mom34

Being Sued in Arkansas by Midland

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Just get your answer filed and read those links I sent you.   There is an absolute ton of info in those links.   You've bought yourself at least 30 days just by filing your answer and probably a lot more time.   But around here we don't wait on the other side to dictate how this will play out.   Once we catch you up to speed, it will be you throwing the punches and taking the fight to them.   That is what they are not expecting but what they will get.

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It seems I'm composing, while Coltfan is posting!  I'll step back now.

 

But, as mentioned, Coltfan is THE reason my TWO Midland cases from the same atty (district AND circuit) were dismissed (without prejudice)....over $10,000 total.... and now the SOL has expired so I hope he refiles!

 

During the whole process, I came to learn quite a bit, and have it all documented.  So when the time comes, I'm happy to share.

 

Read and research here, and remember:  even if you did owe this money.... it's NOT to Midland!  I leave you to the masters :notworthy: of this forum for opinions and guidance.  Good luck!

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I really appreciate all your help.

 

My biggest concern now is the last date I have to file.  I just hope they don't push that.  It should be today by my figures.

 

Thanks again!

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Just get it filed today and then don't ever wait until the last min again.   Actually there might be some waiting until the last minute but it will be part of a strategy from this point forward.   Just concentrate on getting the answer filed, that is all that is important right now.  If you have to leave work a little early, do it.

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Mary,

 

I helped my friend Jimmy, above, beat Midland and they were suing him for over 11K, and I think Jimmy did they not dismiss right after getting our request for admissions?   We beat Midland so much the cases start to all run together.  

 

That's right.  With fees and everything, it was little over 11k.  Yes, when he saw the request for admissions, his jaw dropped faster than the cases.  xjawdropx

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"A jury consists of twelve persons chosen to decide who has the better lawyer."

-Robert Frost

 

 

I thought it was 6 people (civil) too stupid to get out of jury duty.

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Well, I made it to the District Clerks office in plenty of time. 

 

But, here is a strange twist:  At the bottom of the form where I put the lawyers name, I put "defendent" instead of plaintiff!!

The Clerk noticed it and marked through it and wrote plaintiff.  She said you need to go and fix your copy and re-fax right away.  My work was closed and I said that hopefully I could still get in and do it.  She said, "here, lets just fax it from here!!!"  And then gave me the receipt from the fax machine!!  Can you believe that she helped me like that? 

 

Well, I guess I'm going to go study all the homework that Coltfan gave me to study!

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 Can you believe that she helped me like that?

Well it is defiantly not the norm, however, I know what court you were in and the area.   I'm sure you were humble, professional, and very respectful.  The clerk probably sees this type of stuff all the time, knows it's b.s. and the clerk probably was happy you were fighting so helped you.

 

Honestly, you've made a great stride already.  You want to embrace your pro-se role and David V Goliath.   You want the court staff on your side.   In one of my cases I always made sure to stop by and talk to all the staff and when the case was over they all congratulated me.   Nice job, you were prepared, made a routine rookie non-fatal error and the clerk decided you were worth helping.   Again, that is not the norm and usually it's just all business, so nice job !!

 

You've just bought yourself a nice chunk of time and have passed the most important hurdle to date.   Again, good job, you've now gone where about 98% don't.   You have a ton of work ahead of you but you've passed a major hurdle by filing your answer and deciding to fight.  

 

Now get to reading and start making a list of questions you have while reading, then start a new thread with those questions and we will all be along to help.   Make sure you post them in this forum and if you are willing to put in the work so am I/we.   We will defeat Midland.  

 

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Can you believe that she helped me like that? 

 

I'm glad things worked out for you!

 

I don't know much, but the best advice I can give people is to be nice to the court employees. The court employees are used to others being rude and taking out their anger on them. This doesn't just come from losing defendants, but also from some attorneys who may look down on them. You might get lucky one day and one of the jerks giving them a hard time might be the attorney suing you ;-)

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Coltfan I need to buy you a drink one day! Sir, you are the greatest, and did help me more than once!

 

 

He doesn't drink. He's like Bill O'Reilly, who said "If I drank I'd be in the penitentiary." However, a triple bacon double cheeseburger, four orders of fries, two chocolate shakes, three orders of onion rings, a 5 gallon pail of macaroni and cheese and one of Bruno's lasagnes might get The Great One firmly on your side. Or you could offer to pay his cleaning bill, barbecue stains are hard to remove from overalls. Oh, don't forget a bag of carrots and a box of sugar cubes for his horse.

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He doesn't drink. He's like Bill O'Reilly, who said "If I drank I'd be in the penitentiary." However, a triple bacon double cheeseburger, four orders of fries, two chocolate shakes, three orders of onion rings, a 5 gallon pail of macaroni and cheese and one of Bruno's lasagnes might get The Great One firmly on your side. Or you could offer to pay his cleaning bill, barbecue stains are hard to remove from overalls. Oh, don't forget a bag of carrots and a box of sugar cubes for his horse.

 

Well, that is good to know!  I just want to say again...THANK YOU to everyone on this site for their help!  You guys are the best!   :cheerleader:  It is nice to have help and someone on your side during this sort of stuff!

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Fellow Arkansan here that beat Midland and Lamb too!!! Just wanted to let you know that if you fight them back, they will bow out as ungracefully as they came. 

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I too received a civil summons from Midland (Junk Dept Buyer)

in the amount of $1,273. 94,  to go to court on May 17, 2013.  My summons did not state anywhere on it a time frame or even mention filing a response.  Only that I must appear in court and of course not being familiar with legal issues I did not respond.  So here I am 12 days before doing more research to see how I need to handle  this.  My summons also had the EXACT affidavit of Jessica Fiecke attached to it that I have seen in posts on the forum.  They apparently had filed the civil suit in January of this year which allowed them to avoid the Tennessee Statute of Limitations by 1 month. My family has been impacted by several events that have greatly impacted our financial status and I would appreciate ANY assistance in how to handle this matter.  PLEASE HELP ! 

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Joyce, please start your own thread in this forum and answer the 20 questions pinned at the top, you will get help.  This thread is mom34's thread.  Everyone will jump in on your own thread. thanks.  

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Thanks Shellie.  For some reason I am not able to post a new topic.  It could just be on my internet side not sure.  I will keep trying though.

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Joyce,  go to the top of this page and click on "forums" tab.  Then scroll down and click on "Is there a Lawyer in the House".  Then scroll down a little and on the right it has something like "start a new topic".  See if that helps you. 

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Hey I've seen that you all have a lot of experience with midland and Stephan p lamb? I'm in a situation myself with them for $9k. I replied with a consent judgement so I could make payments because I didn't think I could win if I denied it all. They made a mistake at first with the balance and I called to talk to the law firm and they lowered the balance to around 8700$ I made my first payment of 200$ and now

They said my balance is now 9200$ this makes no since to me at all and seems like they are trying to screw me because they don't think I can do anything about it. Any advice would be much appreciated! Thanks

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