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Lost to Midland summary judgment - Disgusted with the courts


Bunovitch
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At first I thought things were going to go my way when the judge was questioning the chain of assignment but apparently he convinced himself that their "chain" which really wasn't a complete chain from OC to Midland (which I pointed out, numerous times) was somehow valid and a reason to grant summary judgment.  I did everything I could - I responded timely; researched case law and included everything but the kitchen sink in my paperwork, yet in a thoughtful, cohesive manner.  In the end, it was 5 minutes tops where I barely got a chance to speak and Midland apparently doesn't need to even answer discovery in a timely fashion.  I'm thoroughly disgusted - the icing on the cake was the same judge lifting a no contact order on a pedophile immediately preceding my hearing!

 

I think it goes to show that sometimes, unfortunately, it really does all boil down to the judge.  If I had the money, I would continue the fight but I'm about tapped out and it's at least $325 - $500 to continue for a debt that isn't all that large by most standards, even with the attorney fees. I have contacted another attorney already to explore the possibility of any FDCPA violations and am waiting to hear back from him.  I'm sorry to say I had to set up payment arrangements for now, because I can't afford to be garnished. It's something I can live with financially for now, but emotionally, it's going to take it's toll to pay a debt that I don't believe I owe.

 

I have to thank this forum for providing me the info I needed to fight in the first place.   Very grateful there is a place like this for those of us who must go it alone.  Even though I lost, I must express my appreciation for giving me a chance.

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I just went to court today so I don't have the official decision yet.  I would definitely like to appeal but the $ is a factor.  It's $500 just to appeal to a higher court (I stopped at the clerk's desk and asked). I don't have that kind of money, unfortunately.  That's about a quarter of what the entire judgment is.

 

I'd be happy to post the decision once I get it though.  I don't know how long that will take. 

 

ETA: How long do I have to appeal?  I'd like to keep that option open, should I run across the funds.  I'm also planning on contacting the MN AG as the affidavit used in my case (Jessica Fiecke) is identical to at least one other case I've ran across on this board alone and a couple of others doing a Google Search.

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