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Being sued by Midland Funding llc in Florida


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@Spikey what do you mean get the judge to hear it ?

 

In every court there is a process to get a motion heard by the judge and rarely do 2 courts have the exact same process. Just going to the clerk and handing them a motion generally won't get it done. They'll likely just put in the file and it'll never get the judge. For example in my court, you have to prepare a form and then ask the clerk for a hearing date. Which you then send a copy of the form to the other party to notice them of the hearing. Some courts do the noticing for you, some don't. 

 

You're most likely to get proper answers from your local legal aid organization or a local attorney. You could try asking the court clerk but I've seen they could potentially give you bad information or just refuse to answer because they think you're asking for legal information.

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You can call the judicial assistant of the Judge who is handling your case to see about hearing dates and times.  Then you can ask if she/he will do the notice or if you have to.  Make sure the J.A. knows you are pro se and hopefully they will do the notice.

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  • 2 weeks later...

@LawKitty, @Spikey so i just checked online my court records, like i usually do to check the status, and now it does not appear at all anymore. Is that normal. Other court records of mine still exist such as tickets, my divorce but no longer this case. I even searched by case number and nothing is there anymore should i be worried?

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How long ago did you send the request? Per your civil rules, they have 30 days to respond. If they don't reply by then send them a reminder letter with a clause stating that you'll file a motion to compel if they don't respond in 10-days time. Just make sure you follow through on that motion.

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  • 2 weeks later...

Failure to answer RFPs is not a reason to file a motion to dismiss. You should send the plaintiff a letter reminding them of the outstanding requests as required by Rule 1.380 which requires reasonable notice prior to filing a motion to compel. If they still fail to answer, you file a motion to compel.

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  • 2 months later...

Hey guys i know its been a long time since i been on here, but i havent heard anything else from these people. Im starting to get a little worried, no information is worse then any information. Its been over 90 days since i sent them the rfp and all other documents. I ran a credit report and they show up only on two of the 3 bureaus and on the report it says being disputed. How much time do i give these people before they have to stop and take it off of my credit and to stop suing me?

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Under Florida rules of civil procedure 1.420(e); They have 10 months to proceed with the case. If there's no activity within 10 months, you'll need to file a notice of intent to dismiss, which gives them 60-days to respond. Failure to proceed within the 60-day time frame, allows you file a motion to dismiss for lack of prosecution. It's a without prejudice dismissal though.

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 I ran a credit report and they show up only on two of the 3 bureaus and on the report it says being disputed. 

 

I think this is standard procedure for Midland. On two of my reports they listed under collections and the third one as an account. All were listed as "disputed by consumer". More than likely they will drag this out as long as they can even if they never intend to follow through. My guess is that they hope you will worry to the point that you make them an offer.  

 

Its a good possibility Encore spends more money on psychological research and data mining on debtors than it does on "irrelevant" things like documentation and legal compliance. They claim to use a proprietary analytical model to determine who to sue that includes more than just CR alerts. This is why they have the most profitable JDB business model in my opinion. 

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