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Question on court TOMORROW please help


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So tomorrow I'm supposed to have my hearing on my alleged debt with midland funding who is being rep by Dominion Law Associates.  On September 13th (the return date) they were ordered by the judge to file a BOP within 21 days. They never actually filed these BOPs. On Oct 25, I filed a motion for summary judgement which included a general denial which I assume is going to be heard tomorrow before the case.

 

I spoke to a local attorney back in Oct and he felt this was a slam-dunk non suit since he said the judge would absolutely rule against them giving they didn't file the BOPs which violates our state civil procedures.  I was expecting a letter for a nonsuit in the mail it never came.

 

My question for you fine people is if you had to take a stab at this are they just hoping I don't appear to get the default.  Is this probably a case where they bluff til they get up to the judge then say they want to nonsuit? I'm asking as I've never had a nonsuit before. What have yalls experiences been?

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In my case they didn't oppose my MSJ or bother showing up for the hearing date. The judge gave them the benefit of the doubt and had his clerk call their office. They claimed they wanted to dismiss and had sent me a letter. I pressed on with my MSJ and won. I never received that letter.

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Have you filed your written grounds of defense?

Ask the judge to give you an order precluding the plaintiff from introducing any evidence that was requested in the Bill of Particulars. This is called a preclusion order. Then,at trial you object to anything covered by the Bill of particulars that they try to introduce by document or by oral testimony.

"Rule 7B:2. Specific Rule for Pleadings in General District Courts.

The judge of any General District Court may require the plaintiff to file and serve a written bill of particulars and the defendant to file and serve a written grounds of defense within the periods of time specified in the order so requiring; the failure of either party to comply may be grounds for awarding summary judgment in favor of the adverse party. Upon trial, the judge may exclude evidence as to matters not described in any such pleading."

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Have you filed your written grounds of defense?

Ask the judge to give you an order precluding the plaintiff from introducing any evidence that was requested in the Bill of Particulars. This is called a preclusion order. Then,at trial you object to anything covered by the Bill of particulars that they try to introduce by document or by oral testimony.

"Rule 7B:2. Specific Rule for Pleadings in General District Courts.

The judge of any General District Court may require the plaintiff to file and serve a written bill of particulars and the defendant to file and serve a written grounds of defense within the periods of time specified in the order so requiring; the failure of either party to comply may be grounds for awarding summary judgment in favor of the adverse party. Upon trial, the judge may exclude evidence as to matters not described in any such pleading."

 

 I filed a very general grounds of defense denying the debt. They NEVER did file a Bill of Particulars and only had attached one piece of evidence to their original court summons (just a facsimile of a credit card statement).

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From what I have read, they will often bluff until the very end. In mine, the morning of trial they asked if I would be interested in a settlement and I declined. They dismissed almost immediately when we appeared before the judge.

My response would have been along the lines of "Of course I'm willing to settle.  I'll take $500.00, deletion of any trade lines, no 1099-C and an agreement not to sell the debt.  Put that in writing with the check, and we can be done with this."

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Walked into court this morning we were the first of 8 cases called up and within 5 seconds it was non suited. They of course have 1 more time to file under VA law. The statue of limiations is now up but I believe they get 6 months from today to refile.

 

Way to call their bluff(s)!!!!!!! Once again Midland takes it to the end and runs away!

I would double check on the SOL issue. In most states the SOL would be up. 

 

Congratulations!  ::USA::

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