LD-50

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

Recommended Posts

@LD-50

 

It doesn't take much time to call the court to see if judgment has been entered against you.  If it hasn't, go from there.

  • Like 2

Share this post


Link to post
Share on other sites

Then do not worry about what to file.  Simply use naca.net to find a consumer attorney who will look at the circumstances and if there is an airtight federal case will take it on contingency and file for you.  Your only job will be to sit back and wait for the check to arrive.

  • Like 2

Share this post


Link to post
Share on other sites

Then do not worry about what to file.  Simply use naca.net to find a consumer attorney who will look at the circumstances and if there is an airtight federal case will take it on contingency and file for you.  Your only job will be to sit back and wait for the check to arrive.

Awesome...and DONE!!!!!  Just found an attorney and sent them a detailed email.  WOOT!!!!  I love this forum sofa king much.  :-) THANK YOU!

  • Like 2

Share this post


Link to post
Share on other sites

Awesome...and DONE!!!!!  Just found an attorney and sent them a detailed email.  WOOT!!!!  I love this forum sofa king much.   :-) THANK YOU!

 

DO NOT email.  CALL first thing Monday.  Most of those "contact us" email boxes are not monitored.  Follow up by phone to be sure.

Share this post


Link to post
Share on other sites

DO NOT email.  CALL first thing Monday.  Most of those "contact us" email boxes are not monitored.  Follow up by phone to be sure.

OH!  Good to know...TY!

  • Like 1

Share this post


Link to post
Share on other sites

Just know that they will want the filing fees up front.  They will take your case on contingency, but need the money to file the case, costs for copying all the papers, et all, and will tell you to pay those up front, then they will file.  They do this so if you do not prevail, they are not out any money.  You would get them all back if you win plus the money for their violation.  Filing in federal court is around 300.00 plus the copy fees.

Share this post


Link to post
Share on other sites

Just know that they will want the filing fees up front.  They will take your case on contingency, but need the money to file the case, costs for copying all the papers, et all, and will tell you to pay those up front, then they will file.  They do this so if you do not prevail, they are not out any money.  You would get them all back if you win plus the money for their violation.  Filing in federal court is around 300.00 plus the copy fees.

Filing in Federal is now $400.

I would bet there are several attorneys that will even pay the filing fee for you. I'm inclined to say that if they know what they are doing they will pay the fee (plus they will be more motivated because they have some skin in the game), but I don't want to discourage you if you don't find one that will.

Share this post


Link to post
Share on other sites

Just know that they will want the filing fees up front.  

 

It depends on the firm.  Generally the stronger the case the more likely they are to just file at no cost to the plaintiff.  There is no hard and fast rule and each firm sets its own policies.

  • Like 1

Share this post


Link to post
Share on other sites

I contacted an attorney and he is waiting for me to send him scanned copies of the dismissal, judgement and letter.  The judgement is in Craig's name only (I know no one by that name and returned all mail addressed to Craig only unopened).  The letter, I believe but will confirm once I get home, is address to both me and Craig.  I would love to make these jerks pay me!!  I'll provide updates as I have them. 

  • Like 3

Share this post


Link to post
Share on other sites

@Az Piano Lady 14 - please link your thread here so I can take a look.  But, my letter did have a date on it - the date that Craig had a judgement entered against him.  However, there is no Craig.  

 

I talked to an attorney today who is taking my case.  I just signed his fee agreement where I pay nothing, they will pay me $1k plus his court/attorney fees.  I'm excited about this!  I'm waiting to hear back if we can also ask that they be prevented from ever suing me on this matter again and if we can ask that they remove it from all credit reports.  

  • Like 2

Share this post


Link to post
Share on other sites

The attorney filed the federal suit and said I'd likely receive payment within 90 days.  He said he'd let me know when he hears back but that they routinely ask for extensions which he is obligated to give...but still expected them to settle within 90 days.  :-)  More when I hear....

  • Like 3

Share this post


Link to post
Share on other sites

I asked the attorney for an update today.  Its what he expected.  I'm remain hopeful!

 

"The law firm asked for an extension and an initial demand, but has not responded to me other than that. Very slow progress to start"

Share this post


Link to post
Share on other sites

So this is all wrapped up.  Per my attorney, Midland/Kaplan was being very stingy about the case in terms of paying me my $1k plus attorney fees.  And, I kind of feared them making a point and taking me to court again for giving them a hard time about their stupid mistake.  So, what we DID get them to agree to is signing an agreement stating they will remove it from all credit reports, never report it again and never sue me again.  Additionally, this is not debt forgiveness because if it were, they'd submit tax forms end of year based on the balance forgiven so that was included in the contract my attorney wrote up.  I have signed it and am awaiting my countersigned copy.  He said he had to forfeit some of his fees to get this deal.  Could I have contacted a different attorney and got my $1k?  Probably.  But I'm satisfied with receiving nothing monetary but rather the closure that, legally, I should never hear from these bozos again!  :-)

 

YIP YIP YIP YEE HAW!!!!  

 

Thanks so much for your support through this colossal pain in the pants!  I really do hope its over.  I could not have got through this on the upside without the support and resources of this forum/website and am truly grateful!

  • Like 1

Share this post


Link to post
Share on other sites

Good job!   As long as you're happy with the outcome, it's a win!   :-)

  • Like 1

Share this post


Link to post
Share on other sites

Good for you!  Now a word of caution.  KEEP that stipulation letter in a safe place.

My aunt had a paid in full stipulation letter with kaplan, and the jdb ended up selling the entire settled debt to another jdb.  She lives in AZ in the winter, and Co. in the summer.  She got an intent to sue letter from the new jdb at her home in colorado.  She didn't want to go through the hassle of the numerous FDCPA violations, so she did not pursue it with a consumer lawyer, however, she did send them a copy of her stipulation, and said if they pursue this, she would counter sue for the multiple violations they have. 

That was almost a year ago, she has not heard another word, and it is not on her credit reports.

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.