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[musicmaker123]

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[shellieh98]

Your husband is not judgement proof, but he may be collection prof. There is a difference as midland can get a judgement that will go against his credit report, and if his circumstances ever change they can collect then.

Look on midlands website and see what they consider hardship cases. If you think you qualify, it won't hurt your case to talk with the lawyer, stating what you found. Don't flat out admit the debt, but tell them a suit is very expensive, and rather than go down that road you believe you qualify under midlands consumer bill of rights. Midland is usually pretty good about honoring them if you do qualify. dONT sign any sort of stipulated judgement. They will either dismiss the case, and quit trying to collect from you, or try to get you to sign a stipulation. The only stipulation I would sign would be one that said the debt us forgiven, and I owe zero.

If they decide to dismiss, just be watchful over the next couple of years until the debt is time barred.

This would be a settlement talk, and those cannot be used against you in court, so give it a try. If they think you do not qualify, then we can help you prepare.

I know you said he went to a pre trial conference, but did he ever answer the suit? If not, he needs to do that. ( filing a paper with the court that answers the suit with a denial)

[shellieh98]

Oh and most of that stuff you told him to ask for in court are things that you would request in discovery. If this is small claims, he would need to read your courts rules on discovery, some courts you need permission to conduct discovery, some don't. Also, there will be no signed contract. Use of the card is an agreement to the terms of the contract. All they need to do is show that you used the card, and made a payment.

You said they showed last payment March 2014? How did they show that, did they just say it, or was there a statement included that showed you made a payment? Sometimes jobs will take the last activity such as a charge off and put that as last payment, but it really wasn't a payment. I would check my own bank records to find out when I stopped paying on a card.

Also, is glad. A community property state? If so, any assets you have are his also. If not, your good. If the car is worth under 5 k, most cases they can't touch it, it would depend on your states rules and laws.

[CCRP626]

@musicmaker123 I would like to ask if there are any lawyers here

Send a message to @LawKitty

you can also contact http://www.clintcurtis.com/or NACA's list of consumer attorneys at http://www.consumeradvocates.org/find-attorney

 

 

I would think that the judge would want him to have stated everything he wanted from Midland at the first court meeting.

He can always amend his answer or if he hasn't given one yet and it looks like you've got enough to dismiss the case, go ahead and look at a pre-answer motion to dismiss If Florida allows.

 

One thing in your husband's favor if he gets nervous is to approach this as let the paperwork do the talking. That also preserves the record for later where doing this orally won't without a transcript. If it ever gets to trial where the stage skills come in handy, an attorney would come in handy, but that's a ways away.

 

Would it be better to call and try to talk to them to let them know this?

For the settlement meeting, one condition should be you're present. They can play all the you're not an attorney stuff inside the courtroom but for discussing settlement you can be there with your husband. Draft up a power of attorney agreement if needed for debt settlement discussions or something along those lines if needed. You can do all this outside of those court meetings.

 

One thing you might want to research is judgment exemptions for Florida.

http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/f1bc20015cfdb2e985257408005290ed!OpenDocument

[debtzapper]

Definitely send a PM to @LawKitty.  She is a member here, an excellent lawyer and willing to help others.  

[musicmaker123]

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[musicmaker123]

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[musicmaker123]

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[shellieh98]

So it looks like you would need to get a notarized POA from your husband to do this for him.

[LawKitty]

I responded in pm @musicmaker123

This case appears to be one that can easily be fought and if done right, your husband may not have to attend the pre-trial continuation.  I would go ahead and file an answer before then, with affirmative defenses.  Also I always file a notice for them to post their non-resident cost bond.  Most will do so if you call them on it, but every once in a while you get one that forgets (because they have so many cases).  They are supposed to do it, so I make them do it.  This case looks like a good one to file a Motion for Summary Judgment against the JDB as well.  Many times they will voluntarily dismiss once you begin to fight back.  After all, they want the easy default judgments, consent to judgments, or stipulations; and most cases they file end in one of those.

[shellieh98]

A couple of things.  Is this suit in small claims court?  If not, you will not be able to represent him.

They are suing you for 1 charge. Account stated.  This means they do not need to produce any agreement for the card, they only need one statement with a balance, a bill of sale, the data sheet to argue their case as account stated.  So the areas to study are your defenses against account stated.

 

In order to be able to claim account stated they have to 

1. Show there were prior transactions between the parties which establish a debtor creditor relationship.

 

2.   That there was an express or implied agreement between the parties of the amount due.  They say by sending you a bill and you didn't object to it in a timely manner, you agreed with the bill.  That is your implied contract.  

 

3.  and express or implied promise to pay.  

 

So in order to beat an account stated charge, you need to show you had no agreement with the OC and the JDB.  (but especially the JDB)  That you did not agree on a balance owed.

 

This is why you deny the account and make them prove it was yours.

Then you challenge standing.  This is to prove you have no binding agreement with the JDB.  

​You challenge the records as being heresay.  They will try to use an affidavit from one of their people at midland to authenticate the business records.  You need to study the rules in Florida that show what the affidavit must contain for them to be able to use it.  AND weather or not if objected to if they can use that affidavidt in court.  Many states won't let you use the affidavit if objected to and this makes it so they need a live witness.  

 

If you get that far, you need to learn how to impeach that witness, and why he or she is not trustworthy by asking questions that would show they don't know anything about the records.  How they were kept and maintained in the regular coarse of business at the OC, and at the JDB offices.

[BV80]

@LawKitty

 

Thank you for responding!   Your help is greatly appreciated. 

[debtzapper]

@LawKitty

 

I absolutely agree with @BV80.

[debtzapper]

  Many times they will voluntarily dismiss once you begin to fight back.  After all, they want the easy default judgments, consent to judgments, or stipulations; and most cases they file end in one of those.

 

Very true and they are even more likely to dismiss when they know the defendant is represented by counsel.

[musicmaker123]

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[musicmaker123]

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[musicmaker123]

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[LawKitty]

Is it just me or did all the posts by the OP disappear or were replaced with ...?

[BV80]

@LawKitty

 

It's not you.   I don't know why this has happened unless the OP did it.

[sadinca]

I see everyone chiming in and helping but all I see from musicmaker are "..." Im not in florida so it really doesn't matter. just curious. lol

[Anon Amos]

Deleted

[musicmaker123]

All docs have been submitted and the case is in progress. The posts were removed by me due to this fact,  but I will repost all docs in the event that the case outcome is favorable in the hope that they might be able to help others in this forum in their fight against the JDB. Sorry for any confusion or upset.  Due to the conditions of my case and our location, this was the best move for our particular situation. thank you for all that have helped me!

[CCRP626]

The normal guidelines of not posting exact dollar amounts and other detail seem sufficient. Google can find posts here, so a debt buyer posting doesn't seem a game changer. I'm sure debt buyers have been lurking for a long time.

AND beware of private messages- that would be a concern, one of these guys asking something obvious like where you garage your classic Ferrari.

[Anon Amos]

Deleted

[CCRP626]

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