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Midland funding/short calendar/must answer asap


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I really need help... I received from the court a "short calendar".   Midland funding is named on the notice. The court date is 4/22.  The notice says civil nonarguable matters.  On the back are instructions on how to answer.  Maybe someone is familiar with the wording and answer choices.  I do not understand how to answer that would best for me.  My choices are "Ready", "Take Papers"  or "Off".  (also looks like I could file a "Request for Argument")

I think I messed up.  Just read the time to call and it states by Thursday 4:00. (today is Thursday, and it is well past 4)  I thought I would have till tomorrow to answer. Oh no...  that changes things.. now what?

 

This is in my hubby's name.  He will not go to court and say "this is not mine".   Did that a couple years ago and ended up with a judgement (from Chase bank) and just paid that off.  Obviously, I want to do what won't get me another judgement.  

 

Thank you..

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You cannot fight the suit for him.  You could do all the paperwork and hope for a dismissal, but if he is not willing to appear on 4/22, and deny the debt, then he may as well contact midland and ask for a settlement.  I don't know why he has a problem with that, you owe the debt to someone, but make midland prove it is to them.  They bought your account for less than 10 cents on the dollar.  Good luck.

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I agree that against midland fighting will be the only way. If he doesn't then they will get a judgment anyway. he can say that the complaint is vague and ambigous and that we need discovery to see what they are talking about as you lack information and belief as to the truth of the allegations you would have to deny their complaint and must necessarily have discovery also to find out what they are alleging.

 

However if he will not go then you will have already lost. if he does fight you will delay it for a while which gives you time to prep for other options. with the limited info you gave so far, I can say that you can beat midland. If you will fight, I will help you to fight. You just have to lose the fear of losing, once you start kicking them in the stones they will want to dismiss or settle.

 

I await your decision. and don't worry I lost before also but fight on I am still fighting them at every turn and haul them in court for every little thing they do wrong. I understand how tough it is to get a spouse to want to learn all this stuff. Let us help you guys. and if you don't want to fight we can help with other things such as settlement and such.

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Hubby will go to court, just does not want to use the defense that this is not his account.   When I spoke to attorneys office a month ago (wanted to avoid going to court, I know I shouldn't have, but did)  They would only accept 85 percent of debt.  I do not have that.  My husband is willing to work out a settlement offer when he goes to court, to avoid a judgement.   What should my next move be?  It looks like I missed the date to call in my answer.  I will have hubby try calling anyways today,  what should he say?  

Thanks..

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If I get someone on the phone at court, what should I say?  The lawyer has sent photo copies of bills ,this is what Chase presented last time when hubby went to court and judge felt that was all the proof he needed and decision resulted in judgement against husband. 

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I want to add that I did talk to lawyers office to set up settlement arrangement.  They sent me paperwork to sign and amounts to send.   I didn't sign anything.  I did not like the wording that I agree to a judgement and didn't even go to court.  I also did not like that they wanted 85%.  I have not talked to lawyers office since then.  If we go to court and say this is not my debt, don't they have me admitting that it is mine by the phone conversation?  

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Hubby will go to court, just does not want to use the defense that this is not his account.  

Need to let your hubby know that, the basic argument is making the PLAINTIFF PROVE it is your debt and that they OWN it.

Most times, they can't....

 

All the cases that are won here on these forms aren't won because people denied that is was their account.

 

Most won, because the Plaintiff could not prove that they OWNED the debt,....to be able to collect on it. ::punk::

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I want to add that I did talk to lawyers office to set up settlement arrangement.  They sent me paperwork to sign and amounts to send.   I didn't sign anything.  I did not like the wording that I agree to a judgement and didn't even go to court.  I also did not like that they wanted 85%.  I have not talked to lawyers office since then.  If we go to court and say this is not my debt, don't they have me admitting that it is mine by the phone conversation?  

 

Trying to work out a settlement to avoid the costs and hassle of litigation cannot be used against you.

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What is the title of the matter that was on the short calendar? Was it a motion, what? If it was non arguable, that means you cannot go to court and argue the matter. You can request oral arguments but most likely it will be denied. The "take papers" etc is incumbent upon the person who filed the motion, not you. They must "mark" the motion as take the papers etc and send you a copy of the marking. If they do not mark the motion the court will take no action. NA motions are not that important, give us the title of the motion.

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Paper from court says "Motion for Default".  Also, I just notice a paper from attorney that says "be advised that our office is marking the upcoming short calendar motion take papers with the court."  What does this mean? what should hubby expect?   

 

Any advice please?  Court date is tomorrow morning..

 

thank you

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It means they are going to court to get a default judgement.  If you go and deny, they will set it for trial and it all begins.  If your hubby goes and admits, it is all over, and they will get the judgement for you to pay.  Hubby needs to deny, he isn't lying, he doesn't owe money to that company, he didn't sign a contract with that company, make them prove they own the loan. Good luck.

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Paper from court says "Motion for Default".  Also, I just notice a paper from attorney that says "be advised that our office is marking the upcoming short calendar motion take papers with the court."  What does this mean? what should hubby expect?   

 

Any advice please?  Court date is tomorrow morning..

 

thank you

 

Take papers means that the judge will do just that, he will take the papers submitted by both sides and make his decision based upon them. You do not go to court for a non-arguable motion. The date means little, all that means is that short calendar motions are heard on Monday, that is the date they gave you. If you did not file an objection to their motion, it will be granted "absent objection." Default for what? You didn't say. If it is for failure to plead, which means you did not answer something they sent, it can be fixed. That is usually what defaults are used for in your state. This is probably not a case ending motion like summary judgment would be.

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