worse will dismiss right before trial.

Sometimes predicting this stuff is just too easy. Of course they dropped the case when you showed up and would not settle. It's Midland, it's what they do.

Hey Midland rep that monitors this board !! :'>

[ArtVandelay]

CASE DISMISSED!

Its so refreshing to see people come here, ask for advice, fight and then win!

I'm afraid so many others cave in and we never hear from them again.

I never got into poker, but after hanging out here I'm ready to play now!

Congrats!!!!!!!!

[leadlegs]

Its so refreshing to see people come here, ask for advice, fight and then win!

I'm afraid so many others cave in and we never hear from them again.

I never got into poker, but after hanging out here I'm ready to play now!

Congrats!!!!!!!!

Truer words were never spoken. The contributing members of this site should be nominated for Sainthood or something. I mean, these are people that help others get out of serious jams AND save them hundreds if not thousands of dollars, all at no charge.

Like Beaker I just won a case against me and there's simply no way to properly thank the members that helped me do so. At minimum I intend to stick around, learn and try to help out whenever possible, it's the least any of us can do for the advice they've given us.

And congratulations Beaker! Wasn't it a major league high when the case was dismissed? Kind of makes you look forward to it happening again, wouldn't you say?

[Seadragon]

CASE DISMISSED!

Didn't even see the judge.

Went down very simply. I sat and watched the lawyer get a bunch of default judgements(close to 30k!) from no-show defendants.

Then he came up to me, asked me to step outside, and said matter of factly that they didn't have a witness for the case so they were dropping it. He did the same thing with at least one other lady who showed up.

He handed me a form that stated the case was dismissed Without Prejudice(which I know leaves me open to another lawsuit but I assumed I didn't have enough information to request a With Prejudice dismissal from the judge?)

I then asked about my appearance fee and he wrote down that they would refund the 186 bucks in 30 days.

Sounds good to me

If anyone has any further advice, I'll take it. Otherwise, THANK YOU ALL SO MUCH FOR TAKING THE TIME TO PROVIDE YOUR ADVICE!!!

Good job keeping your cool.

[Linda7]

Congratulations!!

[PlayinPoker]

Congrats! It is really warming to have just discovered this site eight hours ago, and seeing the strategies proposed have "real life" winning results. Great job, thanks for sharing with those of us -- soon to follow! All of you carry the torch light for the rest of us.