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HELP!!! (Maryland)- Lost to Portfolio Recovery, Filing Appeal


roseglasses
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I'm in Maryland. Filed my answer went to court and got a seriously plaintiff friendly judge. She made fun of me and my knowledge of the rules of the court and accepted plaintiffs exhibits and rolled her eyes when I explained that the plaintiff refuses to answer my demand for proof. None of their documents were certified or even affidavits. Long story short I lost and I shouldn't have, the judge wouldn't let me say two words (literally, I wish I was exaggerating). When I showed her my research that one of the signatures on the "bills of sale" belonged to someone who wasn't who the document claimed and hadn't worked for that company in 11 years, she said my document couldn't be verified. I said neither can the Plaintiffs your honor. That's when she decided I was getting a judgment because she had too many cases on the calendar. Anyway, I'm appealing today (I can file the notice and file the rest later) but now I truly have no clue what to do. It's called a de novo appeal in MD. Help!!!!!!!! Do you have a clue? I need to file a legal memorandum, is that similar at all to a motion? I can't find any real information on how to proceed and all the attorneys I've called say you have a judgment we can't help you..

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I'm in Maryland. Filed my answer went to court and got a seriously plaintiff friendly judge. She made fun of me and my knowledge of the rules of the court and accepted plaintiffs exhibits and rolled her eyes when I explained that the plaintiff refuses to answer my demand for proof. None of their documents were certified or even affidavits. Long story short I lost and I shouldn't have, the judge wouldn't let me say two words (literally, I wish I was exaggerating). When I showed her my research that one of the signatures on the "bills of sale" belonged to someone who wasn't who the document claimed and hadn't worked for that company in 11 years, she said my document couldn't be verified. I said neither can the Plaintiffs your honor. That's when she decided I was getting a judgment because she had too many cases on the calendar. Anyway, I'm appealing today (I can file the notice and file the rest later) but now I truly have no clue what to do. It's called a de novo appeal in MD. Help!!!!!!!! Do you have a clue? I need to file a legal memorandum, is that similar at all to a motion? I can't find any real information on how to proceed and all the attorneys I've called say you have a judgment we can't help you..

 

Hi,

 

I'm sorry for your loss.

 

I'm in Arizona, lost my case in very similar scenario the last Friday.

 

Our judges look like twins, separated at birth.

 

If your state court rules allow this, you could file "Motion to Vacate Judgment and to Grant a new Trial".

In AZ such motion should be filed within 14 days after Judgment entered.

 

The same time you could go ahead with Appeal.

 

You can find my Motion here: 

 

http://www.creditinfocenter.com/community/topic/321819-sallie-mae-vs-me-in-arizona-2013/?p=1289030

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I'm not familiar with Maryland rules, but a de novo appeal means the case will be heard by an appellate judge or panel of judges as if it were a brand-new trial.   Instead of merely reviewing the record of the case that was already tried. 

 

IMO this is a good thing for you, as it is a do-over with a different, and hopefully better, judge.

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I would read these articles and contact some of the plaintiff's attorneys involved. Maryland has had some large successful class action lawsuits against debt collectors recently. These attorneys can look over your documents and might be able to find some FDCPA violations. They would love to see a proven robo signing case. Even if you don't hire them they might give you some useful information. Most consumer attorneys offer a free consultation. 

 

http://thedailyrecord.com/2011/03/10/judge-approves-debt-collection-settlement/

 

https://www.dllr.state.md.us/finance/frworldwide.shtml

 

Here are some recent FDCPA lawsuits filed against PRA. You can also find attorneys listed under the plaintiffs. 

http://dockets.justia.com/search?parties=portfolio+recovery&state=maryland&cases=mostrecent

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