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I have been following these board postings since I recved Summons in October. I used some of the forms..Request for Debt Validation  Request to strike Affidavit of  Debt and how to request dismissal  of Midland's MSJ.

On 2/14/13 I showed up one hour early to my hearing..I thought I was pretty prepared...I read tons of things on internet about how to fight JDB's and I had my notebook with my opening statement...first to strike affidavit...obvious it was a robosigned one...second there was no bill of sale from Equable to Midland even though in the Affidavit it stated Midland "acquired" account from Equable, Midland did not show the Chain of Title from original debtor WAMU/Chase to Equable then to Midland...this alone should have been a red flag to Judge as it gives Midland no reason to sue.

As I was sitting outside the court room several people were filing in mostly poor and most of them were Midland Funding Lawsuits. The clerke directed them to speak with Attorney Jim Boscia of Boscia, Bowman and Vician a Lawfirm out of Merrilville IN. I am in Elkhart County Merrilville is 100 miles to the west...but I digress...the point I am trying to make is this Clerk called the Attorney by first name JIM and they were on friendly terms....my gut dropped to my feet....I am screwed.

When it was time to go in...I gathered all my papers and went to sit down. In comes the scumbag JIM with his lap top followed by several misguided obviously scared and very unprepared defendants. In comes Judge Lewis, we all RISE and clerk calls 1st case. JIM goes to stand in front of Judge with laptop in hand...opens lap top...he smiles at clerk(she remarked earlier that if she keeps things in the order she has planned he owes her a BLIZZARD from DQ down the street..REALLY???) I knew then I was in trouble. Anyhow the first case is open and shut the defendant was Hispanic, required his grand daughter to interpret, he kept his head down obviously shamed by this event. No rebutal on their part. Judge awards judgement without looking up at defendant. Down goes the gavel and I begin to get real nervous. A couple more cases go by all of them open and shut...gavel down....instant MSJ awarded.

My turn...I walk to the Judge and open my little book with my well detailed notes...the Judge reads the orginal summons, then my request for DV, then my request to Strike Affidavit of Debt and request for Dismissal. Judge has my well written request to Strike Affidavit....I said to himthat this Affivadavit was flimsy at best. He remarked why do you say that. I remarked b/c the said Affiant for one is not present in court ..he states she is not been subpoened I nod I know this youir Honor...but this Affivadavit is Hearsay b/c she states that I as defendant owe Midland 9923.74 . She also stated that Midland acquired this debt from Equable Ascent but did not show a bill of sale. I asked the Judge how can hearsay be used as evidence? How do I know that another debt buyer does not say they own the same debt and next month will ask me for the same 9k? He barely looked at me and said the request to strike is denied. I stood there shocked and I began to tear up a bit. I quoted a Federal Rule of Evidence 106 requires that I be shown all the documents related to bill of sale. Judge quickly stated Miss DeBartolo this is an Indiana Court. I replied Does the Federal Rule not apply to all states...he snarked No it does not.

Then scumbag JIM proceeded to talk...all a bunch of marlarky if you ask me...about how no one likes debt buyers(NO kidding) and that Midland has had it's fair amount of lawsuits(I can see why they are crooks). He goes on to state that Affidavits are always going to be questioned as hearsay just because they are a persons best recollection of the facts as they are known or some babbling BS. By then I was looking like the rest of the poor souls that left the court room. It was OBVIOUS JUDGE was a Creditor FRIENDLY Judge and all us debtors are deadbeats looking for entitlements or what ever.

Needles to say...I knew if I appealed...I would not win in this CONSERVATIVE ELKHART INDIANA Judicial system...so I agreed with scumbag JIM on a payment plan of 300/month.

I spoke with my debt settlement company about it....they are going to suspend my payments to them and finish settling my other accounts with the capital i have acquired with them.

Any suggestions on how to proceed or am I just screwed?


Diane from Indiana

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Sorry to hear this. You should have quoted Indiana law, and used Indiana case law. The judge is right, Federal law is not controlling, but state law likely mirrors the Federal.

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I have been following these board postings since I recved Summons in October. I used some of the forms..Request for Debt Validation  Request to strike Affidavit of  Debt and how to request dismissal  of Midland's MSJ.

On 2/14/13 I showed up one hour early to my hearing..I thought I was pretty prepared...I read tons of things on internet about how to fight JDB's and I had my notebook with my opening statement...first to strike affidavit...obvious it was a robosigned one...second there was no bill of sale from Equable to Midland even though in the Affidavit it stated Midland "acquired" account from Equable, Midland did not show the Chain of Title from original debtor WAMU/Chase to Equable then to Midland...this alone should have been a red flag to Judge as it gives Midland no reason to sue.

As I was sitting outside the court room several people were filing in mostly poor and most of them were Midland Funding Lawsuits. The clerke directed them to speak with Attorney Jim Boscia of Boscia, Bowman and Vician a Lawfirm out of Merrilville IN. I am in Elkhart County Merrilville is 100 miles to the west...but I digress...the point I am trying to make is this Clerk called the Attorney by first name JIM and they were on friendly terms....my gut dropped to my feet....I am screwed.

When it was time to go in...I gathered all my papers and went to sit down. In comes the scumbag JIM with his lap top followed by several misguided obviously scared and very unprepared defendants. In comes Judge Lewis, we all RISE and clerk calls 1st case. JIM goes to stand in front of Judge with laptop in hand...opens lap top...he smiles at clerk(she remarked earlier that if she keeps things in the order she has planned he owes her a BLIZZARD from DQ down the street..REALLY???) I knew then I was in trouble. Anyhow the first case is open and shut the defendant was Hispanic, required his grand daughter to interpret, he kept his head down obviously shamed by this event. No rebutal on their part. Judge awards judgement without looking up at defendant. Down goes the gavel and I begin to get real nervous. A couple more cases go by all of them open and shut...gavel down....instant MSJ awarded.

My turn...I walk to the Judge and open my little book with my well detailed notes...the Judge reads the orginal summons, then my request for DV, then my request to Strike Affidavit of Debt and request for Dismissal. Judge has my well written request to Strike Affidavit....I said to himthat this Affivadavit was flimsy at best. He remarked why do you say that. I remarked b/c the said Affiant for one is not present in court ..he states she is not been subpoened I nod I know this youir Honor...but this Affivadavit is Hearsay b/c she states that I as defendant owe Midland 9923.74 . She also stated that Midland acquired this debt from Equable Ascent but did not show a bill of sale. I asked the Judge how can hearsay be used as evidence? How do I know that another debt buyer does not say they own the same debt and next month will ask me for the same 9k? He barely looked at me and said the request to strike is denied. I stood there shocked and I began to tear up a bit. I quoted a Federal Rule of Evidence 106 requires that I be shown all the documents related to bill of sale. Judge quickly stated Miss DeBartolo this is an Indiana Court. I replied Does the Federal Rule not apply to all states...he snarked No it does not.

Then scumbag JIM proceeded to talk...all a bunch of marlarky if you ask me...about how no one likes debt buyers(NO kidding) and that Midland has had it's fair amount of lawsuits(I can see why they are crooks). He goes on to state that Affidavits are always going to be questioned as hearsay just because they are a persons best recollection of the facts as they are known or some babbling BS. By then I was looking like the rest of the poor souls that left the court room. It was OBVIOUS JUDGE was a Creditor FRIENDLY Judge and all us debtors are deadbeats looking for entitlements or what ever.

Needles to say...I knew if I appealed...I would not win in this CONSERVATIVE ELKHART INDIANA Judicial system...so I agreed with scumbag JIM on a payment plan of 300/month.

I spoke with my debt settlement company about it....they are going to suspend my payments to them and finish settling my other accounts with the capital i have acquired with them.

Any suggestions on how to proceed or am I just screwed?

Diane from Indiana

Thee seems something totally wrong here.

 

You are working with a debt settlement company, and they have accepted payments from

you by way of this company.... yet they sued?

 

Also, I do ot know your state laws but seems to me that they sued you in the wrong

jurisdiction. Should it not be in your county, or is that the closet courthouse to you?

 

These two things alone really bother me.

 

I think appeal IS the word.

 

Can you appeal to a higher court?

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In response to the post reply....my debt settlement company tried to work with Midland and they would not budge on price b/c they knew that this particular Judge (Judge Lewis) was creditor friendly.....and they knew they could get the entire 9k. Midland filed in the county in which I live....the county that is extremely conservative....

Anyhow I forgot to relate that I stayed after my turn with the unHonorable Judge LEWIS to speak with the scumbag JIM.....about the amount to pay each month...anyhow I was sitting in the court room and this well dressed gentleman is next on the docket....He goes up and stands with scumbag(SB) JIM and pulls out his briefcase and begins to present a perfect defense....qouted Indiana law and court cases that mirrored cases just like ours....a case that dismissed the Affidavit of Debt as hearsay...

Also the point that I tried to make....the chain of title....and no bill of sale...how could this debt be mine without a chain of title...how am I sure this is the same debt I owed the OC. He was impeccable...actually presented a better case than SB JIM, ,,,,,the Judge stopped him dead in his tracks...he told him he already stated his arguments and restating them over and over are not going to make his case. I was LIKE WHAT? I heard SB JIM repeat himself numerous times...it is painfully obvious that no matter how much you prepared for this ....going to court with this Judge was a waste of time....the Judge actually told him he was wasting the courts time....REALLY....how terrible and unscrupulous...unethical was that? I am glad I did not waste any of my hard earned money on an attorney....

anyhow...so what would you guys do?

I am thinking appeal but on what grounds...and yes If I appealed I would get an attorney.....

or should I just pay these guys off....I mean I did owe 9K just not to them....I am torn....HELP

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Since you didn't make your case using the right case law, I'm not sure you would get anywhere on appeal.  That being said, it wouldn't hurt to talk to an attorney and see what he or she thinks could happen. 

 

Sorry this happened to you.  

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I agree.

 

Robo-signed affidavit is nothing new , attorney general of MN sued Midland for that. A class action was filed I believe in OH " Brent vs Midland Funding LLC"

 

Go see a consumer attorney to sue midland.

 

Give JIM a post valentine gift , BLIZZARD  a bit more expensive than DQ.

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I wanted to add to my post...sorry I am obsessive about this but I just can not get this out of my head!!!!!! Why did the Plaintiff not have to show a chain of title...why did they not have to present a bill? The Affidavit should have been dismissed I did quote a case in Indiana where the Affidavit was considered hear say!!!!!!!!!!!! I can not stand the fact that these people get to keep 9K ...when they did not pay but maybe 1 grand if that much....it is extortion!!!!!!! Where is the public outrage????

This should be illegal...this is no different than loan sharking???They just break your legs in court!

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If it were me, I'd see if there's a NACA attorney in my area.  If there is, get a consultation with him and see where you stand.

 

You brought up the bill of sale and the fact that they haven't proven they own the debt.  That's the issue of standing to sue.  An appeals court can only hear argument that you made with the lower court.  Since you did bring up the issue of standing, you could bring it up in an appeal.  The problem might be case law.  Since you didn't use any Indiana case law to support your argument, I'm just not sure if that would prevent the appeals court from hearing your case.

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"when they did not pay but maybe 1 grand"

Midland buyes debts for 1.5 to 3 cents on the dollar.

Did you go to the courthouse and do some reconnaissance prior to your trial,I think you would have seen a pattern where the judge is not pro se friendly and wants to clear his docket and help a buddy win,when i saw this happen i filed for trial by jury x 3.Most of the judges in pretrial are judge pro tem or judge pro tempore.The lawyers volunteer for judge pro tem.

 

That sucks what happened,no matter what you did you would have lost under those conditions.Its not right but the debt collectors have filled the court systems to capacity,and now they use expo centers as court rooms with local lawyers as judges. I dont think coltfan could have won in there.

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I would also look into trying to break up the good ole boy network of the judge and his buddies. Take it to the news media if you have to, show them that they are brow beating the people.

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I did do some research and pulled a couple months of civil suits and 90% were with Midfland and 100% were judgements in favor of the plaintiff. I am sure the good citizens of this state do not have a clue what a racket occurs in our court system with Judges that allow this scam...I am going to call news station see if they are interested. Maybe get an investigation going....I mean I fell on hard times....lost 40k in income and had to chose between Credit Cards or my house, and car. What you think?

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I wanted to add to my post...sorry I am obsessive about this but I just can not get this out of my head!!!!!! Why did the Plaintiff not have to show a chain of title...why did they not have to present a bill? The Affidavit should have been dismissed I did quote a case in Indiana where the Affidavit was considered hear say!!!!!!!!!!!! I can not stand the fact that these people get to keep 9K ...when they did not pay but maybe 1 grand if that much....it is extortion!!!!!!! Where is the public outrage????

This should be illegal...this is no different than loan sharking???They just break your legs in court!

 

I wanted to add to my post...sorry I am obsessive about this but I just can not get this out of my head!!!!!! Why did the Plaintiff not have to show a chain of title...why did they not have to present a bill? The Affidavit should have been dismissed I did quote a case in Indiana where the Affidavit was considered hear say!!!!!!!!!!!! I can not stand the fact that these people get to keep 9K ...when they did not pay but maybe 1 grand if that much....it is extortion!!!!!!! Where is the public outrage????

This should be illegal...this is no different than loan sharking???They just break your legs in court!

Because you are in Indiana my friend. Thats how these Indiana courts work. Indiana is not a consumer friendly state. Plus there is a huge buddy buddy system in this state.

 

I have a case right now in Indiana over sewer liens, The Indiana Supreme court has ruled in several cases that the owner of a property is responsible for the payment of sewer bills, but the county court seems to think that Supreme court case law holds no weight in this county. I lost my first round but will file motions soon.

 

Get used to this, Indiana judges are just that way. Thats why lawyer in this state are not willing to help with a debt collection case, they know what the judge will say, and there is no money in it.

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Sorry to hear about your experience.  I don't think it is just Indiana though.  I am in Florida and went to observe prior to my Pre-trial conference.  There were maybe 10 lawyers in a group at a table just clipping off the case numbers for the court administrator as fast as they could go - and of course 98% of them were defaults from no shows.  It is amazing the amount of money they won in just the couple of hours or so I was there.  And the attorneys were all chummy with the administrator and clerks - joking and laughing.  If the courts cut this off (along with the foreclosures) they wouldn't have any income with all of the state cutbacks.  It is really a sad state in our country for this to be the status quo. 

 

I hope Elizabeth Warren is working on something that could stop this - she should be.  I think the country would be shocked if 60 minutes did one of their investigations on this.  Maybe everyone on this site should send a mass letter to their producers - nothing short of that is going to change it I'm afraid.  I'd check into BK for sure and get a fresh start.  Best of luck to you.

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It's ALL about the judge you get. My area is very, very conservative and my judge was wonderful. The rent-a-lawyer that comes in is from several hours away and NOT a local person. Very clannish here, the judge was obviously not fond of the lawyer coming in from the big city to go after his friends and neighbors and they weren't buddy-buddy.

 

Sorry this happened to you.

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Sorry to hear about your experience. This might make you feel better, in my county in northern Ca a defendant hired a lawyer who filed a cross complaint against midland and midland is bleeding money on this case. Midland has stopped using rent a lawyers and flying there in house attorney 600 miles north to fight the motions defendant has filed. Midland had to turn over the forward flow in one. The trial is next month and I plan to be there front row to hopefully learn and to see midland get a beating.

Good luck to you!

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I wanted to add to my post...sorry I am obsessive about this but I just can not get this out of my head!!!!!! Why did the Plaintiff not have to show a chain of title...why did they not have to present a bill? The Affidavit should have been dismissed I did quote a case in Indiana where the Affidavit was considered hear say!!!!!!!!!!!! I can not stand the fact that these people get to keep 9K ...when they did not pay but maybe 1 grand if that much....it is extortion!!!!!!! Where is the public outrage????

This should be illegal...this is no different than loan sharking???They just break your legs in court!

You are not going to get this court to change their mind. You hadn't preserved issues for appeal and had conceeded the field by agreeing to payments of 75 dollars a week. Seeing this all going on why didn't you request a recusal?

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If you appeal, get it into the works now. Usually you have no more than 30 days to file. Use Google Scholar, search Indiana Appellate and Supreme Court cases. Those are binding on the lower courts. The rule of evidence (statute number) that covers affidavits or admissibility of business records would be your keyword. If you find a couple of SC cases, that's good case law for an appeal. You have to show the appellate court that the judge made judicial error by ruling the way he did. If he went against the higher courts, he'll be overturned.

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By any chance Was there a court reporter present ?

 

If so, can you get a transcript ?

 

If I were you I would start the appeal process right now, I don't know if a judgement requires you to post bond but I sure heck will make every bit of effort to make the case go to a higher court.

 

This is a JDB we are talking not a creditor, make a case law out of it , similar to "Askew vs CACH"  in MO or Velocity invetsment LLC vs Alston in IL. Both were pro se.

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OK I got a question??? How come I am paying the Clerk, Elkhart SUperioe Court No 6 instead of Midland Funding the jacka$$$$ that sued me?????

THis is all so sickening..they are in bed with these Debt buyers and the good citizens of Indiana are in the dark.

I can not file BK make too much money....I am with Debt Settlement company for 4 years now and this pops up.

I am befuddled and just lost.

I contacted all local stations (news) via e,ail and facebook...zero replied...should I try to contact 60 minutes. I mean this is a real travesty and with the american people hurting financially..seems that the news would love to get ahold of something like this.

ANy suggestions or ties with news people?

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OK I got a question??? How come I am paying the Clerk, Elkhart SUperioe Court No 6 instead of Midland Funding the jacka$$$$ that sued me?????

THis is all so sickening..they are in bed with these Debt buyers and the good citizens of Indiana are in the dark.

I can not file BK make too much money....I am with Debt Settlement company for 4 years now and this pops up.

I am befuddled and just lost.

I contacted all local stations (news) via e,ail and facebook...zero replied...should I try to contact 60 minutes. I mean this is a real travesty and with the american people hurting financially..seems that the news would love to get ahold of something like this.

ANy suggestions or ties with news people?

Hi I used to work at KCRW which is one of the biggest public broadcast stations in the US. Warren Olney's show is syndicated I believe, To the Point, I have been thinking about contacting him about all of this JDB suits and what is going on in these court rooms. Let me see where I can get. You could also contact him on their website. I might call his producer because I could probably get through. I often go by the station and say HI so I could even walk up the exact persons desk. If I was you I would also contact NPR their main office is LA.

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Hi I used to work at KCRW which is one of the biggest public broadcast stations in the US. Warren Olney's show is syndicated I believe, To the Point, I have been thinking about contacting him about all of this JDB suits and what is going on in these court rooms. Let me see where I can get. You could also contact him on their website. I might call his producer because I could probably get through. I often go by the station and say HI so I could even walk up the exact persons desk. If I was you I would also contact NPR their main office is LA.

http://www.kcrw.com/news/programs/tp

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Thank you I will check out the website and drop a line.  I am so put out about this all....I called the court....paying the court is actually protecting me. So I am ok with that....so midland can not come back and say ...she did not pay on time blah blah blah.

I won't appeal do not have it in me....won't do any good in this state....I will pay back what I owe and go on about my life....To anyone thinking about going with a debt settlement company...make sure your state does not allow CA to levy your bank accounts, house and cars....INDIANA SUCKS!~ That is what happens when you have Republican Governors and Republican run state govt. ....they take care of business and screw the little guy....

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