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My win against Midland


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I had gotten a summons for a civil trial that was to be scheduled on January 15th. I had gotten Jury duty the same day, so it got pushed back until today.

 

I have gotten several phone calls from "Burton Neil and assoc" which I had hung up on... figured let them come to the hearing and see how I could do in my own defense.

 

I got ANOTHER call last night "do you want to discuss the case?" --- uh, NO!!!  (told him we would talk about it tomorrow)

 

Today, I show up a bit early... see this guy get out of a battered Jeep, windows taped, rather odd dress (looked like a preppy college kid lol)

 

Go inside "do you want to talk about it?" --- what part of NO! don't you understand??? I really think he believed he had a slam dunk... typical cross examination

 

"did you ever have a credit card from XYZ?"

 

What address do you get your mail at?

 

when did you last make a payment?

 

yadda yadda yadda

 

when it was my turn, I told the judge that I believed the case should be dismissed, that there was no bill of sale, and that they had no standing...

 

The judge asked if he had a bill of sale... which he of course produced the standard redacted version

 

when I got to do my closing, I told the judge that there was no chain of custody, that the bill of sale did NOT show any acct numbers, let alone mine, and that they had no standing and asked for it to be dismissed..

 

the judge paused for all of 30 seconds,

 

and said " I have no choice except to dismiss this case"

 

 

YAHOOOOOOOOOOO!!!!!!!!!
 

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yes, PA magistrate... and yes, from reading, and rereading this website.  I wish I could have seen the look on the guy's face lol...

 

A quick question... is this the last I will ever hear of this account, or will they sell it to someone else and the cycle starts all over again?

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A quick question... is this the last I will ever hear of this account, or will they sell it to someone else and the cycle starts all over again?

 

Depends, was the dismissal with prejudice or without?  If it was “With Prejudice,” that should be the end of it.

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If this was a trial (sounds like it was) ..... and the case was adjudicated on it's merits (sounds like it was)  ... 'Judgment for the Defendant' will  (or should) appear on the Court Docket. If that's the case ....... no one can successfully sue you for that particular (alleged) debt again. The affirmative defense of 'Res Judicata' would apply.

 

If, however, the case was just 'dismissed' the above posts are relevant. Dismissed 'with prejudice' has the same basic effect as 'adjudicated on the merits'. Dismissed 'without prejudice' means you might have to rinse and repeat.

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Savoir is 100% right and you now have the criminal equal of double jeopardy in your corner, Res Judicata. 

 

Nice, job, I love it.   Basically let them ramble on about the account and then kill them with a simple lack of standing defense.   Well done!!  Warms my heart !!

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thanks!!! I was a bit nervous going in... but knowing all that I learned here, I thought I had a pretty good chance. I think the DJ was impressed that I knew what I was doing.

 

As I read it, unless they can some how come up with a chain of custody from XYZ to 124 to ABC to MNO to Midland to the new JDB no one will ever have a chance at winning their case???  I just have to keep showing up and doing the same thing over and over? (of course, at some point -- guess I need to check my credit report and see when the last payment was made -- the SOL will run out, then it's all over???)

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Appeal based on what? He got his bill-of-sale in, the judge weighed it and decided it was crap!

 

"I would like to appeal this case. I believe the judge erred in allowing me to come to trial with this garbage bill of sale and the pro se defendant was supposed to lie down and just take it, not fight. It's not fair!!!!"

 

Hahaha  

 

If the bill of sale was objected to and deemed inadmissible, maybe they could appeal. If this was dismissed at trial, I agree with Savior.

 

It's over, Johnny. It's over!!

 

trautman-its-over-johnny_clink_large.jpg

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1) I would like to see how this case was disposed prior to commenting on next steps. It almost sounds like there was a trial and the judge decided the case on its merits.

2) This also sounds like it was a small claims court scenario (I do not understand the PA system). In most states, a small claims case can be appealed to the regular court for a Trial De Novo (new trial) very easily. However, the costs are higher and the rules of evidence are tighter. If I were the OP, I would read up on the PA rules for civil procedure, especially the rules on discovery.

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1) I would like to see how this case was disposed prior to commenting on next steps. It almost sounds like there was a trial and the judge decided the case on its merits.

2) This also sounds like it was a small claims court scenario (I do not understand the PA system). In most states, a small claims case can be appealed to the regular court for a Trial De Novo (new trial) very easily. However, the costs are higher and the rules of evidence are tighter. If I were the OP, I would read up on the PA rules for civil procedure, especially the rules on discovery.

 

This is exactly what happened. District Magistrate is small Claims Court.

It is cheap way for Midland to file, hoping to get a default judgement. I think it costs about $50.00 to file.

If they don't get their default judgement, they appeal to The Court of Common Pleas.

They have 30 days to appeal.

District Justices are elected officials.

It is not required they have a law degree

 

http://www.pacourts.us/Links/Public/AboutTheCourts.htm

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I'm going to have to bow to birddog1962's superior knowledge of PA law and to apologize for not catching the fact that this was in Magistrate Court.

 

I'd also agree with WhoCares1000 and prep for an appeal (at least for the next 30 days or so).

 

I should know better than to stick my nose into other states law books ........ sorry.

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I'm going to have to bow to birddog1962's superior knowledge of PA law and to apologize for not catching the fact that this was in Magistrate Court.

 

I'd also agree with WhoCares1000 and prep for an appeal (at least for the next 30 days or so).

 

I should know better than to stick my nose into other states law books ........ sorry.

First hand experience.

They sued my wife last year, she showed up and won.

They appealed..

I hired a lawyer for common pleas court. He crushed them, then sued for FDCPA violations. They folded for 5 grand+.

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Yeah, each state is a little different and the JDBs use different tactics in different states. Here in Minnesota, they do not bother with small claims court because using Pocket Docket rules which are legal here, they do not have to pay the court fees until they want to. Plus, if the defendent is unaware of the pocket docket rules and tries a defense, they can be forced to pay the court fees. However, where they lose is that if the defendant does know what they are doing, there is no appeal.

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Yeah, each state is a little different and the JDBs use different tactics in different states. Here in Minnesota, they do not bother with small claims court because using Pocket Docket rules which are legal here, they do not have to pay the court fees until they want to. Plus, if the defendent is unaware of the pocket docket rules and tries a defense, they can be forced to pay the court fees. However, where they lose is that if the defendant does know what they are doing, there is no appeal.

 

So ....... we have 30 days to wait.

Can you ( in that time frame) explain to me what the defendant in MN needs to know in order to avoid having to pay the court costs and what the defendant needs to know to rule out an appeal ????

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