stormie Posted November 15, 2012 Report Posted November 15, 2012 So today was my trial with Midland Funding. Basically, last July, I had already filed the motion to preclude the bill of sale (which was granted), and Midland had admitted (stupidly) in writing that they had no other documents besides what they had already provided. So today, I didn't even wait for ten minutes when the court's manager handed me the papers saying that Midland dismissed the case with prejudice and that I'm free to go home.But...... I handed the papers back and said, "How about my counter claim? I am suing Midland for FDCPA violations"So the court manager asked me, "Oh, but we thought that you had already spoken to Midland's lawyer?". And I said, "No, if they gave you that impression, absolutely not - we did not get a chance to speak. And yes, I do want to counter sue for the reasons stated on my counter claim".The court manager went back and gave the papers to Midland's attorney who looked back at me as if she was wondering what I was doing. So they called me right away, and the attorney to the court asked me kindly why I was looking to counter sue, and I explained to her in a very professional way that Midland loves to harass people including myself by calling at work and filing frivolous lawsuits, and not only that but that I have personally lost wages and vacation days since I had to come to court four times for a case that Midland knew from the get-go they had no standing to sue me for. I showed the court's attorney my filed paperwork and she took about 10 minutes to read it and seemed impressed.In a shocking turn of events, the court's attorney then turned her attention to Midland's attorney and said, "So..... it seems to me that now it's up to you. Would you like to settle this? Would you like to take some time out to make a phone call to Midland?"You guys should have seen the look on Midland's attorney's face- she appeared offended when the court's attorney asked her that question. She looked like she wanted to tell her, "Oh no you didn't!! Oh no, you did not just not sit there and ask me that question". The court's attorney then said that I can have a seat while we give Midland's attorney time to contact their office so as to settle with my counterclaim. Midland's attorney, (a woman with nasty frizzy blonde hair), said angrily, "I am not making any phone calls back to the office, okay?!" Then the court's attorney kind of ignored her, but had me wait, and take a seat in the back in the hopes that Midland may settle the case - or better yet, how much Midland Funding would be willing to pay me. (I was suing for 9K )After about 1 hour, the frizzy-haired Midland attorney put her coat on as if she was leaving, and told the court that if we're going to continue this, to get a transcriber to "start recording" yeah right.That's when I walked up to Midland's attorney with my folder full of papers and told her that I am willing to settle - that if she would be willing to have Midland send me a basic payment of $50 a month with an interest rate of 29.99% until the payment is complete that I would be willing to accept and that all she has to do is sign "right here". She ignored me and walked right out. (was it something I said? )I was then called but this time in front of the judge who could not find Midland's arrogant attorney - she never came back. So the judge sent out people who took a good 20 minutes trying to look for her, but they came back empty handed. That's when another Midland scumbag attorney who was handling other cases volunteered to substitute. (Come to think about it, I should have won by default since frizzy hair failed to appear, but anyway)The judge basically told me that although she is very impressed with my paperwork (she had the court's attorney investigate my allegations and supporting paperwork and rulings in a backroom), that she would have my counterclaim dismissed in part because I quoted federal rules and as such, my FDCPA complaints should be treated in a federal court, not a city civil court (I forgot her exact words). So my counterclaim was dismissed but "without prejudice" so that I can sue them in a federal court.So that was my great day in court today. I had so much fun. I gave Midland's attorney something to sweat over, and that made me gleeful. I bet you if everyone gave them a hard time, they'd be extra careful in who they try to sue. woo hoooooo!!!
1stStep Posted November 15, 2012 Report Posted November 15, 2012 (edited) Coltfan - is this a relative of yours??? I love it - offering a stipulated judgment to her too - how you like that medicine Midland??? OK - so here's what I would do...1. Sue Midland in Federal for the FDCPA violation.2. Sue Midland for lost wages, etc. in state court.My guess is they will want to settle ASAP. Edited November 15, 2012 by 1stStep
Princess2 Posted November 16, 2012 Report Posted November 16, 2012 Stormie. I love it! Stick it to Midland.
leadlegs Posted November 16, 2012 Report Posted November 16, 2012 Congratulations!Like you, I just won my first case and the feeling was incredible. I actually thought about intentionally defaulting on a credit card just to go through it again, it was that sweet. Of course I'd never do that but it is tempting.Again, congratulations on the smackdown, I wish I would have been there to see it.
Guest Jennmackvann Posted November 16, 2012 Report Posted November 16, 2012 You did all of this and you are not an attorney? They served my husband tonight and I want to take them on but don't want to look like a fool.
Public Enemy Posted November 16, 2012 Report Posted November 16, 2012 That's when I walked up to Midland's attorney with my folder full of papers and told her that I am willing to settle - that if she would be willing to have Midland send me a basic payment of $50 a month with an interest rate of 29.99% until the payment is complete that I would be willing to accept and that all she has to do is sign "right here". She ignored me and walked right out. (was it something I said? )This needs to be in the CIC Hall of Fame.
racecar Posted November 16, 2012 Report Posted November 16, 2012 If you guys keep beating up midland pretty soon we will have no one to play with.
leadlegs Posted November 16, 2012 Report Posted November 16, 2012 You did all of this and you are not an attorney? They served my husband tonight and I want to take them on but don't want to look like a fool.Start out by posting your answers to the questions from the last "sticky" thread at the top of the page. It's titled "Q's to answer when posting in this forum". That'll give everyone a basic understanding of where you are in your case.After doing that you'll get the help that you need. The members here who are truly in the know will assist in guiding you through the whole process, they really are incredible people. Good luck!
Coltfan1972 Posted November 16, 2012 Report Posted November 16, 2012 ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::BigGun:: ::
debtzapper Posted November 16, 2012 Report Posted November 16, 2012 I am wondering why the judge dismissed your FDCPA claim. FDCPA claims or counterclaims, by statute, can be filed both in state or federal court. I have heard, however, that many state court judges don't like to hear those cases and dismiss them sua sponte. Has anybody on this board had that experience, or have they had a state court judge hear their FDCPA claim or counterclaim?
Seadragon Posted November 16, 2012 Report Posted November 16, 2012 I think it is the fact that JDB insurance indemnifiers require cases be bumped to federal court. That is why judges probably deny the claims.Also you humiliated that lawyer you basically took a big steaming dump on her case the mushed her hole head in it. The judge was right they would have took it to federal any way. Now you can file the case as a plaintiff and there is no res judicata.Excellent outcome, I especially like the way you didn't go oh thank you like it was some gift but said Hey where is my money Ho.And the fact you did all this in front of other collections attorneys is just professional humiliation. I bet the judge was laughing, but he did have them look it over with a fine toothed comb to deny it. Because he would have set dangerous precedent.Excellent use of leverage and way to start the one year clock to sue them since they have no claim against you go all in after them. Maybe you can interest them in a 50K settlement to recompense you and to keep this out of federal court where the JDB's have no friends.
Coltfan1972 Posted November 16, 2012 Report Posted November 16, 2012 Also you humiliated that lawyer you basically took a big steaming dump on her case the mushed her hole head in it.In other words, welcome to court against a CIC member Midland. Nice to meet you. Don't take it personal, we're just better than you.
Flyerfan Posted November 16, 2012 Report Posted November 16, 2012 Awesome and encouraging to the rest of us!
texasrocker Posted November 16, 2012 Report Posted November 16, 2012 So what good does it do to counter-sue citing FDCPA violations if the civil court in which the JDB sued you has no jurisdiction? If the JDB's attorney knows that it is a federal court matter then could they not just basically ignore the counter-suit?
WhoCares1000 Posted November 16, 2012 Report Posted November 16, 2012 Because they cannot "just basically" ignore the counter suit. They still have to argue for it to be removed to Federal Court. In this case, Midland tried to ignore it which caused the whole scene that the OP described.
texasrocker Posted November 16, 2012 Report Posted November 16, 2012 OK so if being sued by a JDB one should file a counter-suit based on FDCPA violations and hope the opposing attorney isn't smart enough to attempt to get it moved to Federal Court? Excuse my ignorance but it seems unbelievable that if it is that simple for the opposing attorney to counter a counter-suit then how are so many pro se's here winning by filing counter-suits?
lheart Posted November 16, 2012 Report Posted November 16, 2012 The point I took from the whole story is the court didn't even bother to read the paperwork. Until you brought attention to it they didn't even know there was a counter claim!
Coltfan1972 Posted November 17, 2012 Report Posted November 17, 2012 The point I took from the whole story is the court didn't even bother to read the paperwork. Until you brought attention to it they didn't even know there was a counter claim!This is one of the main reasons that you always see me say, "then have oral arguments scheduled" after I talk about filing something with the court.
saytar Posted November 17, 2012 Report Posted November 17, 2012 JDB-------------------------------------------------------------JDB-------------------------------------------------JDB----------------------------------------JDB---------------------------They took one for the Gipper!!
stormie Posted November 17, 2012 Author Report Posted November 17, 2012 The point I took from the whole story is the court didn't even bother to read the paperwork. Until you brought attention to it they didn't even know there was a counter claim!This is soooo true. Many were the times when I had to ask the attorneys to the court, and even the judge to turn to page X to see where I had spoken about a certain subject that would come up during my oral argument.
stormie Posted November 17, 2012 Author Report Posted November 17, 2012 (edited) OK so if being sued by a JDB one should file a counter-suit based on FDCPA violations and hope the opposing attorney isn't smart enough to attempt to get it moved to Federal Court? Excuse my ignorance but it seems unbelievable that if it is that simple for the opposing attorney to counter a counter-suit then how are so many pro se's here winning by filing counter-suits?Well, the way that it was explained to me (on that same day) is that you can absolutely use FDCPA ruling as a defense - but once you use those points as a defense, you can't use them again to counter-sue. It's like playing tennis - the ball comes at you, and you hit the ball once and it's out of your court - you can't try to hit and serve the ball at the same time. So with your defense, an accusation is thrown at you, then you defend yourself. Period. You can't use the same defense as a new accusation. (This point I didn't know). This is also why the judge dismissed my counter claim without prejudice - cause as she says, I will now be able to start a new claim in federal court, without having to use those same points as defenses. I really don't care, I am still happy with the whole outcome. This makes two for me. I also had given LVNV Funding a smackdown, and now Midland is on my resume. Oh and yes, I am looking to sue Midland in federal court. They are not getting off that easy. To be honest with you, the more I think about it, the more upsetting it is. When I was in court, I saw JDB lawyers take from the disabled, and from very old people who couldn't work. It's ridiculous - they were doing what's illegal in front of the court's eyes. You cannot garnish social security benefits. But, there they were - asking these poor people to "sign right here, and you'll only have to pay us $20 a month." The most disturbing case happened the last time I went to court: I overheard the case of a woman who had been sitting next to me. She appeared to be in her late 50's, she owed a JDB 70K. (I cannot even fathom giving that much of my hard-earned money to JDB scum). The poor woman appeared almost suicidal when the JDB told her that she has to make 100 payments between now and next year in May. Things like this make me want to go forward with my counter claim in federal court. I want to use everyone's cases as proof of their abuse. Why oh why, do people not research and fight their cases??? These poor people have just ruined the qualities of their lives, and for what? So that a few JDB scumbags can sit on top and smile their way to riches? JDB's have no shame, and neither do their lawyers who don't do anything except depend on default judgement. They all make me sick. Edited November 17, 2012 by stormie
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