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ItsBacon

Midland in OK - **UPDATE!**

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Why yes indeedy you do smell pork products! It's your old pal Bacon here back to post again with an update on my case. I don't want to post too much here because I still haven't actually gotten the full on ruling from the judge yet but after four, yes FOUR fricken hearings with the jagoff lawyers for Midland I finally managed to get it dismissed. Without prejudice unfortunately thought I pushed quite hard for it but I'm just so thrilled that this is finally over. I will give a brief rundown though.

 

Hearing 1 - Show up in court, get called before the judge and find out to my horror that the response to msj I had mailed to the clerks (because they told me I could) had somehow never made it. I nearly have a panic attack right there in the court room because I'm convinced I've just screwed myself but the judge asked me for a brief oral argument to see if I had really prepared an answer or was just saying it to buy time. I start on my whole spiel, that the lawyers don't even have my name right, that the address on their initial court filing is an empty lot that no one lives in, let alone me, and I proceed to start tearing into the shady nature of the plaintiffs skeevy "evidence" that doesn't in any way follow any legal definition of admissible. The judge is grinning at me as he tells me that's enough, he believes me, the lawyer for Midland looks like he now has a brick in his pants. Judge gives me a week to get my paperwork filed and copies sent to plaintiff with the warning if I don't he'll rule against me. I get my butt to the clerks office and file immediately before walking outside courthouse and dissolving into a puddle of near hysterical tears as my nerves give out.

 

Hearing 2 - Due to the extended holiday weekend between hearings Plaintiffs lawyer tries to claim he never received his copy of my response. I pull out a spare I brought with this time after learning from last week and offer it to him then and there as well as produce the postal tracking documents showing that his office had received it the day before. He declines a fresh copy. Judge asks me to verbally clarify some of my points about how the plaintiffs own supposed evidence doesn't support their case. None of their affidavits anywhere state anything about me, the alleged account, or even list any information tying them to this particular bill or sale or even transaction. They are completely generic and could be from/about anything. Two of them even specifically state on them that they in no way are evidence of any debt owed right on them in the wording body.  Likewise the supposed "Bill of Sale" refers to a generic file with nothing that ties it directly to me and could be from anything. By the time I got to tearing into the alleged "statement" - a Word looking document that had none of my information correct, specifically stated across the bottom it had been "created by midland from other documents" and had random charges that were there one month, gone the next, and rising "insurance" premiums that even when paid the company never seemed to pay them in full the judge seemed to be doing his best not to start laughing. I may have been imagining it but I daresay the judge almost looked proud of me when he told the junk lawyer that I "had a lot of interesting points" and asked him what he had to say about it. He claimed he couldn't comment until he had time to read over the document. Judge gave him a week and sent me on my way. Still cried once I got outside but more over the fact this wasn't over then the break down last time.

 

Hearing 3 - drove all the way out there (3 hours mind you) to the out of jurisdiction court house to find the lawyer wasn't there. He'd called in for a continuance due to the tornado that had ripped though the area the day before (my home wasn't touched or in any danger). I was too shocked to insist on dismissal. Judge granted another 15 days for the plaintiff to work on it's response.  I go home angry

 

Hearing 4 - still no response from Plaintiff, he again tries to claim he needs more time because my response had been so long. At this point I'm not scared anymore. I call him on his BS, point out both the court and I have been very lenient and that this only proves the point I made in my response about the frivolous nature of the entire plaintiffs case, at his ongoing attempts to cause me hardships to prevent me from defending myself which is my right. Judge agrees and grants him 15 more days to come up with a response and then he's ruling. States that this time there won't be a hearing. He has enough information and that I don't have to burn my funds traveling all the way out there. He'll make his decision after the 15 days.  

 

15 days pass. No surprise on my part when no response is ever filed by the plaintiff. Called courthouse daily and checked online for a week now to see if there was a ruling and there it was. Those beautiful words stamped in red on the webpage for my docket. 

 

DISMISSED

 

So there it is. For now it seems I've won. As I said I'm still waiting for the ruling to come in the mail to see if the judge made any notes, especially about why prejudice wasn't applied. I wonder if it's because as I pointed out in my response the plaintiff filed a month before the statute of limitations runs out (again, according to his own evidence. he tried to claim he still had another 3 years or so)  and he technically shouldn't be able to file again after this anyways.  But that's my story. I may post copies of some of the documents once the ruling comes. I know my case is bizarre and I got lucky with the judge I got so I'm not sure how much help my stuff would really be to others but I can try, right?  

 

I have to say I could never had done it without the help from here. You guys gave me the brass balls to even think I could do it in the first place, and for that I thank you muchly

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Sounds like you did all the right things right. Congrats on your win ::celebrate::

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Great job! Congratulations on your victory - way to stomp their bs case into the ground :)

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Midland has been getting quite a beat-down lately, and that is richly deserved.  I am not familiar with the particulars of your case, but if Midland violated the FDCPA, I would see a consumer lawyer about suing them.  If you have a case, a consumer lawyer should be willing  represent you without charge.

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Midland has been getting quite a beat-down lately, and that is richly deserved.  I am not familiar with the particulars of your case, but if Midland violated the FDCPA, I would see a consumer lawyer about suing them.  If you have a case, a consumer lawyer should be willing  represent you without charge.

 

I have at least two, 1 for jurisdictional grounds (Suit was filed in a county that neither fit current residency nor the alleged origin of the debt by their own records) and another for violation of privacy as they made service of unsealed court documents to my sister-in-law at her residence (I believe that one falls under the "creditor is not allowed to contact or disclose information about the debt to others without permission). It's possible there may be others but those are the two that would probably be easiest.

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