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Decision on Appeal


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After two years of fighting this suit, I got the news on my appeal.  The judgment was reversed.  The commissioner found the trial court did indeed err by allowing the Plaintiff's "evidence into admission"  I will post the decision later, as I still have a court date in a month.

 

But basically without a witness you cannot let an affiant from MCM testify to records from Midland Funding!!!!  Or an OC.

 

Just want to say a HUGE THANKS to all who helped me along the way!!!!!! :PartyTime:      Especially,  Seadragon, DavePhoenix, Shellieh

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Nice, is it citable? and prepare for battle.

Not citable because it's not from the Court of Appeals.  None of these Justice Court cases will ever result in setting any sort of binding precedent.  That's why the plaintiff's push on.  They know in the end their asinine activities aren't going to affect the industry.

 

If you notice, the plaintiffs back right down when anyone from AZ that's been sued in Superior Court (>$10,000) puts up a fight.  They know they are in real court and the judges probably won't buy into their garbage and worse yet (for the indsutry), even if they do, when the case goes to appeal, there is a real chance the outcome could negatively impact all of their compadres. 

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  • 4 weeks later...

Well, as usual I have the worst luck ever. Just got back from remanded trial(isn't it sweet they get another chance?????) So instead of recouping my appeal fees, I lose at trial with a pro tem judge, who replaced the one I had. I'm half tempted to send the recused judge the recording of the 3 1/2 hour trial and ask him how HE would have ruled???

So, now I get two choices, Appeal again, and have it reversed and remanded back to the good buddy club court, or file BK. Thought about getting them to settle for a lump sum, but I vowed all along I would not pay one cent to a JDB.

Guess the atty is happy, after 2 years he gets paid???? They are on contingency.

Good luck to anyone that gets stuck with a telephonic witness, Thank,s Judge Bernard J. Barnes

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  • 4 weeks later...

Sasha , Never too much trouble.  Go to page three of is there a lawyer in the house.  Find My two year case with Midland.  Gotto post #192.

I posted the decision and my memorandum.

 

1st step---- I am appealing again.,  The judge just posted the new judgment .  1300.00  less than the first one, as they were suing me for the wrong amount  AND last time they asked for 800.00  in atty fees, and this time zero in aty fees.

 

Also I hired a consumer atty to write my appellant memorandum.  I am so tired, and he knows all the players in the game and he is also including in the VERY reasonable flat fee the forms to get my 1st appeal fees back.

 

I have seen so many people here win and never collect. He has fought so many cases against Midland he has their bank info.  So , I appeal again  next year you will see My three year battle with Midland.   may be in litigation the rest of my life

 

Only kidding--Lets hope not!!!!

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I just lost my case to Portfolio Recovery. Any advice on appeal? 

Sorry you lost. You should start a new thread, describe what happened in your case and in trial. Can't advise until we know the details - what they used to beat you, what you filed prior to trial, did you subpoena anyone, what objections did you make & how did the judge rule, etc?

 

easy619 has a detailed CA appeals thread that you should check out.

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