bmc100

Those being sued in Michigan by a JDB, step by step in Defending

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Case update against Stellar Recovery:

 

It was dismissed w/o prejudice. The attorney I retained is going to file two separate lawsuits against the law firm and stellar recovery on FDCPA violations.

 

Plaintiff's attorney showed up and stated they are dismissing the case w/o prejudice.

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Case update against Stellar Recovery:

 

It was dismissed w/o prejudice. The attorney I retained is going to file two separate lawsuits against the law firm and stellar recovery on FDCPA violations.

 

Plaintiff's attorney showed up and stated they are dismissing the case w/o prejudice.

Nice job, congratulations

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As I stated previously, I am done formally helping posters on the CIC boards. Based upon PMs I have received and the assumption that I will jump in and take people step-by-step through the process, I no longer have the time to help people with their cases.

 

I will comment on poster's threads. Being sued by a JDB, regardless of what state one resides in, can be beaten. You just have to follow the rules and apply them to your advantage.

 

Being sued by an OC, is a different story. The key to dealing with an OC is to create leverage in negotiating with them. You have about a 1% chance of beating them in court, unless you are dealing with a law firm full of idiots.

 

I have listed on my threads virtually every civil rule that would be applicable to a debt collection lawsuit backed by caselaw.

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Based upon PMs I have received and the assumption that I will jump in and take people step-by-step through the process, I no longer have the time to help people with their cases.

 

Negative PM's or people expecting to sit back and have you do everything? That's a shame. Every time people find a great resource they abuse and overuse it until it goes away. 

 

:waah:

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I think you did a great job of the step by step. I will usual any refer them to the resource thread, and then say if there is something you don't understand, post specific question in their thread.

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Some PMs have me questioning if the poster is an attorney. Most of the others are people who do not listen to what I am telling them to do or they expect me to do everything for them.

 

The remaining fraction are posters who ask for help and I tell them to post everything from the beginning or email me documents so I can see exactly what they are and what they say. They never follow through on it and expect help.

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Yes I think there are many who are overwhelmed, and think they can't learn it, and it would be easier to let someone else do it. Racecar's does a great job of providing resources, but making it so they need to do the search and work. I think if it is worth fighting it for you, then ya gotta put the work in. Those are the ones who post the wins.

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Some PMs have me questioning if the poster is an attorney.

Yes I know what you are saying there, I don't think it's the attorney though; but rather one of the bottom feeders  minions, who would otherwise be on the phone harassing  debtors (and non debtors alike).

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Some PMs have me questioning if the poster is an attorney. Most of the others are people who do not listen to what I am telling them to do or they expect me to do everything for them.

 

The remaining fraction are posters who ask for help and I tell them to post everything from the beginning or email me documents so I can see exactly what they are and what they say. They never follow through on it and expect help.

 

Gotcha. A few ruin it for the many. Common story.

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You are knocking them out one by one bmc.  You got anymore out there? ;-) Congrats.

 

My wife has been getting letters from Weltman. the last one came with a complaint they plan on filing against her. We are trying to find a way to get them on a FDCPA violation and file a suit prior to them filing their suit.

 

It might be hard to prove they used excessive or threatening means to get her to pay. I have an attorney giving me some ideas on how to deal with them.

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@bmc100 I want to thank you for helping me with my opposition to Motion for summary Judgment. I won and if it were not for you, @shellieh98, @peanutrs, @Savoir, @Seadragon, I would not have made it. I would have given up a long time ago. I won the hearing ::USA::  but without prejudice. However, I still claim a victory. ::balloons::  The msj hearing was suppose to be at 9:30am and the trial at 10:30 following. However, the court couldn't find my answer so we ended up waiting until after the lunch. The attorney was upset and told the judge that he didn't want to wait that long because his client was paying him by the hour. The judge was a little upset about that remark and gave hime a few words. So, we went to lunch and returned as the only ones in the courtroom. The judge had me to take a sit and the plaintiff took the floor. I never had to say a word because the plaintiff's documents were not authenticated. They faught back and forth and I just sat. Finally she said that she was denying the motion. He requested if it could be without prejudice just in case they decided to try again. She stated yes. However she said are you now ready for trial. He stated yes. She said, where are your witnessess. He said he didn't have any. so the denial reads as follows: Plaintiff's Motion For Summary Dispostion , The Motion is denied for the reasons expressed on the record. Plaintiff is unable to proceed to trial for the reason that it has no witnesses to proceed. This matter is accordingly dismissed without prejudice. To that I wish to thank you all again for helping me...

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Awesome Boo!  bmc100 can he collect his court costs?  If not I would even consider motioning for a reconsider to have it changed with prejudice due to your costs.  You might have to look at your rules and see if you can get your costs back, but at any rate--WTG!!

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Alright, I think you did great and resisted the urge to jump in when the plaintiff and the court had a dust up. and it doesn't hurt that the court punished the plaintiff further by adding 4 hours to the bill, But I think the firm had it on contingency.

 

Congratulations. :DiscParty:

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My wife had her MSJ hearing this morning against Stellar. The judge denied their MSJ. From what my wife told me, the attorney almost had a melt down in court by yelling atthe judge to grant their motion.

 

The judge was just about to dismiss the case completely, but for some reason he gave them one last chance to provide a substantial amount of documentation. Like all JDBs, they will not have the documents that were requested.

 

the attorney stormed out of court and gave my wife a nasty look. Now, having to go back to her boss and explain that she was beat by a Pro Se Defendant....priceless!!

 

Next steps are to file her own MSJ and a motion to preclude to see if she can get this knocked out of court prior to trial.

I like how your wife didn't cave to them. Good fighting. and maybe it was not a nasty look maybe she has Bitchy Resting face.

 

 

Or maybe not.

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Thank you in advance for your responses. I am still in the "prove it" stage with this JDB. However, I am dealing with Stillman Law speaking for Midland Funding. (groan) and have read so many posts about all this, I am dizzy. Specifically, I am looking for what I can say back to this:

 

December 2010 got the form letter from Stillman saying that the original creditor is Midland Funding Llc with a visa number as an account in the amount well over 14K.

 

January 2011 sent out my request for validation letter, asking for irrefutable evidence that I owe any money to Midland. I got a receipt for the letter at the postoffice, and received a form letter back from Stillman dated the following day, indicating that they have "ordered further documentation from their client" and would get back to me

 

And I never heard back.....until now

 

June 2013 reading as if this (same chick) gal has JUST received my letter asking for validation, she sends "validation". nearly TWO 1/2 YEARS LATER????!!!!

 

here is what she sends with the cover letter saying I can call with any questions, but please enclose find verification of the debt

 

1. self generated form with Chase logo in the corner, titled "CLOSING STATEMENT" and each line as follows

- AGREEMENT DATE  (filled in as spring of 2010)

-SELLER                         (filled in as Chase bank usa)

-PURCHASER         (filled in as Midland Funding LLC)

-FILE NUMBER   (filled in as WAMU prime recall??)

-NUMBER OF ACCOUNTS (looks whited out nothing on the line)

-TOTAL UNPAID BALANCE (again blank)

-PURCHASE PRICE PERCENTAGE (also blank)
-FILE CREATION DATE (fall of 2010)

-CLOSING DATE (same as the fall date)
-WIRING INSTRUCTIONS (beneficiary name: chase bank usa NA ABA beneficiary account: (blank)

 

2. another blank self generated form  titled FIELD DATA
-Last Name (mine)

-First Name (mine)

-Account number (visa number same as the first letter )

-Sale Amount (14k etc)

-Contract date (random numbers may indicate the year 2000)

-address (mine)

-city (mine)

-state (mine)

-zip (mine)

-home phone (mine)

- ssn (blacked out last four are mine)

-charge off date (spring of 2010)

-last payment date (fall of 2009)

-LPmt Amt (400)

-COBal (14K etc)

and at the bottom it says this

Data printed by Midland Credit Management, Inc from electronic records provided by CHASE BANK USA, NA pursuant to the Bill of Sale/Assignment of Accounts dated 9/29/10 in connection with the sale of accounts from Chase Bank USA, NA to Midland Funding LLC

 

 

--------------------

My first reaction is to write back again asking for more conclusive documentation, but some of the links I have been reading are not clear on whether this is enough to be considered validation, but sheesh it took them 2 YEARS to send this crappy paperwork????

Thanks again!

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I have my pre-trail date and have been reading this over and over I have a question regarding this Post 2 #12

 

 

12. Get your discovery questions and ROGS and Admissions out as soon as possible...99% of the time, the JDBs attorney will ignore your discovery and send you the documents that they have with their Motion for Summary Judgment.

 

Can you please tell me what ROGS stands for?

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I have my pre-trail date and have been reading this over and over I have a question regarding this Post 2 #12

 

 

12. Get your discovery questions and ROGS and Admissions out as soon as possible...99% of the time, the JDBs attorney will ignore your discovery and send you the documents that they have with their Motion for Summary Judgment.

 

Can you please tell me what ROGS stands for?

 

 

Short for "Interrogatories" which are questions you can ask the plaintiff or the affiant of an affidavit through the plaintiff. Rarely a use for them but one aspect I do like about ROGS is the ability to inquire about the employment location, phone number, title, etc. of the affiants of their affidavits. 

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