gumomistar

Being sued by Midland Funding LLC (Blitt & Gaines). Confused and need assistance.

Recommended Posts

1. Who is the named plaintiff in the suit?

Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Blitt & Gaines, P.C.

3. How much are you being sued for?

$1,148.20 plus costs.

4. Who is the original creditor? (if not the Plaintiff)

Synchrony Bank - Amazon Card.

5. How do you know you are being sued? (You were served, right?)

I was served.

6. How were you served? (Mail, In person, Notice on door)

Younger brother received a summons packet at 2 PM on 12/26/18. 

7. Was the service legal as required by your state?

Process Service Requirements by State - Summons Complaint

Yes. However, it did not come in a sealed envelope but rather a paper packet. What's more odd is that the packet has two front pages missing.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I did receive a collections notice from Blitt & Gaines a month or two ago.

9. What state and county do you live in?

Illinois, Lake County.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

No payments made.

11. When did you open the account (looking to establish what card agreement may be applicable)?

11/01/2016

12. What is the SOL on the debt? To find out:

Time has not expired on the debt for written, oral, and open-ended accounts.

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Suit served. 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No I have not.

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No I have not. Should I do this now after having received my served/summon packet on 12/26/18?

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I did not receive an interrogatory. Unsure how long I have to respond to the suit as there is only a date in which I am to appear in court. This may be on the first two pages that the packet had missing?

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Statements from the OC are only listed within the complaint. They only sent an affidavit from an affiant named Pat T. who is "an offer for Plaintiff and designated full-time employee of Midland Credit Management, Inc..." The affidavit only includes an online summary of account activity from Amazon.com's Synchrony Bank. There is no original contract included within the affidavit at all. (Please see included .pdf file). 

18.  How did you find out about this site?

Looked online for Midland Funding LLC suing and well...there were some interesting articles on this site.

 

Share this post


Link to post
Share on other sites

I am going to be starting school again in the Spring semester and am having a huge headache over this. This whole situation is exacerbating my insomnia. I have scoured this forum along with other websites to see what the best course of action but am still confused as to what initial steps to take. 

So far from what I have gathered, my options are:


1. Motion to Dismiss based on hearsay or lack of sufficient evidence concerning ownership of the account including that of the official, contractual agreement.

2. Private Arbitration using the arbitration clause for the card.

The things I am particularly confused about is what order of steps I should take now that I have received these papers. I am utilizing Illinois's Odyssey eFileIL & Serve and am incredibly perplexed about this whole process or where to begin. It has been very difficult for me in regards to figuring out how I will pay for all of these court filing fees. As for the order of steps, are these ideal?


1. Fill out Application for Waiver of Court Fees. (Is this submitted on the efiling Odyssey website?)

2. Draft, review, and submit the answer to Odyssey.

3. Fill out Motion to Dismiss or Arbitrate. (At what point do I decide between one or the other? I have looked at the forum and some are suggesting to MTD based on the erroneous affidavit and others imply to arbitrate as the plaintiff will not want to pay costs towards AAA or JAMS). 

- If I file a motion to dismiss would I state that there was a failure to state a claim e.g. the original contractual agreement on top of lack of sufficient evidence that the defendant owes the debt to the plaintiff? There are two options on the Odyssey website: Motion to Dismiss Party Defendant & Motion to Dismiss Party Plaintiff. Would I select MTD Party Defendant?

-If I arbitrate, I realize that there are capped costs for AAA but not JAMS. In the instance I arbitrate, do I submit all required documents before the date of the summons? Or, do I tell the judge that I am entering private, contractual arbitration then and there?

-Which option seems to be the better of the two here and at what time do I go about doing this? Do I do this before the summon date or at the summons listed on the court date.

I apologize for the length of my questions but am confused in regards to the process. Dealing with family, school, work, and now this...has left me incredibly devastated as I don't want a judgment to appear on my credit report nor my wages garnished. Any assistance is greatly appreciated! I love this forum and the vast wealth of information there is by members whom have undergone the same struggles.

Share this post


Link to post
Share on other sites
28 minutes ago, gumomistar said:

1. Motion to Dismiss based on hearsay or lack of sufficient evidence concerning ownership of the account including that of the official, contractual agreement.

This is outdated and no longer effective.  The new business records laws have covered this.  There is no original contract in a credit card case and the courts know it.

29 minutes ago, gumomistar said:

2. Private Arbitration using the arbitration clause for the card.

This is your very best option.  Synchrony has the BEST arbitration clause of all the creditors.  Read up on using this.

  • Thanks 1

Share this post


Link to post
Share on other sites
42 minutes ago, Clydesmom said:

This is outdated and no longer effective.  The new business records laws have covered this.  There is no original contract in a credit card case and the courts know it.

This is your very best option.  Synchrony has the BEST arbitration clause of all the creditors.  Read up on using this.

Clydesmom, thank you for the quick reply!

I did delve into the "Arbitration Overview & Strategy" and am coming to these steps:


1) Fill out Application for Waiver of Court Fees

2) Draft Answer & Motion to Compel (MTC) Arbitration then file Arbitration Case with AAA.

3) Wait, go to the court summons and ask the judge to move the case to arbitration per card agreement?

Several questions regarding this process. As I was served, should I draft the Answer, MTC, and file all simultaneously at the same time? Or, are there certain time frames that I should be made aware of?

As for the Answer, I intend to draft it in a manner that denies all allegations within the complaint and also include/mention arbitration as my defense. Is it possible that you or any of the other lovely members could check this draft to see that it is proper?

Thanks so much for helping me out! 

Share this post


Link to post
Share on other sites
1 hour ago, gumomistar said:

If I file a motion to dismiss would I state that there was a failure to state a claim e.g. the original contractual agreement on top of lack of sufficient evidence that the defendant owes the debt to the plaintiff? There are two options on the Odyssey website: Motion to Dismiss Party Defendant & Motion to Dismiss Party Plaintiff. Would I select MTD Party Defendant?

Along with the explanation provided by @Clydesmom , a motion to dismiss tests the sufficiency of the complaint.  It means the complaint is insufficient or defective in some way.  Midland’s complaint appears to state enough facts.  

Hearsay would not work unless the court rules say that evidence offered with the complaint must already be authenticated.  Lack of sufficient evidence would not work because discovery has not taken place yet.  You don’t know what other evidence they may present.

In addition, the affidavit appears to comply with the IL Supreme Court rule regarding debt buyers.  Note that it states:

The court case is based on an unwritten contract, and attached is a copy of a document provided to the consumer while the account was active, demonstrating that the consumer debt was incurred by the consumer. For a revolving credit account, a statement reflecting the charge-off balance shall be deemed sufficient to satisfy this requirement.

  • Thanks 1

Share this post


Link to post
Share on other sites
1 minute ago, BV80 said:

Along with the explanation provided by @Clydesmom , a motion to dismiss tests the sufficiency of the complaint.  It means the complaint is insufficient or defective in some way.  Midland’s complaint appears to state enough facts.  

Hearsay would not work unless the court rules say that evidence offered with the complaint must already be authenticated.  Lack of sufficient evidence would not work because discovery has not taken place yet.  You don’t know what other evidence they may present.

In addition, the affidavit appears to comply with the IL Supreme Court rule regarding debt buyers.  Note that it states:

The court case is based on an unwritten contract, and attached is a copy of a document provided to the consumer while the account was active, demonstrating that the consumer debt was incurred by the consumer. For a revolving credit account, a statement reflecting the charge-off balance shall be deemed sufficient to satisfy this requirement.

I just saw that part in the packet. Thank you for clarifying why an MTD would not work in this case!

As for my prior inquiries in the post after @Clydesmom are there any insights you can offer in regards to the steps I have outlined for arbitration and whether they are erroneous or are correct? Much thanks.

Share this post


Link to post
Share on other sites
22 minutes ago, gumomistar said:

I just saw that part in the packet. Thank you for clarifying why an MTD would not work in this case!

As for my prior inquiries in the post after @Clydesmom are there any insights you can offer in regards to the steps I have outlined for arbitration and whether they are erroneous or are correct? Much thanks.

I’m not as familiar with arbitration procedures.  Let’s call on @fisthardcheese  @Harry Seaward

Share this post


Link to post
Share on other sites

I would file the answer and MTC at the same time if time permits and you are able to get both ready by the deadline to answer.

I would NOT file AAA or even worry about arbitration until after the court grants your MTC.

  • Like 1

Share this post


Link to post
Share on other sites
23 hours ago, fisthardcheese said:

I would file the answer and MTC at the same time if time permits and you are able to get both ready by the deadline to answer.

I would NOT file AAA or even worry about arbitration until after the court grants your MTC.

@fisthardcheese

Thanks for the reply. You and all the people here are a saving grace. My fee waiver & appearance have both been accepted by the court so far. I am intending to file an answer and MTC at the same time. However, the online filing service only allows me to file one item at a time into my case. Meaning that I will have to continuously file into an existing case for each item that I intend to write. This should not have an affect correct?

Share this post


Link to post
Share on other sites

Dear @fisthardcheese and @BV80

I hope you all have had a fantastic New Year!

I am in urgent need of assistance as the trial date has been set a week earlier! I have read the strategies on Arbitration and have decided to pursue this route in my pending case against Midland Funding LLC. I was wondering if both of you or any member on this forum could go over the attached documents real quick to see if my Answer in addition to my Motion to Compel Arbitration are written in a manner that will be comprehensible and acceptable to the court? I have gone over the local court rules and have seen nothing that would make my submission erroneous.

In addition, I noticed that after my Appearance was filed, it seems that my court date has changed to an earlier date:

The date of 01/XX/2019 is stricken and has been set for trial 01/XX/2019 at X:XX PM.

I am unsure as to why it was stricken, but at the hearing do I just mention that the Motion be heard first and then deny all allegations afterwards? In addition to this, I plan on submitting an affidavit concerning the arbitration clause. Would it be okay to just print out a copy of the cardholder agreement and then put the Appearance, Answer & Motion all in one envelope? I appreciate all of your time and concern in addition to the awesome guides you have laid out for the many members on this forum!

Defendants_Answer_to_the_Complaint.pdf

Motion_to_Compel_Binding_Private_Arbitration.pdf

Share this post


Link to post
Share on other sites

Happy New Year. Dec 31st I was serve,some guy left with my wife a bunch of papers stating I am being sued by Midland Funding LLC. I have read some of the post in these forum,and I will appreciate all the help I can get.I will start by answering your questioner.

 1. Who is the named plaintiff in the suit?

Midland Funding LLC

2.What is the name of the law firm handling the suit?

Jack H Pogosian/Jonathan Kom/Kristy Gabrielova/Nichol Alan de Guzman/Hyo Jin Julia Jung/Meline Grigoryan.Midland Funding LLC

3. How much are you being sued for?

$2261.80

4. Who is the original creditor? 

Capital One,N.A..

5. How do you know you are being sued? 

Yes I was served

6. How were you served?

Yes. However, it did not come in a sealed envelope but rather a paper packet.

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

I only receive collection letters.

9. What state and county do you live in?

California.

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

No payments made.

11. When did you open the account

September 30,2015.

12. What is the SOL on the debt? 

Time has not expired on the debt for written, open-ended accounts but I did for the oral

13. What is the status of your case? Suit served? Motions filed? 

Suit served. 

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No I have not.

 

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

No I have not. Should I do this now after having received my served/summon packet on 12/31/18?

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

30 calendar days to write a written legal form response.

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

Bill of sell,affidavit of sale of account by creditor,certificate of conformity,electronic records provided by Capital one,Midland credit management bill January 26 2018,Capital One bill from July 20 2017,from Nov 23 2017.Notice of Legal Placement November 19 2018,civil case cover sheet Dec 132018.Civil case cover addendum and statement of location.Declaration re: reduction in filing fee,Notice of case assignment-limited civil case DEC 13 2018.order to show cause hearing/trial date DEC 13 2018,and certificate of mailing DEC 13 2018.

Again I appreciate all the assistance you can give me.God Bless!

Jose C.

 

Share this post


Link to post
Share on other sites

18.  How did you find out about this site?

Looked online for Midland Funding LLC suing and well...there were some interesting articles on this site.

Share this post


Link to post
Share on other sites

@jose c

Please start your own thread so that we don’t confuse your case with that of the original poster.   Thank you.

Share this post


Link to post
Share on other sites
17 hours ago, gumomistar said:

Dear @fisthardcheese and @BV80

I hope you all have had a fantastic New Year!

I am in urgent need of assistance as the trial date has been set a week earlier! I have read the strategies on Arbitration and have decided to pursue this route in my pending case against Midland Funding LLC. I was wondering if both of you or any member on this forum could go over the attached documents real quick to see if my Answer in addition to my Motion to Compel Arbitration are written in a manner that will be comprehensible and acceptable to the court? I have gone over the local court rules and have seen nothing that would make my submission erroneous.

In addition, I noticed that after my Appearance was filed, it seems that my court date has changed to an earlier date:

The date of 01/XX/2019 is stricken and has been set for trial 01/XX/2019 at X:XX PM.

I am unsure as to why it was stricken, but at the hearing do I just mention that the Motion be heard first and then deny all allegations afterwards? In addition to this, I plan on submitting an affidavit concerning the arbitration clause. Would it be okay to just print out a copy of the cardholder agreement and then put the Appearance, Answer & Motion all in one envelope? I appreciate all of your time and concern in addition to the awesome guides you have laid out for the many members on this forum!

Defendants_Answer_to_the_Complaint.pdf

Motion_to_Compel_Binding_Private_Arbitration.pdf

Your MTC looks good to me, but I’m not an expert on arbitration.  

@fisthardcheese

@Harry Seaward

Share this post


Link to post
Share on other sites
On 1/2/2019 at 7:57 PM, gumomistar said:

Dear @fisthardcheese and @BV80

I hope you all have had a fantastic New Year!

I am in urgent need of assistance as the trial date has been set a week earlier! I have read the strategies on Arbitration and have decided to pursue this route in my pending case against Midland Funding LLC. I was wondering if both of you or any member on this forum could go over the attached documents real quick to see if my Answer in addition to my Motion to Compel Arbitration are written in a manner that will be comprehensible and acceptable to the court? I have gone over the local court rules and have seen nothing that would make my submission erroneous.

In addition, I noticed that after my Appearance was filed, it seems that my court date has changed to an earlier date:

The date of 01/XX/2019 is stricken and has been set for trial 01/XX/2019 at X:XX PM.

I am unsure as to why it was stricken, but at the hearing do I just mention that the Motion be heard first and then deny all allegations afterwards? In addition to this, I plan on submitting an affidavit concerning the arbitration clause. Would it be okay to just print out a copy of the cardholder agreement and then put the Appearance, Answer & Motion all in one envelope? I appreciate all of your time and concern in addition to the awesome guides you have laid out for the many members on this forum!

Defendants_Answer_to_the_Complaint.pdf

Motion_to_Compel_Binding_Private_Arbitration.pdf

The Answer looks good.  I, personally, would not bother with any other Affirmative defense other than Lack of Subject Matter jurisdiction.  All the other defenses are essentially getting into the merrits of the case, which should be reserved for arbitration since you are asking for it.

The MTC looks good too.  Just be aware of these things: 

Since you quote the section of the agreement that mentions that "we will not require you to arbitrate", just watch out for the attorney to try to twist that up saying that you can't not arbitrate or that it is not valid in this case.

Also, I, personally, would not ask for the case to be dismissed, only to be stayed.  Especially given that the IL case law states that a stay is MANDATORY.   You will also find a stay will give you better leverage later on to get a stronger settlement in your favor.

I don't know about mailing it all in one envelope.  I, personally, never mail in my court filings. I always file in person so that there is never any doubt about when, what and how I filed everything.  I would assume all in one envelope is alright, since it is going to be filed on the same day for the same case.

Share this post


Link to post
Share on other sites
6 hours ago, fisthardcheese said:

The Answer looks good.  I, personally, would not bother with any other Affirmative defense other than Lack of Subject Matter jurisdiction.  All the other defenses are essentially getting into the merrits of the case, which should be reserved for arbitration since you are asking for it.

The MTC looks good too.  Just be aware of these things: 

Since you quote the section of the agreement that mentions that "we will not require you to arbitrate", just watch out for the attorney to try to twist that up saying that you can't not arbitrate or that it is not valid in this case.

Also, I, personally, would not ask for the case to be dismissed, only to be stayed.  Especially given that the IL case law states that a stay is MANDATORY.   You will also find a stay will give you better leverage later on to get a stronger settlement in your favor.

I don't know about mailing it all in one envelope.  I, personally, never mail in my court filings. I always file in person so that there is never any doubt about when, what and how I filed everything.  I would assume all in one envelope is alright, since it is going to be filed on the same day for the same case.

@fisthardcheese Thank you so much. Your thread on Arbitration Overview & Strategy is proving to be invaluable as I am gearing up for the trial date.

I have made the corrections using the suggestions you outlined. In addition to this, IL utilizes an E-File service and as a result of this, I will be filing my answer and motion on the same day but will have to file into the case twice. (Very inconvenient). As such, the local court rules and law library have both stated and suggested that I mail or email such items to the Attorneys for the Plaintiff.

One question I had in regards to the attorney twisting the arbitration clause. What would be the correct response be if this were to occur? E.g. "You can't arbitrate and/or it is not valid in this case?"

Share this post


Link to post
Share on other sites
12 hours ago, gumomistar said:

As such, the local court rules and law library have both stated and suggested that I mail or email such items to the Attorneys for the Plaintiff.

Yes, for the Plaintiff's copy, you always mail copies of everything you file to them.

12 hours ago, gumomistar said:

One question I had in regards to the attorney twisting the arbitration clause. What would be the correct response be if this were to occur? E.g. "You can't arbitrate and/or it is not valid in this case?"

You state that a plain reading of the contract shows that it states that you are not REQUIRED to arbitrate, but it clearly says you have that option and right to ask for it.  "I understand I am not being REQUIRED to arbitrate this matter, instead I am ASKING/DEMANDING arbitration as allowed by this contract and established case law".

Share this post


Link to post
Share on other sites
On 1/7/2019 at 5:02 AM, fisthardcheese said:

Yes, for the Plaintiff's copy, you always mail copies of everything you file to them.

You state that a plain reading of the contract shows that it states that you are not REQUIRED to arbitrate, but it clearly says you have that option and right to ask for it.  "I understand I am not being REQUIRED to arbitrate this matter, instead I am ASKING/DEMANDING arbitration as allowed by this contract and established case law".

@fisthardcheese

Brilliant. Thank you so much. Are there any other suggestions or advice you can provide me going into the trial? Once again, your assistance is greatly appreciated!

The date is very soon and I am going to take the majority of the weekend to study the strategy guide you provided on these forums. Is there anything that I should say or do in the trial court that would provide a better outcome and/or settlement opportunity? 
 

Share this post


Link to post
Share on other sites
On 1/11/2019 at 8:23 PM, gumomistar said:

Is there anything that I should say or do in the trial court that would provide a better outcome and/or settlement opportunity? 

It's more of what you DON'T say that will help you.  Don't over speak. Only answer questions and if anything is discussed regarding the debt or merits of the Plaintiff's case, just redirect the conversation back to arbitration by stating that those items are for the arbitrator to decide. Remember that this court should only be ruling on whether or not there is a valid arbitration agreement in place.  If yes, they must order arbitration.

Share this post


Link to post
Share on other sites
On 1/13/2019 at 10:12 AM, fisthardcheese said:

It's more of what you DON'T say that will help you.  Don't over speak. Only answer questions and if anything is discussed regarding the debt or merits of the Plaintiff's case, just redirect the conversation back to arbitration by stating that those items are for the arbitrator to decide. Remember that this court should only be ruling on whether or not there is a valid arbitration agreement in place.  If yes, they must order arbitration.

@fisthardcheese @BV80

My bench trial just passed and the judge put a judgment in my favor. I was unsure what to make of it and asked if it was considered a dismissal with prejudice and she stated that what she had granted me was better. I am unsure in regards to what to make of this but it seems that the case has been closed? I was wondering if anyone could verify this? I clarified with the judge and she pretty much stated there was nothing for me to do than to take the order and that the case had concluded. 

Pretty much the attorneys were there auto-piloting lawsuits for JDBs with the exception of few pro-se defendants that challenged the complaints. The attorney for my case in particular stated that their firm had not received materials and was unaware of a stricken court date. I pretty much stated that the materials were mailed in due to time and they may have been delayed. He pulled me aside as with all the other attorneys in order to stipulate a settlement in which I stated what I wanted and took control of the settlement. (E.g. dismissal with prejudice and motion to compel). Afterwards, there was a quick call to the firm, an inquiry whether I wished to proceed with trial, and an attempt by the lawyer for continuance in which the judge denied.

Seems like I can rest easy and am hoping they don't file a motion to vacate judgment.

 

Share this post


Link to post
Share on other sites

You got extremely lucky!!  You won and are finished!  This debt has been adjudicated as not being yours.  This means that in about 30 days if this is still on your credit reports from the JDB I would file a dispute with the CRAs to have it removed.  If they don't remove it, come back and we can tell you how to get it removed along with a bonus check in your pocket :)

I don't know why your judge ruled in your favor other than perhaps he was very tired of these attorneys using their delay and unprepared act constantly.  They really tried to string you (and the judge) along in their game because their job is to get default lawsuits or to bully scared people into settling on their terms only.  Once that didn't happen with you, they didn't know what else to do and were unprepared.  I'm glad the judge was also tired of their antics.

  • Like 1

Share this post


Link to post
Share on other sites

@fisthardcheese

Thank you so much. Ultimately in the end it really boiled down to having confidence and submitting items in a timely manner. Thank you so much for your advice and valuable guidance in regards to this issue.

As for the disputes with the Credit Reporting Agencies, I am assuming that Midland Funding LLC would have to remove these items within 30 days of the given order? If they do not, then does it become a matter of FDCPA violations?

I was wondering if you had a link in regards to the procedures of obtaining that bonus check if this were to not fall off. Thank you once again!


 

Share this post


Link to post
Share on other sites

@fisthardcheese @BV80

So what I feared has happened. I received notice of filing in regards to a motion the Plaintiff submitted in order to Reconsider the Entry of a Judgment. The arguments they present are that they did not have the proper documents required. This was inevitable as I had mailed them out but the area was then hit with inclement weather. 

In addition, they are arguing that the online system did not properly set the trial date correctly. The date was originally stricken after having filed my appearance and as such I thought this was a result of a judge ordering the court date to be stricken since they saw that I had filed an Appearance.

As a result, I decided to email them but then was asked for the last 4 of my SSN which I felt uncomfortable sharing. The premise of this motion to reconsider the entry of the judgment is so that they can reset the trial on a date that was complying with local court rules.

Not sure what to do, but would striking all the arguments and submitting this motion be the best place to start?

Need help as the semester is looming and this is proving to be incredibly taxing on my physical and mental well-being. Thanks once again!

Share this post


Link to post
Share on other sites
On 1/25/2019 at 12:16 AM, gumomistar said:

@fisthardcheese @BV80

So what I feared has happened. I received notice of filing in regards to a motion the Plaintiff submitted in order to Reconsider the Entry of a Judgment. The arguments they present are that they did not have the proper documents required. This was inevitable as I had mailed them out but the area was then hit with inclement weather. 

In addition, they are arguing that the online system did not properly set the trial date correctly. The date was originally stricken after having filed my appearance and as such I thought this was a result of a judge ordering the court date to be stricken since they saw that I had filed an Appearance.

As a result, I decided to email them but then was asked for the last 4 of my SSN which I felt uncomfortable sharing. The premise of this motion to reconsider the entry of the judgment is so that they can reset the trial on a date that was complying with local court rules.

Not sure what to do, but would striking all the arguments and submitting this motion be the best place to start?

Need help as the semester is looming and this is proving to be incredibly taxing on my physical and mental well-being. Thanks once again!

I am not as versed on this type of motion, but I would believe you should file an opposition to their motion to reconsider.  Look up your local court's rules to check on this.  Off the top of my head, I would state that a hearing was held where both the attorney for the Plaintiff and yourself, the Defendant were present and all sides in the matter were heard. I would point out that if the Plaintiff is arguing that they were unprepared for the hearing, then they should not have filed a lawsuit for which they were unprepared to try.

There may be some case law to back up your arguments.  Maybe @Brotherskeeper can check that or if @BV80 knows any.
You will just have to wait and see if the court grants or denies their motion based on your opposition and their response.  If the judge grants their motion and reopens the case, there is no need to stress.  You still have a pending MTC filed.  You just go back to court on the new court date and ask that your MTC be granted and this still all goes away eventually anyway.

Share this post


Link to post
Share on other sites
On 1/2/2019 at 7:57 PM, gumomistar said:

In addition, I noticed that after my Appearance was filed, it seems that my court date has changed to an earlier date:

The date of 01/XX/2019 is stricken and has been set for trial 01/XX/2019 at X:XX PM.

Did you ever find out why this date was stricken and reset to earlier?

On 1/25/2019 at 12:16 AM, gumomistar said:

The arguments they present are that they did not have the proper documents required. This was inevitable as I had mailed them out but the area was then hit with inclement weather. 

Are the missing documents they refer to here your answer and motion to compel? Do you believe they did not receive your documents prior to the trial/hearing? 

On 1/25/2019 at 12:16 AM, gumomistar said:

In addition, they are arguing that the online system did not properly set the trial date correctly. The date was originally stricken after having filed my appearance and as such I thought this was a result of a judge ordering the court date to be stricken since they saw that I had filed an Appearance.

As a result, I decided to email them but then was asked for the last 4 of my SSN which I felt uncomfortable sharing. The premise of this motion to reconsider the entry of the judgment is so that they can reset the trial on a date that was complying with local court rules.

Did they cite the "local" rule? 

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.