whyMe82 Posted April 24, 2013 Report Share Posted April 24, 2013 ok...my husband and I just left court!! We were there 30min early (suggested from this site), while waiting I was prepping my hubby b/c I wasn't sure if I was going to be able to talk since I was not a part of the case! We went first due to his lastname being C (sighs), I was sooooo NERVOUS, well the Midland Atty went first stating we did not send ANY evidence proving otherwise, so when it was my turn (I was able to speak afterall) I just simply stated in laymen's terms, "the evidence Midland submitted was from Midland ONLY and Hubby never received a CC from Midland, what they did submit from Chase does NOT have any of HUBBY INFORMATION on it". The atty then stated they submitted a bill of sale, the judge politely informed him that he has it too and there is nothing on it stating HUBBY acct was PURCHASED, so atty tried to mumbo, jumbo, and muble some what knots which basically said, "I don't have anything of that nature, she didn't respond correctly so there is no need to challenge ANYTHING we submitted". Actual words of atty: "Judge usually Midland provides this, I don't know what happened, this has came up before", the Judge informed us atty has 7 days provide a document from CHASE that has HUBBY acct & info listed as a part of the sale!! So we ALL are patiently waiting with fingers crossed that such a document does not surface!! Thanks to ALL that helped me, I'm positive I wouldn't have made it thus far without this site!!! Link to comment Share on other sites More sharing options...
admin Posted April 24, 2013 Report Share Posted April 24, 2013 Link to comment Share on other sites More sharing options...
Flyerfan Posted April 24, 2013 Report Share Posted April 24, 2013 Great job. Even if it existed, they ain't gonna get it in 7 days. They've got a lot of defaults to process. You're finest hour! Hope it felt great as a pro se beating a guy who does this for a living! - - - - - - - - - - - - - - - - Attorney You Way to go! Link to comment Share on other sites More sharing options...
racecar Posted April 24, 2013 Report Share Posted April 24, 2013 "I don't have anything of that nature" I bet that midlands attorney was as nervous as you guys were. He had to try an prove his case without presenting any evidence to back up his claim. Nice work you two. Link to comment Share on other sites More sharing options...
BV80 Posted April 24, 2013 Report Share Posted April 24, 2013 Good job! You stood up for yourself and found out the attorney isn't quite so scary after all. I'll bet he's never been challenged before. I'm not saying this will happen, but it wouldn't surprise me if Midland dismisses rather than continue to fight. Is another hearing scheduled? Link to comment Share on other sites More sharing options...
whyMe82 Posted April 24, 2013 Author Report Share Posted April 24, 2013 no...the judge just told Midland to send us a copy and then we'll receive the final ruling!! Link to comment Share on other sites More sharing options...
shellieh98 Posted April 24, 2013 Report Share Posted April 24, 2013 crossing fingers for you! I seriously doubt they will. Unless the suit was for over 10k, then they may be working night and day on it lol. Link to comment Share on other sites More sharing options...
rte Posted April 24, 2013 Report Share Posted April 24, 2013 I just love posts like this! Good luck to both of you! Link to comment Share on other sites More sharing options...
whyMe82 Posted April 27, 2013 Author Report Share Posted April 27, 2013 Uh,oh...just received a letter from Midland...a regular sheet of paper no chase logo list hubby info name,date, acct #,looks like this: ______________________________________________________ FIELD Field Data ______________________________________________________ Last Name First Name Acct # Sale Amt Contract Date Address 1 City State Zip Code SSN Charge off Date Last Payment Date LPmt Amt COBal and at the bottom it says: Data printed by Midland Credit Management, Inc. from electronic records provided by CHASE BANK USA, N.A pursuant to Bill of Sale/Assignment of accounts dated 5/17/2011 in connection with sale of accounts fromd CHASE BANK USA,N.A to Midland Funding LLC looks like this Link to comment Share on other sites More sharing options...
nascar Posted April 27, 2013 Report Share Posted April 27, 2013 Fabricated evidence 2 Link to comment Share on other sites More sharing options...
whyMe82 Posted April 27, 2013 Author Report Share Posted April 27, 2013 What should my next move be? Suggestions and opinions welcomed!! Link to comment Share on other sites More sharing options...
Anon Amos Posted April 27, 2013 Report Share Posted April 27, 2013 What should my next move be? Suggestions and opinions welcomed!! Continue waiting out the 7 days for a document from CHASE, as the judge ordered. 1 Link to comment Share on other sites More sharing options...
BV80 Posted April 27, 2013 Report Share Posted April 27, 2013 and at the bottom it says:Data printed by Midland Credit Management, Inc. from electronic records provided by CHASE BANK USA, N.A pursuant to Bill of Sale/Assignment of accounts dated 5/17/2011 in connection with sale of accounts fromd CHASE BANK USA,N.A to Midland Funding LLC By admitting they printed the information, Midland has admitted that they created the record. They CLAIM the information came from "electronic records provided by CHASE BANK USA, N.A pursuant to Bill of Sale/Assignment of accounts dated 5/17/2011 in connection with sale of accounts fromd CHASE BANK USA,N.A to Midland Funding LLC". That's all it is...a claim based upon a record that they've admitted they created. Link to comment Share on other sites More sharing options...
whyMe82 Posted April 27, 2013 Author Report Share Posted April 27, 2013 I was thinking I still have some hope...so should I go to the judge on Monday or just wait to hear from the court? Link to comment Share on other sites More sharing options...
whyMe82 Posted April 27, 2013 Author Report Share Posted April 27, 2013 If this "evidence" was LEGIT wouldn't it have a CHASE LOGO printed like their Bill of Sale does? Link to comment Share on other sites More sharing options...
between the eyes Posted April 27, 2013 Report Share Posted April 27, 2013 Challenge the evidence as untrustworthy due to the fact that it was created for the purpose of litigation. There should be case law from Louisiana that supports this. Did they offer an affidavit that tries to authenticate this document? If the affidavit is from midland it will fail because the affiant lacks personal knowledge. . 1 Link to comment Share on other sites More sharing options...
whyMe82 Posted April 27, 2013 Author Report Share Posted April 27, 2013 No affidavit...just a plain sheet of paper handwritten case#. During discovery they denied having a forward flow document!! Link to comment Share on other sites More sharing options...
BV80 Posted April 27, 2013 Report Share Posted April 27, 2013 @whyMe82 What evidence from Chase did they provide that shows the exact information on that document? If they can't prove the information came from Chase, again, it's just a record they created with information they can't prove. Link to comment Share on other sites More sharing options...
Seadragon Posted April 27, 2013 Report Share Posted April 27, 2013 I think the judge would have to say no affidavit no evidence. was it signed by anyone or sworn anywhere. also you could object if you have to motion for new trial that they cannot use evidence not disclosed before trial this is the ultimate surprise at trial. I would however make written objection to it and file it on Monday. The court could say you didn't raise timely objection. for the purposes of recieving this you received it on saturday. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted April 27, 2013 Report Share Posted April 27, 2013 I would bring this to the judges attention immediately through an objection rather than wait it out. The first objection would be that this is hearsay evidence as Midland has no clue what is in Chase's files and how they are kept and the like. Without the affidavit, it looks like they fall on that sword. Link to comment Share on other sites More sharing options...
Anon Amos Posted April 27, 2013 Report Share Posted April 27, 2013 Even if they do have (or later produce) an affidavit, I would challenge and object to the document anyway. It would still not have been produced by CHASE (as ordered by the judge), it was produced solely for the sake of litigation, it is untrustworthy, and compiled of hearsay. Link to comment Share on other sites More sharing options...
whyMe82 Posted April 29, 2013 Author Report Share Posted April 29, 2013 Well...I went down to the courthouse prepared to object/challenge/argue this sheet paper Midland submitted and was quickly informed the Judgement was granted and he'll be served...(shocked look on face)!! So I calmly informed the clerk of court that Midland didn't comply with the jude's order these papers are not legit/authenticated she told me Midland submitted what they needed, so I showed her the paper she then informed me that wasn't what they submitted, so I asked what did they submit because again the judge ordered we get a copy aswell, she went on to tell me wait we can get you a copy of the judgement and all other copies. I waited, she handed them to me so I immediately began to search through the stack of papers and I saw nothing "new", so I asked her again, what paper was submitted she told me to call Midland and ask them..."ARE U SERIOUS?!! So my final attempt to hold a civil discussion with Ms. Ma'am, I asked were there any forms available to file an appeal, she attitudly(my word) told me to seek a lawyer, I work for the court? That was a simple yes or no!! Anyway, I reviewed the Judgement and it now states $5700, the original amt was $5083, we paid $2K, interest was $661, nothing indicated the $2K we've already paid!! Are there any other options besides hiring an atty or paying; and if we pay should we call Midland for the CORRECT balance?... Options, suggestions, and prayers appreciated!!! Link to comment Share on other sites More sharing options...
BV80 Posted April 29, 2013 Report Share Posted April 29, 2013 Read your rules regarding appeals. Was the judge's order to provide a Chase document a written order? If not, was the hearing in which the judge made that order recorded? If that's the case, I suppose you'd have to get a transcript of the hearing in order to show what the judge said and that judgment was granted despite the fact that Midland didn't produce what the judge said they needed to produce. Link to comment Share on other sites More sharing options...
whyMe82 Posted April 29, 2013 Author Report Share Posted April 29, 2013 Will do...I honestly believe the clerk of court just informed the Judge Midland submitted something and he just signed without reviewing because as I was explaining to her my issues with what they submitted she began to study the sheet, then she replied, they have a Bill of Sale, but I challenged the Bill of Sale which is why the judge ordered Midland submit something for sufficient!! #hmm Link to comment Share on other sites More sharing options...
admin Posted April 29, 2013 Report Share Posted April 29, 2013 Sorry to hear this. Keep us posted as to how your case goes. Link to comment Share on other sites More sharing options...
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