Recommended Posts

I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON,

They called us all into one courtroom with a judge. She read through ALL the cases and they where dispersed to various other courtrooms. Mine was 4B.

I met with the para legal in the hallway. I showed her my answer and requested to see their Bill of Sale. etc. She went over to the attorney, he handed her my file. She came back and said "this is what we have" and it was all the documents they'd sent me previously. I re-iterated what I was requesting. She stated they didn't have it, I stated I wanted a trial.

We all go into the courtroom. Everyone made a deal for payments. People who didn't have any money etc had their cases dismissed- but with the verified plan to re-file in a couple months. I was the last person called- as the only "request for trial". I went before the judge. Attorney stated "Defendant is requesting documents that we are not in possession of, therefore we will be dismissing this case"

Judge says "GOOD JOB young lady!!!". He went on to state that "the case will be dismissed, but if they obtain all the documents you requested, they will be able to re-file if they should choose to". I asked him to dismiss with prejudice. He said because the case is lacking evidence that CAN be obtained, he can't rule that way. He asked what I do, I said "I'm a social worker". Judge says "well you should be a lawyer! You did a great job!". Then CASE DISMISSED.

Attorney spoke with me in the hallway and stated that he is recommending to Midland that they drop this case and will pursue no further legal action against me.

Hope this is true! I didn't even need the Trial Brief I'd prepared or any of the documents, case law, legal statutes. Once they saw what I wanted, they went away.

WHOOOOO HOOOOOO this trial has been stressing me out for months. Now it's over. Let's hope he keeps his word re: no further legal action against me

My original thread pleading for help....http://www.creditinfocenter.com/community/topic/323664-please-help-served-by-midland/

I could NOT have done this without all the info and comments available on here. Thank you so much!

Edit: if there's anything I can do to help any one else (especially ppl from Rhode Island) pls feel free to PM me. I prepared soooo many legal docs, but didn't have to use them. And I found so many samples on here- but made them my own with R.I. Case law, Civil Procedure Rules, Evidence Rules and legal citations etc. I am proof- you just have to do the research and it will pay off.

  • Like 7
Link to post
Share on other sites

Congrats on your win.

As far as the lawyer staying true to their word, they will. The conversation will be along the lines of them making a huge profit on the other 47 cases that they can eat the profit in your case and they really do not want to show the Bill of Sale or title chain because of the wording so give this up, sell it to the next idiot and take an even smaller loss.

As for the next idiot suing you, you can also ask for the chain of ownership title along with the bill of sale because you will know it was not direct from the OC.That will really stop them.

Link to post
Share on other sites

Congratulations!!!  I have my motion hearing next week with Midland (they're asking for a summary judgment, I opposed).  I'm really hoping they don't confirm the motion hearing, although I'll show up regardless.

 

Pickles

Link to post
Share on other sites

@Breezyflavor

 

I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON, I WON,

I prepared soooo many legal docs, but didn't have to use them. And I found so many samples on here- but made them my own with R.I. Case law, Civil Procedure Rules, Evidence Rules and legal citations etc. I am proof- you just have to do the research and it will pay off.

Well done!!!  :clapper: You earned this win!  xFlowersx

Link to post
Share on other sites

You know, we don't get many Rhode Island debt collection cases, and there is very little case law on Google Scholar.  I am really glad you won! You're GOOD!  You must have put a lot of work into your case, and it shows.  I am glad  you said you will stay around to help other Rhode Islanders.  

  • Like 1
Link to post
Share on other sites

You know, we don't get many Rhode Island debt collection cases, and there is very little case law on Google Scholar.  I am really glad you won! You're GOOD!  You must have put a lot of work into your case, and it shows.  I am glad  you said you will stay around to help other Rhode Islanders.  

Link to post
Share on other sites

You know, we don't get many Rhode Island debt collection cases, and there is very little case law on Google Scholar.  I am really glad you won! You're GOOD!  You must have put a lot of work into your case, and it shows.  I am glad  you said you will stay around to help other Rhode Islanders.

You know I've learned it's the same lawyer that handles all of the Midland lawsuits...and all future payments are made to his office...I found that interesting.... so anyway, definitely available to help. I suspect if I'd owed more (>2K) they may have fought harder. But I was ready!

Link to post
Share on other sites

I'm bumping this topic because Midland just called me and asked me to make payment arrangements for this account. We've already been to trial, they dropped their case...and now they're calling me asking me to pay.

I repeated the same thing I said in court. That I wanted proof from them that this was my account and something on Chase letterhead that said they legally bought this account...etc. etc. She argued with me, repeating the same thing over and over. Finally she said ok, so this account is going to stay in collections. What do you want to do with it. I said I'm not going to make a payment and she said "ok I will update the file".

Do you guys think they were taking a chance I'd pay? Or that they'll bring me back to court? I know they have that option. Just asking for thoughts. My trial was monthssss ago. Why're they calling now

Link to post
Share on other sites

@Breezyflavor

 

They're calling because they can and are hoping that you'll decide to pay.   I'm assuming the dismissal was without prejudice?    If so, they know you'll fight, so if they decide to sue again, it's either because they have more "evidence" or are just plain stupid.  My vote would be on the latter.  I doubt they'll sue again, but the chance exists simply because you're dealing with bottom-feeding scum who are not known for their impeccable record-keeping methods. 

 

If the debt is still within the SOL, you might just want to hang tight until the SOL passes.

  • Like 1
Link to post
Share on other sites

FYI...Midland sued me last year. Two different law suits. They DISMISSED both of them!!

So I also beat Midland Funding. They were the very first suit I ever had.

They NEVER served me, I found the suits on the Courts OPEN ACCESS by accident.

I printed out the summons on both, so I served myself ha.

I knew I needed to Answer, so I did. I put on my answer I had no knowledge and that I

was Never Served properly. I filed my answers just a day before the 30 days were up,

just in time.

I sent them notice that I was on Social Security Disability. So my only source of

income was S.S.D. payments.

Some time went by, then they sent me paperwork for Hardship and asked for proof of

Disability payments. I sent them my award letter and current proof of payments.

I keep looking at the Court Open Access every day. THEN I had a big smile on my face

as I saw DISMISSED BY PLAINTIFF. They can sue again at that time, but the SOL date

is now past 4 years. But I still look at the Court Open Access at least once a week.

I never had to go to court with them.

One main reason for me posting this is...if YOU are on Social Security as your only

source of income , let them know, it may help you also win.

I have been sued by H&H right now, have been to court three times already. I have

advised them three times, my only source of income is S.S.D and they don't care. They

are full speed ahead. They can't attach S.S.D. income, but I think they will, a bit scared I am.

Anyway, hope this will help some one!

Link to post
Share on other sites

FYI...If anyone out there has unpaid debt, please look at your Courts OPEN ACCESS to

be sure you have not been sued behind your back. JDB DO file suits saying they served

you, but they don't always.

If I did not see the suits against me on the Open Access, they would have won by default.

I was lucky to have seen the suits, as I did answer them just in time.

Hope this helps someone, as this site has helped me a lot.

  • Like 1
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.