LD-50

Midland 2nd no show/AZ/Kaplan Law/Need help with motion to dismiss pls!

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Moot means very different things in federal court versus state court. It has little more than the colloquial definition in state court, which is why this judge's stamp is so confusing. There's nothing moot here. A MTD was filed and the plaintiff agreed with it, therefore, the MTD should be granted. That's not "mootness." It's prevailing on the merits.

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I agree @UCL - at first I thought, "What exactly about my MTD and Memorandum is Moot?"  MTD/Memorandum, I would think, are significant and have to be responded to with more than a vague stamp.  I guess we'll see soon enough though?  Normally we'll go 2-4 days without checking our mail - not lately!!! 

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I caved and called the courthouse and I'm glad I did because I will not be receiving any further paperwork from the court.  What I found from the clerk is that the stamp means the MTD is MOOT because the court already dismissed the case when they no-showed for the 2nd mediation.  They automatically dismissed it?  Wonder if it was with or w/out prejudice?  I didn't ask.  And, when I look at the case online the status is still "Adjucated" and there is a section for judgments (and there is one - read #1 below) but not space for any other comments.  So, now I have some questions for you awesome people who have provided priceless guidance and support through this abnormally easy case:

 

1.  I suspect they didn't fight too hard possibly because they think they already have a judgement in the case.  At first I got mail (and the original subpoena) for me and John Doe, Husband.  Then mail started showing up from the attorney to me and someone named Craig (not my husband's name).  And, mail would show up for Craig only.  We didn't open the mail if it was to just Craig.  There is no Craig in Phoenix with my last name that I know or that a Google search netted.  When I finally responded to them, I did it on my own behalf and never used my real husband's name or even John Doe because, by then, they had already starting using this Craig's name and I can't respond for someone I don't know, right?  I asked a court clerk a few calls ago if I need to be concerned by that and she said you cannot be sued and liable to pay for something that is not in your correct name.  Would you all agree that I don't need to worry about this?  It shows the judgement for Craig in my case online.  Do I care to remove it?  Do I need to care at all?

 

2.  Do you think that this paperwork with the MOOT stamp on it is sufficient to mail to the credit reporting agencies to have the item removed from my credit report?  I want to have it removed ASAP.  Any thoughts on if the stamp will do the trick or what else I can do to have it removed?

 

3.  Since I filed paperwork to exempt me from having to pay court fees, I am only out about $25 for sending copies to the attorney CMRR.  Should I even bother with a motion/memorandum for that?  I'm not sure it can be recovered and I kind of feel I should leave well enough alone.  But then, I look at my file home that is 2 inches full of bull$hit paperwork that obviously put me through unnecessary stress and inconvenience.  Any opinions on that?  I'm not that angry but it was also $25 I didn't need to be spending.  

 

Thank you so much!!!!!!!!!  This site and support group are amazing!

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Ok , Good you called. I would check to see how many days after a dismissal you have to file a memorandum of costs. I think it is like 15 but you could argue that you did not know until the moot motion was mailed to you. $25.00 is $25.00 While at courthouse filing that I would get a copy of the Plaintiff's MTD with the Judges signature to send to the credit bureaus.  You also need to find out if they dimissed with or without P . As for the judgement I'm not sure about that one.  I would PM Seadragon to take a look at your thread.  Good job

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Does it show the judgement FOR craig? If so that of course means you won but should get them to put it in your name as there is no Craig. Was their MTD with your name on it??If so it should be good enough for the credit bureaus . Someone should chime in on whether or not you can get costs back if they dimissed without P,

Learning alot of new words this week. Adjucated means binding and does not require the inclusion of a jury to render a decision in a civil trial.

 

I was laughing on the Moot one because I kept thinking of that song by Rick Springfield Jesses's girl  where he sings the point is probably moot.

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No, it is against Craig. To them, this person never responded so it was an easy judgement. Craig is expected to pay.

Jessie's Girl! LOL Stop showing our age!

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You should file a memorandum of costs regardless because you might need it later to sue them for FDCPA violations. Some of the stuff is not part of the lawsuit. but It appears you kicked their azzes without fighting.

I think the debt collection climate in Maricopa county is changing for the better.

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Well you filed motions and got them to dismiss so I think you fought some!! I'm just surprised when the judge filed the dismissal they did not send you anything.  Kinda made you go through work and worry for nothing.  What FDCPA violations does she have Seadragon?/

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For if they sell it down the road and there is more evidence(possibly made up) than the last case. Also for any conduct not related to litigation such as credit reporting like not stating that it is disputed when the OP filed the answer. That is stuff we can get them on.

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I've needed some car repairs before driving outside of my obligations (work only really).  Finally got a new battery and spark plugs replaced on Friday so tomorrow I plan to head to the courthouse for a copy of the actual judge signed notification of dismissal that I can send to the credit reporting agencies to hopefully delete the line item (right?  Or is there some other procedure to have Midland Funding removed?).  I'll let you know if it was dismissed with or w/out prejudice and I'll likely need help with my memorandum of costs unless its a simple motion.  If a motion, what is the proper term of what the motion is for?  It has a blank to fill in...and I do believe all I can ask for is my CMRRR mailings?  I didn't pay any court fees.  I'll give you an update tomorrow afternoon.  :-)  I am so grateful to this site I can hardly stand it.  Next up is credit repair to buy a house and I've already posted in that forum.  Lots of helpful, patient and kind peeps on here!  THANK YOU!

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I think it is a simple form you can get at the court that asks for your costs. Either make copies or since you don't need them anymore attach the green cards and P.O. receipts to the form. After it is signed I believe you mail a copy to the atty and Plaintiff, but I'm sure if you ask the clerk they will know.

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I have the order of dismissal which was signed the same day as the mediation was scheduled (7/17) that they no-showed.  Its signed by the Justice of the Peace that waited there w/me for the Plaintiff.  He was getting in his car when I was and called me by name to say good bye and wished me luck w/the case.  So odd that he didn't mention he just ordered it dismissed.  LOL  It was dismissed w/out prejudice which kind of stinks but its a dismissal nonetheless and I doubt Midland will try that again?  How can I get the Midland lines removed from credit report?  Is it possible when dismissed w/out prej?  

 

Also, I asked the clerk about recovering the costs and she said to do it via motion and also include a judgement for the judge so it can easily be signed off on rather than going back and forth.  Does anyone have any samples of such a motion and judgement I can use as templates?  

 

Much thanks!!!!  

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Without prejudice means you're stuck with them on your credit report. They may try again although that's unlikely. It's more likely that they'll sell the account to another JDB.

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Thanks @Spikey!  That stinks....so if I'm trying to qualify for a home loan, hopefully I can show the underwriter the dismissal and that will help at least?  

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Here is what I put in my judgement motion. If you need a template for how to set it up look at Harry Seawards thread and one of his motions to view the format.

Based on the decision of this Honorable Court order is as follows:

 

1. Judgement is hereby entered in favor of the Defendant's (your name) and against Plaintiff (their name)

2.Judgement is hereby entered in favor of Defendant's (yn) and against Plaintiff(tn) and Defendant's should be awarded their Memorandum of costs.

 

There being no reason for delay, it is hereby ordered that judgement be entered immediately.

 

DONE IN THIS OPEN COURT THIS __________DAY OF_______________2013.

 

________________________________________

Judge/Commisioner/ProTem

 

 

Then just type up a simple Motion form or use the court motion to ask for your costs.

 

Also take with your motion and judgement 2 stamped envelopes. One with your address and one with the atty's

Don't forget to include the cost of the stamps in your memo of costs.  LOL

 

 

Judge/Commissioner/ProTem

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@hot in az, Thank you!!!  Your verbiage reads that its in favor of the defendant and I'm not sure that with a dismissal I can say its in favor of anyone, right?  I guess I need some verbiage that is specific to my own situation.  :-(  Thanks for all of your help, though!

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It is a dismissal in your favor. The without prejudice means they could sue you again or sell the account and the next in line could. But you the defendant won the suit. The judgement form is simply something for the judge to sign and the court sends it to both parties. Thats why you bring the two envelopes.  PM Beergoggles. He won twice so he will help .

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I'm the OP of this thread.  My case was dismissed almost a year ago because Kaplan Law didn't show up to mediation twice.  Last week I received a letter from Kaplan saying, "As you know a judgement was entered against you on June xx, 2013...bla bla bla...contact us to make payment arrangements...."  Do these people think I have amnesia?!  I'm trying to decide if I should send them a snarky letter back including a copy of the dismissal and noting, "Really...that's now how I remember it playing out."  Or, if I should just leave it alone.  Anyone else have this happen to them?  What a joke.  

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I'm the OP of this thread.  My case was dismissed almost a year ago because Kaplan Law didn't show up to mediation twice.  Last week I received a letter from Kaplan saying, "As you know a judgement was entered against you on June xx, 2013...bla bla bla...contact us to make payment arrangements...."  Do these people think I have amnesia?!  I'm trying to decide if I should send them a snarky letter back including a copy of the dismissal and noting, "Really...that's now how I remember it playing out."  Or, if I should just leave it alone.  Anyone else have this happen to them?  What a joke.  

 

They are stupid and careless enough that they assume they got a default judgment.  Before you do ANYTHING check the court docket to make sure they didn't sneak one in on you after you left that day.  

 

Is your dismissal with prejudice?  If yes, then send them a FOAD letter with a copy of the dismissal and an ITS letter for violating the FCDPA for misrepresenting the debt.  If it is without prejudice lay low because they have 4 more years where they can try again and sue you.

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@LD-50

 

As Clydesmom said, check to make sure that they didn't sue again without serving you.  If there's no judgment, I'd get an attorney.  Considering the amount of your debt, I'd would agree to settle for nothing if the debt were considered paid in full and no credit reporting.

 

However, make sure they haven't sold it (even though they claim they have a judgment).  If they did sell it, I'd want my statutory damages.

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Get a copy of the dismissal - and have a process server bring to them - along with your FDCPA suit for collecting on a judgment that does not exist.

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Get a copy of the dismissal - and have a process server bring to them - along with your FDCPA suit for collecting on a judgment that does not exist.

 

This sounds great but I don't even know where to start.  So much has changed for me in the last year.   Now I'm a single mom with little to zero free time to research this sort of thing.  Last year I was all over this forum finding and getting what I needed to prepare for my case.  Can someone please point me to an article or thread here that would help me in filing this type of suit?  It may take more energy than I have to spend but $1k sure sounds good about now and worth the effort!

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