Jump to content

PARTIAL WIN...


Recommended Posts

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

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!

 

 

xThudx  - - - - - - - - - - - - - - - -  ::BigGun::

Attorney                                                 You

 

Way to go!

Link to comment
Share on other sites

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

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

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

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.

 

.

  • Like 1
Link to comment
Share on other sites

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

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

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

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

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

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

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.