AuthorCat

Now Being Sued by Midland Funding in California - HELP ASAP

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UPDATE ON MIDLAND FUNDING, LLC DISMISSED CASE: :BigDance:

Mailed a Defendant's Memorandum Cost of Suit letter and attached a copy of the stamped MoC and its PoS.

After waiting 20 days (15 + 5 if mailed, as suggested by Calawyer), I mailed the above per 1st class USPS on April 11, 2017.

LO and BEHOLD - received a check for $240 on April 15, 2017!

H&H enclosed a letter asking that, after the check clears, to please file a "Satisfaction of Judgment" (with Proof of Service) with the Court and to send them a copy.

I'm still working on getting my cost of suit for LVNV Funding back, but at least got the cost back from this second case (Midland) for the second case.

This closes this case, at least!

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EXCELLENT!!!!

 

Bet when this case started, you never thought Midland would be sending YOU a check!

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You'd win that bet! In fact, for a few days, I was afraid that we'd have to settle! But thanks to you and Anon Amos, we WON and now we have a check to prove it! Knowing that it was a net loss for them was icing on the cake.

xsheepxxguitarx:everybodyclap:

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Question about the Acknowledgment of Satisfaction of Judgment form (EJ-100 How to Fill Out Sample) - since no judgment has been officially entered other than my filing the MC-010, what Date of Judgment  do I enter here?

Is it the day they filed the Motion for Dismissal (March 13, 2017), the date the Motion was heard (March 15, 2017), or the date that I filed the MC-010 (March 20, 2017), or the date that's 15 days after filing the MC-010 in order to take into account that they have a right to file a Motion to Tax? (April 11, 2017)?

Also, the Acknowledgment of Satisfaction of Judgment has to be notarized,

But is it true that there is a $25 dollar fee to file this? The Court charges $25 for a Certificate of Satisfaction (page 4, #79)?

I need to file the EJ-100 this Tuesday, so I'd appreciate any swift response when you can.

Thanks a million!

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If you are filing it Tuesday  then I wouldn't worry about what date it's due (who cares if it's late?). In fact I wouldn't worry about it period. I wouldn't pay 25 cents to notarize it either (I would just file it without it). They're lucky you are even filing it in the first place. You already beat them and got your cost back anyway, so what can they do, sue you?

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10 hours ago, Anon Amos said:

If you are filing it Tuesday  then I wouldn't worry about what date it's due (who cares if it's late?). In fact I wouldn't worry about it period. I wouldn't pay 25 cents to notarize it either (I would just file it without it). They're lucky you are even filing it in the first place. You already beat them and got your cost back anyway, so what can they do, sue you?

You're right. Not going to notarize since that is simply to benefit Midland and is not a requirement to file EJ-100 with the Court. I'll skip the notary public and save $15.

Also, although I'm required to file an EJ-100 in order to formally close the case, they asked that we do so after the check cleared. It cleared on April 19th, and that means the 15-day countdown starts from that date, right Anon? If so, that makes it May 3rd when it has to be filed, so I'll wait till May 3rd.

But what 'judgment date' should I enter? The day I filed the MC-010?

Thanks so much for responding!

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2 hours ago, AuthorCat said:

You're right. Not going to notarize since that is simply to benefit Midland and is not a requirement to file EJ-100 with the Court. I'll skip the notary public and save $15.

Also, although I'm required to file an EJ-100 in order to formally close the case, they asked that we do so after the check cleared. It cleared on April 19th, and that means the 15-day countdown starts from that date, right Anon? If so, that makes it May 3rd when it has to be filed, so I'll wait till May 3rd.

But what 'judgment date' should I enter? The day I filed the MC-010?

Thanks so much for responding!

What I would do is under item 1, "full satisfaction" I would type "of costs awarded after dismissal".  THey were not officially awarded by the Court, but they were by operation of law.

THe other possibility is to prepare a judgment of dismissal (forms on the site) and enter the amount of the cost award.  Mail both the judgment and satisfaction to the Plaintiff and tell them to file the judgment first and the satisfaction once they get the date of entry.

In either case, I would simply fill it out and return the document(s) to plaintiff.  Let them file and pay any fee if they want it in the record.

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53 minutes ago, calawyer said:

What I would do is under item 1, "full satisfaction" I would type "of costs awarded after dismissal".  THey were not officially awarded by the Court, but they were by operation of law.

That's what I thought since there was no official entry of judgment by the Court.

54 minutes ago, calawyer said:

THe other possibility is to prepare a judgment of dismissal (forms on the site) and enter the amount of the cost award.  Mail both the judgment and satisfaction to the Plaintiff and tell them to file the judgment first and the satisfaction once they get the date of entry.

In either case, I would simply fill it out and return the document(s) to plaintiff.  Let them file and pay any fee if they want it in the record.

I like your strategy better, Calawyer.

As for the Judgment of Dismissal, are you referring to the [Proposed] Judgment of Dismissal like the one here? That and the EJ-100 (both filled out) and then send to them?

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21 hours ago, AuthorCat said:

That's what I thought since there was no official entry of judgment by the Court.

I like your strategy better, Calawyer.

As for the Judgment of Dismissal, are you referring to the [Proposed] Judgment of Dismissal like the one here? That and the EJ-100 (both filled out) and then send to them?

Yes.  It is pathetic, but these guys really don't know how to litigate.  My guess is that if you just signed the form and sent it back for them to fill out and file (which is yet another option), they either wouldn't do it or it would get bumped by the Court.  "Satisfaction of Judgment"?  What judgment?  THe whole cost bill becoming an award happened by operation of law, outside of court, when they didn't file a motion to tax.

I only suggested the Judgment of Dismissal route because I think that is better for you. That way, if you ever have to explain this case to anyone (a potential creditor, employer, etc), you can truthfully say, "they sued me but I ended up with a judgment in my favor."

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