StlCards

Beat Midland this morning

Recommended Posts

So I wanted to start off by saying THANKS to all the people that post here.

I've been coming to this board for weeks now to get advice about my trial with Midland.

I've never posted before, but daily would go thru all the posts and get tips on how to deal with the JDB's

Reading all the posts made me feel less nervous about taking these guys on.

 

So this morning was my trial with Midland Funding.

I show up to court with all my notes, feeling very nervous but prepared.

The lawyer from Midland calls my name and we step out into this side room and he asks

"So I see you are disputing if Midland actually owns the account"

I agreed

he said "They do"

I disagreed, and said they have no legal standing.

he said "You did have a GE Capital Card correct?"

I agreed

he said "Midland bought this debt and is now the owner"

I said I disagreed and we would let the judge decide.

 

he then said "Maybe we can come to some sort of agreement with payment plans"

 

I once again said "Let's let the judge decide"

He then said "Midland has told me to dismiss if I wanted to pursue any further"

He then pulled out a paper and entered 

Case dismissed

 

Now that is all GREAT and I'm super happy with the outcome.

It was dismissed without prejudice so I guess that gives them the right to try this again at a later date, is that correct?

Does that happen often?

 

Should I have pushed for "with prejudice"

 

I was so nervous and just wanted the whole thing over.

 

Thanks again!

  • Like 6

Share this post


Link to post
Share on other sites

 

Case dismissed
 
CONGRATS !!! WELL DONE !!!
 
Now that is all GREAT and I'm super happy with the outcome.
It was dismissed without prejudice so I guess that gives them the right to try this again at a later date, is that correct?
 
They could but in most cases they don't.
 
Does that happen often?
 
My guess that in IL that happens more often than in AZ (at least the last two years)
 
Should I have pushed for "with prejudice"
 
You could try to push ... but Judges usually prefer to rule "without" .. 
 
It's still a win (at least in my book).
 
 

Share this post


Link to post
Share on other sites

Yep, "without prejudice" means they can try again.  But...congratulations on what you've done so far.

 

You could have asked for 'with", but they probably wouldn't have agreed.

Share this post


Link to post
Share on other sites

Thanks!

 

I guess this means it will stay on my credit report since its "without prejudice"

Is there any way to have it removed from my credit report?

Share this post


Link to post
Share on other sites

It's a win. It would have showed up on you credit report even if it was with prejudice anyway. Congratulations.

Share this post


Link to post
Share on other sites

@StlCards

 

You did a great job!

 

::band::   ♫ Another one bites the dust! ♫  ::celebrate::

 

You can file a dispute with the credit reporting agencies (CRAs) based upon any information that might be incorrect.  But unless you have a ruling from the judge that says you don't owe the account or the plaintiff has not proven ownership, there's not much else you can do.

 

A dismissal with prejudice helps when a judge has made a specific ruling as to whether you owe the debt or the JDB owns it.

Share this post


Link to post
Share on other sites

First of all, congrats.  That is simply a fantastic result.  You should feel so good that you had the courage to defend yourself in court.

 

I have seen this so many times but it still amazes me.  What self-respecting lawyer can try to bully you into settling the case then dismiss when you refuse?

 

3 years of law school to bluff and fold to a non lawyer????

 

Again, congrats.

  • Like 3

Share this post


Link to post
Share on other sites

Congrats!

 

I've already re-read your op twice - I love reading the play-by-play when someone calls the bluff of a JDB lawyer. Good stuff.

Share this post


Link to post
Share on other sites

@ StlCards  -

 

 

::punk::    ALL RIGHT...YOU ROCK!!!!  I hope and pray I have your strength when I have to stand before a judge or else I will need a barf bag and Paramedics  LOL.

 

CONGRATUALATIONS ::travolta::::USA:::banana::multibounce:

Share this post


Link to post
Share on other sites

@StlCards -

 

Good job!  It is normal to be nervous the first time, but you stood your ground!!  Good for you!!   This is the same bullying tactic used by JDB lawyers every day in small claims court.  

 

Yes, they can file the case again.  It happened to me.  Don't be surprised if they do.  

 

So all your first timers out there, read and learn, what @StlCards describes is exactly what will happen in your case too, so push all the way to the end and force them to dismiss WITH prejudice or just say "let's have the judge decide who is right."   Be polite but FIRM.  And throw in a statement that you don't appreciate how the JDB has harassed you and your family and you are TIRED of it.

 

If you file a counterclaim against them for FDCPA violations when you file your Answer to their claims, it's more leverage you have to get them to dismiss with prejudice because you have to agree to dismiss your counterclaims also and they want that WITH prejudice as much as you do.

Share this post


Link to post
Share on other sites

You can see if you have a FDCPA violation against Midland or their attorney. Especially if Midland did not provide a shred of evidence showing that they own your account or that it is your account. 

Share this post


Link to post
Share on other sites

You can see if you have a FDCPA violation against Midland or their attorney. Especially if Midland did not provide a shred of evidence showing that they own your account or that it is your account. 

 

I was thinking exactly the same thing.......I have Midland now in Iillinois and am waiting to see if they sue. Why hasn't anyone tried countersuing Midland for knowingly and willingly filing a suit they know they have no intention of taking to trial? There is numerous case law now that can easily prove this.........what about sanctions against any attorney who is a willing participant in all these BS suits?

Share this post


Link to post
Share on other sites

 

So I wanted to start off by saying THANKS to all the people that post here.
I've been coming to this board for weeks now to get advice about my trial with Midland.
I've never posted before, but daily would go thru all the posts and get tips on how to deal with the JDB's
Reading all the posts made me feel less nervous about taking these guys on.
 
So this morning was my trial with Midland Funding.
I show up to court with all my notes, feeling very nervous but prepared.
The lawyer from Midland calls my name and we step out into this side room and he asks
"So I see you are disputing if Midland actually owns the account"
I agreed
he said "They do"
I disagreed, and said they have no legal standing.
he said "You did have a GE Capital Card correct?"
I agreed
he said "Midland bought this debt and is now the owner"
I said I disagreed and we would let the judge decide.
 
he then said "Maybe we can come to some sort of agreement with payment plans"
 
I once again said "Let's let the judge decide"
He then said "Midland has told me to dismiss if I wanted to pursue any further"
He then pulled out a paper and entered 
Case dismissed
 
Now that is all GREAT and I'm super happy with the outcome.
It was dismissed without prejudice so I guess that gives them the right to try this again at a later date, is that correct?
Does that happen often?
 
Should I have pushed for "with prejudice"
 
I was so nervous and just wanted the whole thing over.
 
Thanks again!

 

StlCards--

 

Can you tell the forum briefly about your case.  What motivated Midland to go with the dismissal ?  Apparently, they saw something which made them want to cut their losses and at least preserve an opening to file against you in the future.  Remember, they have to get in a follow-up filing BEFORE  the SOL is tolled.

 

Did they use their typical inadmissible hearsay evidence documents, like the following list ?

 

1. Bill of Sale and Assignment (single or multiple)

 

a.  Purchase Agreement referenced but not included/attached

b.  List of Accounts referenced but not included/attached

 

2. Computer Data Printout

 

3. Credit Card Account Statement

4. Verification Letter(s) from Midland Credit Management or Midland Funding

 

**** Congratulations by the way !! A Win in a win...Take it and watch your back for Act II.

Share this post


Link to post
Share on other sites

@StlCards -

 

Good job!  It is normal to be nervous the first time, but you stood your ground!!  Good for you!!   This is the same bullying tactic used by JDB lawyers every day in small claims court.  

 

Yes, they can file the case again.  It happened to me.  Don't be surprised if they do.  

 

So all your first timers out there, read and learn, what @StlCards describes is exactly what will happen in your case too, so push all the way to the end and force them to dismiss WITH prejudice or just say "let's have the judge decide who is right."   Be polite but FIRM.  And throw in a statement that you don't appreciate how the JDB has harassed you and your family and you are TIRED of it.

 

If you file a counterclaim against them for FDCPA violations when you file your Answer to their claims, it's more leverage you have to get them to dismiss with prejudice because you have to agree to dismiss your counterclaims also and they want that WITH prejudice as much as you do.

 

what happened with you refiling ?  Are you still in mortal combat with them .... ?

Share this post


Link to post
Share on other sites

First of all, congrats.  That is simply a fantastic result.  You should feel so good that you had the courage to defend yourself in court.

 

I have seen this so many times but it still amazes me.  What self-respecting lawyer can try to bully you into settling the case then dismiss when you refuse?

 

3 years of law school to bluff and fold to a non lawyer????

 

Again, congrats.

 

All winners are not lawyers .... they probably had 4 years of law school.

Share this post


Link to post
Share on other sites

@

They want to make money on the easy cases that don't show or won't fight.........

They have no intention of producing any witnesses........

 

Right, low-hanging fruit is always easier to pick.  But I wonder what made them fold at the 11th hour ?  What do you think ?

Share this post


Link to post
Share on other sites

I was thinking exactly the same thing.......I have Midland now in Iillinois and am waiting to see if they sue. Why hasn't anyone tried countersuing Midland for knowingly and willingly filing a suit they know they have no intention of taking to trial? There is numerous case law now that can easily prove this.........what about sanctions against any attorney who is a willing participant in all these BS suits?

 

Beaches&Beer...what happened with your case ?  What clearly inadmissible hearsay evidence & documents did they use in your case, or are you in discovery now ?

Share this post


Link to post
Share on other sites

The problem is they draw it out or ask for continuances and the FDCPA SOL is one year.  So if you don't countersue right off the bat you will be out of luck

  • Like 1

Share this post


Link to post
Share on other sites

So a few months ago I asked for a DV letter.

And they sent a letter, with their letter head on there.

 

The only other "proof" they sent me was a affidavit from an employee from Midland.

So I'm assuming that is why they dropped the case, they had absolutely no proof.

 

Thanks again to everyone.

I never would have tried to stand up to them without this board.

  • Like 1

Share this post


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.