jrg24

Being sued by Midland with Stillman Law Office as Attorneys

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Thanks Everyone it is nice to have some of the stress gone,

Here are the details play by play of course :)

 

 

 

I arrived on time and in proper attire(was amazed at those who showed up in sweats) there was about 20 or so people in the courtroom most there for eviction processes. The Judge asked if anyone was ready to go and a different Stillman Attorney popped up and asked if I was there I acknowledged that I was indeed there.

The Judge asked if we wanted/needed to talk or reach an agreement to which Stillman stated that the office tried to over the phone and that I wasn't interested (they did call but only  wanted me to admit that this alleged debt was mine, told them they haven't proved  that the alleged debt is mine or that even own the alleged debt that they are trying to collect  on, she said well I will have our Attorney talk to you before the hearing, I said sure thank you  have a great day.)

 

We then approached the bench and the Judge gave Stillman the floor he started out with the usual credit card statements, bill of sale, everything that was attached to the MSJ.

Judge then asked me what I had to say...now I was shaking and nervous but I managed to say that the documents attached where not authenticated, and that they are relying on a stale affidavit and that the documents they submitted where redacted showing nothing with my alleged account number and I could have easily made myself on Microsoft word,(I think I got that line from Savior ;) thanks)  the Affidavit they supplied with the Bill of Sale clearly states a pool of accounts where sold nothing that connected me to the alleged account. I also said that I asked for them to supply a contract through Discovery which they didn't.

 

The Judge then asked if I requested that item they replied "The defendant very well could have." the Judge then said "well what exhibits do you have the prove this is the defendants account?" the attorney said "well we supplied the Bill of Sale" I said "it is not authenticated, and the affidavit they supplied states a pool of accounts, not the alleged account" the Judge looked at me and said "You never denied that you owe this money did you? I said I did in my Defendants Affidavit, I said that I couldn't acknowledge or deny since there wasn't anything but a stale affidavit attached to the Complaint. He then said I saw your affidavit and you were very careful not to admit anything. Then he said Do you owe this debt or not? I said I don't know I have had a line of Credit with this company and I have paid it off so I am not sure that this isn't the same debt that I paid off. He said where your records? I said I don't have them your Honor he said why not I said I don't know I do not have them, he was a little upset said that I was talking over him which I wasn't I simply answered his  question but I apologized anyway he said thank you.

 

He then turned to the Attorney and asked what other exhibits he had he then again pointed to the Bill of Sale and the Affidavit the Judge looked at both kept turning back and forth seemed like forever then he says I have been telling your office that they need to be better organized with these exhibits, and I had to say that again this morning as well , were you here for that case? The Attorney said Yes Your Honor Judge says and looking through this I see that the date of the bill of sale is before the affidavit, and the defendant is correct in stating that the redacted sheet could be made on any computer including the defendants, is there anything else that you have that will connect the defendant to this account?

 

The attorney said I will have to go back to Midland and ask for that information, the Judge says well based on that I am denying your MSJ at this time and I believe the trial is this afternoon correct? We said yes the Attorney said at this time we ask that this be dismissed without prejudice.

The Judge says do you agree to this? I said I would prefer with prejudice. He said I cannot grant that based on what I have before me today, so I agreed, and shook hands with the Plaintiff, and sat back row of the courtroom. 

 

The next case was LVNV I believe and they reached an agreement in the hall the guy had to pay 3500 in one month he never said a word except Yes bet he was ticked after watching my case. That was crazy.

 

 

Anyway waited for my signed copy went out into the hall and the Attorney met up with me and my spouse said that there was a 1% chance that Midland would re file and he was happy that I won since he has been asking for the appropriate documents for years and maybe they will finally get what they need, if they continue to loose. I promptly went to the clerk and made sure they removed my trial for that afternoon, and left the building.

 

 

SMILING

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