Panove4

Midland Funding in AZ

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I'm holding out for Anon's US Supreme Court case citation....

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Midland Funding filed a Motion of Opposition to Motion to Compel Private Arbitration citing that "defendants request for private arbitration is based upon exhibits which are not related to his account. The terms presented to the Court are not for Defendant's account and therefore not binding on this case". I believe that is in referenced to the current terms and condition of Synchrony Bank (formerly GE Money Bank) included with my motion. I don't have any terms and conditions for GE Money bank, the alleged creditor at the time the account was open almost 7 years ago. Any recommendation?

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I found a 2008 GE Money Bank Card Agreement online but it's doesn't have GE info printed on the bottom of all the pages.  The agreements have general terms and conditions, pricing, and fee information. They are not specific to an individual's account information so I'm wondering if I should respond to the latest Motion with a copy of a 2008 GE Capital Terms & Conditions and inform the court that both the Synchrony T & C and the 2008 GE  T & C are applicable to the account. Any recommendation? 

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CFPB Takes Action Against the Two Largest Debt Buyers for Using Deceptive Tactics to Collect Bad Debts

Encore and Portfolio Recovery Associates Must Refund Millions of Dollars and Overhaul Debt Collection and Litigation Practices 

 

http://www.consumerf...lect-bad-debts/

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Update: Apparently there was a Evidentiary Hearing on my Motion to Compel which I didn't realize because there was also a court hearing that was vacated.

The notification from the court "checked box" indicates that the scheduled court date of Trial for 10/19/15 has been vacated. Right above that another "checked box" indicates "Other: Evidentiary Hearing on Defendant's Motion to Compel". I read the "vacated" to mean that the hearing that day has been vacated. I didn't understand that it meant the Evidentiary Hearing "in place of" so I didn't go to court.

Just found out today that the court granted Summary Judgement in favor of the Plaintiff, apparently because I didn't show up to court. Is there any recourse for me or after all this it's now over? Someone please chime in. Thank you.
 

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Under AZ Rule 60  you can motion the court to set aside a Summary Judgment, if you can show " mistake, surprise, inadvertence or excusable neglect." Perhaps you could tell the court that you mis-read the notification and ask the court's indulgence to set aside the summary judgment and schedule another evidentiary  hearing.  Maybe an AZ member could offer some insight here.

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Court denied motion and entered summary judgment in favor of plaintiff. Seems CFPB Consent Order doesn't matter to these courts. What to do now?

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The deadline to file a notice of appeal in Justice Court is 14 days after the clerk enters the judgment into the record (not when the judge signs the order). You are supposed to receive notice of this event. If you did not receive this notice in a timely manner, you can file a Rule 60/141 motion to have to judgment vacated and reentered for the purposes of resetting the appeal deadline clock. The prerequisites for such a motion are that you show the clerk did not send the notice and that you acted with haste upon discovering the judgment. The holidays may work to your advantage in this regard.

 

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Seems CFPB Consent Order doesn't matter to these courts.

The CFPB order does matter because the judge on his own initiative issued to Midland what essentially amounts to an order to show cause to proceed with the lawsuit against you. Not to rub salt into the wound here, but for the sake of demonstrating the importance of hearings and deadlines, it needs to be said that you missed at least one hearing and another deadline or two. Midland capitalized on these opportunities and now has a summary judgment order against you. I'd like to belive it's an FDCPA violation for Midland to ask the court to rule on their MSJ when there is a standing order to the contrary, but it's something you're best off asking a consumer lawyer about.
 

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"Not to rub salt into the wound here, but for the sake of demonstrating the importance of hearings and deadlines, it needs to be said that you missed at least one hearing and another deadline or two."

 

Absolutely true.  Opposing counsel will pounce on every missed hearing and deadline and it annoys judges.  But it's not just pro se litigants who miss deadlines; lawyers do it too.  It is the number one reason for complaints and legal malpractice.

 

http://apps.americanbar.org/lpm/lpt/articles/tch12062.pdf

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Opposing counsel will pounce on every missed hearing and deadline and it annoys judges.

Just to clarify, you mean that it's the missing of the deadlines and hearings that annoys the judges and not opposing exploiting the opportunities created by the oversights, is that correct?

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