MyOwnLawyer

Texas-Midland is proceeding to Trial after my answer..Help!

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Ok, I've gotten into a rhythm of Answer and dismissal on SOL issues...now here's one that still breathing.

 

Served last October on a debt that has a January SOL on it. So on that, no footing there. I responded with general denials in specific to the wording of their complaint.

 

Called the court a month ago. The Clerk said they have filed and received my response, but no court date(at that time). In a moment of despair, the clerk shared that Midland doesn't have their stuff together, so if I come prepared that will be a good thing.

 

So, trial date is set for end of January. At this point, there's the Filing and my denial.

 

What can I do at this point? DV letter was sent prior to all of this and what I got was an account statement with name, address, and balance.

 

What I am looking to asking in court is....

 

Prove I owe it. I'm not providing them anything...unless court demands it. Any specifics on how and what to deny?

Show me an account listing of how you arrived at this amount

Show me an original contract I signed with Midland

Prove your account verifier isn't signing off on a hearsay document

I'm not claiming fraud(a tactic on their part before), I'm denying I owe Midland until they prove it

 

I'm hoping to send enough requests that it will be dropped prior. Either way, I'm ready for the court day if I have to.

 

I've read through this forum and there are alot of great things I've copied/pasted into my Evernote file.

 

Help!

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What I am looking to asking in court is....

 

1) Prove I owe it. I'm not providing them anything...unless court demands it. Any specifics on how and what to deny?

2) Show me an account listing of how you arrived at this amount

3) Show me an original contract I signed with Midland

4) Prove your account verifier isn't signing off on a hearsay document

5) I'm not claiming fraud(a tactic on their part before), I'm denying I owe Midland until they prove it

 

 

 

1) If you are at trial they will ask you if you ever had that card, if your name and address are correct on the statements etc.

2) It's not the 1800's. There is trust in the computers that run the modern world.

3) Use of the card IS the signed contract. This isn't the pre-internet era.

4) Depends on your state's business document rules. Most states allow just that.

5) Which means it's your debt and everyone in the room will know it. All comes down the judge and most of them feel that fighting a debt on technicalities is waste of the courts time. "Judgement for plaintiff, award fees and costs."

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Look up TX consumer laws.  I remember reading that TX has some of the better consumer protections and hoops a CA must jump through, but you need to know your rights in order to demand them.   If any apply, you may want to consider a counter suit.  Midland is likely to agree to a mutual dismissal if they are facing a counter suit from you.

 

Alternatively, if you have no violations to counter sue on, I would look into arbitration.  Often, just getting a judge to order your motion to compel arbitration is enough to get Midland to dismiss.

 

Your goal should be to throw down as many blocks in the road as you can until you find one that Midland will stumble over and give up.  I would not rely solely on the "prove it" aspect.

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Ok,  I hope it helps others.

 

I arrived in the courtroom early and the Midland atty came in to discuss settlements and continuances as he was authorized on behalf of Midland to offer those. I was the last person he asked if we needed to discuss anything and I firmly said no.

 

The others in the room sought continuance, so when it came down for the judge to come in, I was the last man standing. Talk about nerve wracking.

 

I approached the bench with Midland's attorney. It was quite a volleyball between the lawyer, the judge and myself for 20 minutes. I defend me Pro Se. Me against years of lawyer school and both of us pleading before an Honorable Judge. I will say, the judge certainly had honor. I'm sure he sees this alot. At some points, I wished I had relented and gone the settlement route, but once you're in front of the judge, it's all or nothing.

 

Before the judge gave the ruling, the Midland attorney moved to dismiss. The judge granted it. Afterwards, the attorney stated that he could've easily won, but he believed me in my responses. The attorney stated that. I simply thought he was being nice in front of the judge since he sees him alot more than I do.

 

It was very apparent that the lack of a contract along with even more lack of proof that I had incurred the debt was ample for the judge. It was bonus to me that the Midland Atty dismissed it beofre the judge ruled.

 

At the end, one of the the defendants came over to me and asked how I knew all of that. She's a member here and I encouraged her to look me up. 

 

Once I exited the courthouse, I shouted for joy and skipped all the way to the car.....literally.

 

Total cost to me? $16.02 for the Certified Mail to Midland and the JP Court. Period.

 

Yes, it's possible to beat them. Be prepared, stay calm, and answer honestly....and save everything like correspondences, track the dates and times of phone calls...record them if possible, Debt Validation+Certified USPS. Once you're there, take a deep breath and pray for the best.

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Yay, I was the lady in court today. He did jump and shout all the way to the car. I had a smile on my face for a good 10 minutes.

 

You were great!

 

Attorney name is Mark Stout of Padfield and Stout

 

Oh the attorney did mumble that things like this have happened before with Midland. ( Getting records mixed up).

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TexasRocker....it was Kristy Gabrielova's firm. They hired the attorney to fill in for them today. She just couldn't make it today.

 

Juh, I was intently listening to you and the Midland Lawyer beforehand. The other attorney in the back who was there to defend another client from Midland....I was disappointed he wasn't going to be up front first. I was SO going to glean any nuggets from his responses and defenses. My resolve was to be firm, yet nice. I wasn't going to allow any room for showing emotion...although I do recall having to take a breath at one point.

 

I would have LOVED to have had a video of the interaction. I surprised myself with the cool and calm, but I felt the Judge was fair and asked good questions of me.

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