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Sued By Midland Funding in Tarrant County, TX


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Hi,

I'm being sued by Midland Funding in Tarrant County, TX.  Original debt was from Citibank. It was at the Justice Court. I've submitted the answer,  submitted the Motion to Conduct Discovery (both from @texasrocker) to the court and the plaintiff.  They have not reply to my discovery yet. They filed a Motion for Summary Disposition.  Together in the mail they sent me includes the Affidavit of Business Records for Filing and the Bill of Sale and Assignment.   I've received a letter from the court regarding this Motion and a pre trial date on 10/31. How do I respond to the Motion?  Do I need to respond by writing or just show up at court objecting it? Please help. 

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7 hours ago, willguy said:

How do I respond to the Motion?  Do I need to respond by writing or just show up at court objecting it?

Both.  All you need to do is object to their motion.  MSJ is NEVER granted unless the other party does not show or contest it.  You file a response to their motion opposing it.  You will need to find other oppositions and copy the format and adjust the wording for your case.  File it with the court prior to the hearing then show up for the hearing. 

In Texas courts they feel that the facts are to be determined at trial and if one party files a MSJ and the opposing party objects then it is summarily denied.  I filed one when I sued a CA and they opposed.  At the hearing the Judge clearly explained that unless they had agreed with my facts or not shown up it would not be granted.  Just show up on that day after filing that response.

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1 hour ago, texasrocker said:

It is way to early for them to be filing such a motion as there has not been adequate time for discovery. 

As long as 20 days has elapsed since the suit was answered by the Defendant then it is not too early by the Justice Court rules.  The law firm is hoping the Defendant doesn't answer opposing the motion because that will get it approved.  

1 hour ago, texasrocker said:

You need to contact the court about having your motion to start discovery heard and request a continuance until they answer your discovery.

BIG mistake not to file an opposition to that motion.  The OP would be taking a HUGE risk that the court simply grants their motion and never hears their for discovery.  

I don't know when you last fought a case in Justice Court but I filed a pro-se suit and appeared twice back in the spring for the process and things have changed a little when it comes to these cases especially in Dallas and Tarrant County.

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3 hours ago, Clydesmom said:

  BIG mistake not to file an opposition to that motion.  The OP would be taking a HUGE risk that the court simply grants their motion and never hears their for discovery.  

I don't know when you last fought a case in Justice Court but I filed a pro-se suit and appeared twice back in the spring for the process and things have changed a little when it comes to these cases especially in Dallas and Tarrant County.

Jeez, who said not to file an opposition to that motion?   By all means it is imperative that you respond with an opposition and attach a notarized affidavit stating that the facts asserted in your response are true and based on your personal knowledge, the basis of how you came to have said personal knowledge, facts are stated as evidentiary facts and not conclusions, and that you are over 18 years old and of sound mind.

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  • 2 weeks later...
42 minutes ago, willguy said:

How long do I have to file the opposition? My pre-trial date is on 10/31. I've attached my opposition here. Could someone please look at it before I submit it to the court. Thank you.

PRA-OPPOSE TO SUMMARY DISP MID.doc

Change the wording of your title to "Defendant's Response and Opposition to Plaintiff's Motion for Summary Disposition ."  There is no such thing as  dismissal of a motion.  It is either granted or denied.   File it with the court immediately.

I've received their answer to the discovery (by

@texasrocker ) that i requested. What should be the next step to it?

Can you post the answers?  I presume they are mostly objections.

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10 hours ago, texasrocker said:

Change the wording of your title to "Defendant's Response and Opposition to Plaintiff's Motion for Summary Disposition ."  There is no such thing as  dismissal of a motion.  It is either granted or denied.   File it with the court immediately.

 

 

Can you post the answers?  I presume they are mostly objections.

I need help with the affidavit. What do I state on there? Is it going to be the same as the opposition?

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Got it...  Just as I expected, dodging the answers pertaining to authenticating the OC's records. 

Send them a letter via certified mail stating that if you do not receive answers to your discovery items within seven days then you intend to file a motion to compel those answers and the complete forward flow agreement showing chain of title of the alleged account.

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13 minutes ago, texasrocker said:

Got it...  Just as I expected, dodging the answers pertaining to authenticating the OC's records. 

Send them a letter via certified mail stating that if you do not receive answers to your discovery items within seven days then you intend to file a motion to compel those answers and the complete forward flow agreement showing chain of title of the alleged account.

Alright, I'll send them a letter immediately. At the same time I pm'ed you the affidavit. Could you please see if that's is sufficient. Really appreciate your help. Thank you.

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I Just checked the court record online and although Midland sent me the answer to the discovery, it was not on record. Does that mean they did not file it with the court? The signature and date on the certificate of service page on all other documents they sent was photocopied but on this, it's hand written. Are they trying to pull a fast one on me?

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7 hours ago, willguy said:

The judge granted the plaintiff the summary disposition stating that all their points is valid.

I am surprised.  Everything I have experienced in the TX courts (though not Tarrant County) was that a motion for summary disposition is denied if opposed.

8 hours ago, willguy said:

What should my next step be?

Unfortunately that means they won the case.  You can appeal but you would have to post an appeal bond in the amount of the verdict to do so.  

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@willguy

When Midland filed for Summary Disposition, was this notice on the Motion that you received?   Did you respond within 14 days?

4) The first page of the motion shall contain the following statement in at least 12-point, bold-face type: "Notice to parties: This motion requests the judge to decide some or all of the issues in this case without holding an evidentiary hearing on the merits. You have 14 days after you received this motion to file a response. If you do not file a response, this case may be decided against you without an evidentiary hearing on the merits. See SOAH's rules at 1 Texas Administrative Code §155.505. These rules are available on SOAH's public website."

 

   (5) A party's motion may be denied for failure to comply with these requirements.

 

(c) Responses to motions: deadlines, content, and format.

 

   (1) A party may file a response and summary disposition evidence to oppose a motion for summary disposition. The response and opposing summary disposition evidence shall be filed within 14 days of receipt of the motion, unless otherwise ordered by the judge.

 

   (2) The response shall include all arguments against the motion for summary disposition, any objections to the form of the motion, and any objections to the summary disposition evidence offered in support of the motion.

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27 minutes ago, debtzapper said:

@willguy

When Midland filed for Summary Disposition, was this notice on the Motion that you received?   Did you respond within 14 days?

4) The first page of the motion shall contain the following statement in at least 12-point, bold-face type: "Notice to parties: This motion requests the judge to decide some or all of the issues in this case without holding an evidentiary hearing on the merits. You have 14 days after you received this motion to file a response. If you do not file a response, this case may be decided against you without an evidentiary hearing on the merits. See SOAH's rules at 1 Texas Administrative Code §155.505. These rules are available on SOAH's public website."

 

   (5) A party's motion may be denied for failure to comply with these requirements.

 

(c) Responses to motions: deadlines, content, and format.

 

   (1) A party may file a response and summary disposition evidence to oppose a motion for summary disposition. The response and opposing summary disposition evidence shall be filed within 14 days of receipt of the motion, unless otherwise ordered by the judge.

 

   (2) The response shall include all arguments against the motion for summary disposition, any objections to the form of the motion, and any objections to the summary disposition evidence offered in support of the motion.

None of this are on the Motion I received. The judge just said that the affidavit given by the OC employee is valid, the card agreement is valid, the statements provided are valid. All of the documents the Plaintiff presented is enough to proof that the debt is valid without the need for them to further proof it and is enough to grant them the judgement. None of the FDCPA rules or cases applies in this matter because they are not related to this case. 

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One option to consider is a trial de novo appeal, my understanding is everything resets as if the first trial never happened and the appeals cost are waived, however the new trial is in a court of record like county court vs the original that was in justice court.

 

I am not a lawyer and this is not legal advice.

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5 hours ago, Kreaper said:

One option to consider is a trial de novo appeal, my understanding is everything resets as if the first trial never happened and the appeals cost are waived, however the new trial is in a court of record like county court vs the original that was in justice court.

 There certainly could be an appeal bond and I believe there is only a few days window before the deadline to initiate it.  It is definitely advisable to hire an attorney if one decides to go this route.

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