hot in az

My Two Year Case with Midland

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The appeal here is absolutely the "final remedy"?  There is absolutely no avenue whatsoever for a Defendant to challenge Harris' interpretation of Parker? Is there any hope that someday some Defendant with sufficient resources can somehow challenge Harris' interpretation of Parker?  Suppose Harris retires. Is her interpretation binding on another commissioner?

 

Appeals from Justice Court have but one level of appeal remedy; that is to the Superior Court,  Lower Court Appeals Division (it's not even a Court of Appeals). The rulings from this Court are final.

 

If someone were to get sued in Superior Court, parties could appeal from there to the Arizona Court of Appeals.  If the parties didn't like the CoA ruling,  they could appeal to the Supreme Court of Arizona. The problem is most debt lawsuits are in Justice Court, and debt lawsuits in Superior Court seem less prone to go to appeal (perhaps it's just that there are fewer cases overall or maybe plaintiffs facing appeal are more apt to make an irresistible settlement offer or simply drop the case).

 

Judges at Harris' level serve at the pleasure of the Presiding Judge and rotate every 2-3 years with a minimum assignment of 18 months.   She's been on the bench for about 2 years so she is probably just past her 1/2 way point.  Her rulings aren't binding on any court except the one for which the appeal ruling is directed at. Having said that,  I find it very unlikely her replacement would come to a different conclusion re: Parker without some more recent supportive ruling from a higher court. After all, they all eat lunch together in the cafeteria.

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Hot in AZ

 

Wow,   I still hope you post your case since would like to review it although I have nothing pending at the moment but am anxious to see the Courts discussion of Parker.  With some JDB and creditors, you still may be able to argue the reliability of the records. 

 

Sometimes we can learn how to change approaches by examining losing cases, but, of course, that doesn't help folks like you that lost the case. 

 

BTW Hot I think you missed redacting (black out) your name on one of the pages in an earlier post.   I think you are P&PP if I had to look up court records.   However be helpful for us if you would post just be sure to be careful if want name left out. 

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Thanks, I am PP and PP  LOL.  I don't care if my name has been out.  All my friends and family know I have been litigating this.

 

And to tell the truth, I would almost rather pay Midland than Chase. JP Morgan Chase is an evil entity, who 18 years ago gave money to a program called smart meters. They are on all our houses, except for myself and the people who opt out for $20.00 a month.  Midland bad too but aren't trying to physically harm me.

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PP - I agree not that serious to have name out, there is nothing in the court documents like SS# which you don't want since can lead to identify theft.  But nothing in Court records especially if civil case to be concerned about. 

 

I agree Chase a well as BofA, Wells etc totally defrauded people trying to get loan modifications under HAMP.  The attorney General of Arizona twice had to file consumer fraud cases against BoA before the national settlement.   Banks made $millions by foreclosing not modifying since most were backed by Fannie or Freddie.  So the taxpayers took the loss on foreclosures and the banks made gobs of money in foreclosures.  Lots of former employees telling how they would just destroy paperwork coming in to use the excuse they didn't get documents.    Even info sent by the AZ AG was "lost" when set from homeowner that complained to the AG and the AG sent in required paperwork that  got "lost" (destroyed by the banks) so they could foreclose and make huge profits.

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A year back I posted on my thread about Agenda 21 and what is coming.  The whole bank fraud  and consequent bailout was planned.  The people who had to short sale their homes still had tax implications.

 

I have spent the last three years not only fighting JDB's but trying to inform people of what their real concerns should be.  Our lack of monitoring our own government. I know this is not a political forum, but it is a means to try to wake  people up.  Whether credit wise or it's important to know what is happening in our country!!!

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There is a consumer atty who has a case in Court of Appeals and 2 in superior court. He has had better luck with Commissioner Mcclellan who I thought I got.  

Do you have the case number or names of parties we can follow?

 

I have some ideas to overcome Parker but am anxious to see P&PP's latest ruling by Superior Court. 

 

I think there have been some cases lost on the 3rd SOL argument but not sure it has gone up to the Court of Appeals 

 

I am unfortunate enough (or maybe fortunate if any sue me) that I have a proven identity theft. I was contacted by the IRS when a bogus return was filed in addition to my real return.  Bogus had of course a refund and my real return owed a lot.  Spent about 2 hours with the IRS agent on the phone to prove which filing was really me.   They had me file a police report and there is a Credit Warning for fraud on all the credit card companies reports on me. 

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I don't but John Skiba is representing them. I thought there was a way to check cases in appeal. Maybe Goody knows. My first appeal there was no witness.  And a whole lot of other things wrong!!.  The second trial they got a change of judge who allowed a telephonic witness.  So pretty much before I got to trial I knew I would lose.

 

And Harris said if they remedied what they needed (the witness) they would prevail. And of course the witness admitted she does 30-40 telephonic trials a month.  And that is because Midland Funding has no employees so MCM can verify MF accts.  They are reworking things to overcome previous objections.

 

Look realistically, if we can all settle a debt for 30-50% of whatever we owed anyone we are better off. I have not payed anything on a debt for 6 years.  No interest, no principle. I have had no need for credit.  That's how America used to be.  Barter or pay cash.  I am happy to be done with credit.

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Well , a continuing update.  They sent a couple weeks ago a writ of garnishment  and summons(which has to be served ).  And I made a settlement offer.  For one, I want it gone and two my hubby is retiring soon which will not satisfy  a judgment garnishment.

 

So today I get  a request for hearing and the answer of the garnishee)my hubby's work , as I dont work.  They want to deduct 100.00 monthly.

 

So, I am deciding that if they won't settle for one lump sum  just to file BK and say screw them.  I haven't needed credit since 2008  and this seems like a better option.  Thoughts to the very helpful forum???

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They've spent everything they will ever spend to collect this debt from you so I don't see that they have anything to save by 'settling' at this point.  What do you have to offer to make it worth accepting anything less than the full judgment amount?  With accruing interest, they actually make more money by taking monthly payments from you, so they have that carrot dangling in front of them.  I know what I would say if I were Midland, but maybe there's another side of this I'm not seeing.

 

My initial thought was that compared to BK, $100 a month seems like a much better option if you could afford it. But then I started thinking about paying an $8300 judgment @ $100/mo.  That's 7+ friggin years!  I think if your intent is to pay anything, pay the whole thing (or whatever lesser amount they agree to) in a lump.  If you're intent is not pay the whole thing, then pay nothing and just BK.  7 years to pay a judgment is ridiculous. To put it into perspective, if you opened a new credit card today, ran it up and never paid on it, it would be off your credit before you paid Midland back their current judgment @ $100/mo.

 

Just had this thought: is your income low enough and your unsecured debt high enough that you can you qualify for Ch7 BK?  Since you are married, your spouse's income has to be combined with yours.

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I don't work currently so its only my hubby's income.  Also he is able to take full retirement in 2 years so they would only be able to garnish for 2 years.  Then we plan on traveling or camp hosting so there would be no income.  I am able to make a lower lump sum pymt but Bursey hasnt responded to my offer.

 

Wondering if I should call Midland directly?/

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What I meant about your hubby's income is that you couldn't file BK by yourself and claim $0 income.  They would consider his income as your income.

 

2 years of $100 payments is almost $2,500.  Seems silly to me to pay that (or anything at all, for that matter) knowing you have no intention of ever paying the entire thing.  At the end of the day it will be the same unsatisfied judgment either way.  One way you get to hang on to $2,500 more than the other way.

 

I'd call Midland.  Worst they can do is tell you to deal with Bursey.

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I agree with Harry - it's not only the $2500, but I'm sure they'll find a way to keep harassing you. Plus, you never know what life holds - there's no guarantee that you guys will be judgement-proof in two years. Best to get rid of everything now if you are means-eligible for CH7.

 

With your new-found legal skills you could probably handle most of the BK paperwork yourself and do a better job than a lawyer.

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I did the chap 7 means test  and our income level monthly is below what they allow and disposable income left is pretty low. I am going to try Midland  and see if they will try to settle this , if not looks like chap 7 is the best way, as I believe  they could attach a lien to my house.  Not sure on this but I do have equity so I think they could.

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Looks like 150K in equity is exempt, including for 18 months after sale, assuming it gets put in another house. I don't know about you, but if I had at least 150K in equity I'd make a lump payment and be finished with them.

 

AZ recently changed the BK exemptions to allow you to keep more stuff. I've heard that they are not really interested in going through your garage and taking old furniture, etc. (Frankly, if we could pass the means test, we'd welcome them in to take all of our junk so we could start over!)

 

Some say that the BK threat doesn't scare them, because they hear it all day, but others have said that showing them the completed paper work can make a difference.

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My first plan is to settle for an amt I can do and be done with them.  I know they have millions of cases and could care less about mine.    So what does a judgment really mean at this point in my life?  And what would a BK mean at this point?/ Funny how we never consider these things when we decide to fight.  I always thought if I lost I's try to settle.  However, my case from the beginning has been the most atypical Midland case ever.

 

So, if they try to sock me for it all I will Bk. Credit isn't all it's cracked up to be anymore.  Cash talks.

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So what does a judgment really mean at this point in my life?  And what would a BK mean at this point?

A judgment in AZ can be renewed every 10 years for an indefinite number of times.  It falls off your report after 7 years, but a judgment creditor can take legal action to collect the judgment for the rest of your life; and can take it out of your estate when you die. If you never have anything that can be taken, they will get nothing and that's that.  Goody had a point, though.  If you inherit a car or some cash from a relative or come into some other money that is recorded with the state, they can put a lien on the property or your bank account.  They can put a lien on your bank account anyway, actually, but that's easy enough to get past.

 

There's no way to know what a BK would mean for you personally, but one thing is for sure with Ch7.  All of your unsecured debt is gone.  poof.  One downside is BK stays on your credit report for 10 years and all that goes along with that.

 

Funny how we never consider these things when we decide to fight.  I always thought if I lost I's try to settle.  However, my case from the beginning has been the most atypical Midland case ever.

I think the lesson here (not for you, Hot, but for anyone reading this thread for the first time), and what I've been trying to get across to people for months now, is that people need to be thinking of these things from day one.  Don't assume you will win a trial.  In fact, I think people should proceed assuming they will loose a trial because that keeps their minds open to all options and encourages them to think outside the box on all the little procedural stuff along the way.

 

The other thing is that your case is not atypical at all.  It's the norm now.  Midland's lawyers know the formula they need to follow to win their cases and are following it nearly every time now.  Once in a while they will pooch it, but it's not common; not in the last 2 years for sure.

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The reason I want to settle is that this is my only debt. And I meant atypical just from the appeals stance. But is I could go back three years I might have settled at that first pre-trial conference knowing what I do now.

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Hello, all for one last post on this thread.  I said all along I would never pay Midland a dime.  I fought through 2 trials and 2 appeals.

 

Ironically, won the first one on my own, and lost the second one with an atty.  The same commissioner ruled for me and against me.

 

Filed BK7  and am surprised to be happy about it. Midland tried to garnish wages but not in time. And it was close!!!! I have lived a cash only life since 2009 and surprisingly it is easy and makes you think more about what you spend.

 

I could blame my super good job I lost for my downfall, but the more you make the more you spend. I took three years off of work to fight the fight here and got healthy,  reflective, and grateful for this site.  I wish the best to all who helped along the way. I wish the best  for all who are still fighting the fight.

 

No doubt , it is getting harder .  But hope for the best, and expect the worst. Bye from Hot in az

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Ecclesiastes 3:1-3:2

 

To every thing there is a season, and a time to every purpose under the heaven:

 

A time to fight Midland and a time to write a book about this.

 

Amen.

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Another option: Since you are going to be traveling in 2 years pick the most collector unfriendly state and move their on paper. buy a small piece of land and establish residency their. Then "travel" to Arizona to your house which could be transferred to a family trust. This would insulate things somewhat.

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Not an option but thanks Seadragon.  BK is the only way. 

 

I feel blessed to have found this site and great people. I know a few I have helped and am grateful for the ones who helped me.

 

After now 3 years I see the light at the end of the tunnel.  Of course there is still Agenda 21 and Monsanto, but that's my own mission to educate people.  Debt is really the least of our problems.

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Hi all.  I have one final update in my crazy Midland journey. I almost did not post but something Harry said in helping another az person, was that Midland 's right hand does not know what the left is doing. Also I thought you all might get a chuckle from the post. My last post was that I filed a BK7 because I lost my 2nd appeal.  But more so that Chase cancelled the debt on my Heloc. That meant a probable 1099c  and a huge tax implication.  

I had one vehicle and an atv that were not exempt and I had to bid on them at the trustee auction. I won the bid and had to pay the trustee  1/2 of what I would have had to pay Midland to keep my stuff.  So I was ticked they would get something from me after all.

But lo and behold, after the 90 day waiting period, they did not claim the funds.  They then had 20 days from the motion to abandon funds to still have a hearing and claim them. They did not , and the funds have been returned to me.  Also got a check from Midland for 250.00  for ????.   

The stipulation (Goody was there)  was if they wanted to bring suit against me again they had to pay the filing fee.  Also , never received a 1099 from Chase. They may have a couple years  to send one? So there you have it . The final chapter of the saga of hot  and piano lady.

Ironically, John Skiba has been winning some cases for people now. He said Your case came a little too late for the new ruling.  That's my luck,  OR  is it.??  I know that every one in Justice court knew me.  And I won my case in Superior court , so I like to think that perserverence  might have helped change things!!!

Good luck to everyone still fighting .  Be strong!!   Pam

 

 

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Glad it all worked out for you.  I wonder why they let that money slip away from them.

The 'new ruling' Skiba talked about has been undone.  Harris originally said Midland is not entitled to a presumption of accuracy on their records as she cited a CFPB consent order and then later recanted that finding while she coddled and fawned all over Midland.

http://www.courtminutes.maricopa.gov/docs/Lower%20Court/022016/m7204120.pdf

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I see this goes back three years at least and four other threads beyond that. A search of this thread doesn't show arbitration came up. Went and checked the other threads and see the Chase account went back to 2007, ended in 2010. AAA would have been the choice since the other option was NAF. Survivability clause in the 2008 agreement, Delaware choice of law. Arb was mentioned from the start but didn't seem to be pursued for whatever reason, looked like the focus became fighting this in court going after affidavits and other paperwork supplied by the Plaintiff.

Now I'm curious how well the lawsuit would have adhered to the CFPB litigation requirements Midland is under.

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