christineAZ

I declined a $30k offer of judgment from Midland / Bursey & Associates today

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UPDATED 9/11/19:   Harry Seaward put me on "moderation" because of these posts here.

This is definitely NOT a consumer rights forum. I've tolerated the ads to PURE SCUM like Lexington, but this really takes the cake.  Harry must be getting kickbacks from Midland :(
I took a screenshot of this thread for discussion at my sites when I have more time.

Moderator comment: you were put on moderated status because you refuse to engage in a discussion about the things you post here. This definitely IS a consumer rights forum, but is also a responsible and accurate facts forum. Of course you're welcome to have any "discussion" with yourself that you wish on your own websites, but, as you're fully aware, content from this website is copyrighted and may not be used without permission. 

As far as ads are concerned, any ads you see here are triggered by your own browsing habits. The only exception being Lexington, but they have never objected to anything we say in here, and any time their name comes up in discussion, we always discourage people from using their services. 

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We're in the middle of discovery disputes and 9/16 is the discovery cutoff. 

I didn't get much info from the Bursey defendants and got nothing but objections from Midland so far.  

I realize that this is not a consumer rights forum, but if there are any people interested in more than their credit rating and bank account, after over 7 years in the courts, I'm looking for some changes for all the little people and obviously could use some help.

It's been a long 7 years, I overturned two federal judges in one appeal and NOBODY should EVER have to go through this again.

 

Edited by BV80
You've been moderated.

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13 hours ago, christineAZ said:

I realize that this is not a consumer rights forum

If you are referring to this site, yes, we do help inform consumers of their rights and encourage them to learn and attempt to enforce their rights.  

If I misunderstood what you meant, I apologize.  

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Since BV80 asked me to change the subject as there was no proof of the offer, here it is:
http://creditsuit.org/litigation-forum/baker-v-midland-funding-mcm-and-bursey-associates/2019-9-10-30001-offer-of-judgment-declined/

And I realize my entire website is a giant mess.  Unfortunately, I've had neither time nor money to spend on any of my web sites and I've been working on getting some organic food and a functioning fire department with paramedics to my rural community in my SPARE time.  That's when I don't work on my little organic farm or do paid work such as at the Airbnb rental I manage.

If more people cared, I'd post more ...  But I'll definitely add the major filings from now on and the docket.

I'm now in year eight (8) of litigation with Midland, first they sued me, I prevailed on SOL, thanks to help I got here and from a lawyer who sent me the winning brief when I was previously sued by Acarta.

So I sued them in 2013, all my claims were dismissed and I prevailed on appeal, overturned TWO judges. 215 docket entries as of now.

I think we have one more round of motions for summary judgment after we're done with discovery and I can't wait to get to the jury.  Not for the money, but if you have trouble believing the offer is real, I think I should get national attention when I go to jury -- regardless of what happens.

Have to get back to writing my joint motion and affidavit and then get all my exhibits together, including the countless relevant emails over the last couple weeks.  I've been literally working 15 hour days, most of it on the discovery / depo disputes ...

 

 

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20 minutes ago, christineAZ said:

I've been literally working 15 hour days, most of it on the discovery / depo disputes ...

Seems counter productive, in the grand scheme of things, but different strokes...

 

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Let me see if I have your story straight. In 2012, you were sued over a HSBC card where the SOL had expired and after 6 months, you got a court ruling stating that. You then decided to sue Midland and their attorneys in Federal Court in 2013 and 6 years later, after 2 appeals, you are still at it as well as posting the actions on the web. At this point, you were offered $30k to just go away and you refused the offer. Is this a fair summary?

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4 hours ago, WhoCares1000 said:

At this point, you were offered $30k to just go away and you refused the offer.

I can't figure out what "damages" could have resulted in a $30k price tag that stemmed from being sued over a perfectly legitimate debt that just happened to be past the SOL. I mean, the FDCPA itself only provides for a maximum of $1,000. 

Opposing even cited the federal rule that establishes that a plaintiff is liable for defendant's attorney's fees if the plaintiff rejects a reasonable settlement offer. .

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On 9/10/2019 at 9:53 PM, christineAZ said:

I'm looking for some changes for all the little people ...

What sort of changes are you looking for?  What's your ultimate or ideal preferred resolution for all of this?

I ask these questions not being sure if you're allowed to post anymore.

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Just now, Pericles said:

I ask these questions not being sure if you're allowed to post anymore.

She can post appropriate content with moderator approval. 

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4 minutes ago, Harry Seaward said:

She can post appropriate content with moderator approval.

What was the infraction?

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12 minutes ago, Pericles said:

What was the infraction?

She is promoting her own website, and isn't willing to have a discussion about what she's posting. She also has a history of being combative and insulting when people don't accept her claims as gospel truth. 

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1 hour ago, Harry Seaward said:

I can't figure out what "damages" could have resulted in a $30k price tag that stemmed from being sued over a perfectly legitimate debt that just happened to be past the SOL. I mean, the FDCPA itself only provides for a maximum of $1,000. 

Isn't there a provision in FRCP that a plaintiff is liable for defendant's attorney's fees if the defendant rejects a settlement offer that is more than a jury award? 

They probably offered $30k to go away considering how much they have spent on 6 years of federal litigation, including 2 appeals. I am with you however in not understanding where her true figure comes from and why she thinks a jury will just give it to her. Most juries do not take a kind view to someone who they think is trying to game the system.

There is indeed such a rule as our former friend ColtFan found out the hard way.

I wonder what the OP wants from this. Most of us would have been happy for the win when being sued and some would have taken them time for a FDCPA suit for $1000 and accepted that. We also would not have spent 6 years and 15 hour days trying to sue a debt collector. Also, the CFPB has already taken most major JDBs to task for filing out of SOL lawsuits and they do not happen as much as they did in 2012. If they are trying to make a political statement, the courts are not the correct venue for that. It is one thing to help consumers exercise their rights. It is another to become a PITA and go on a crusade because you feel slighted.

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On 9/11/2019 at 12:53 AM, christineAZ said:

UPDATED 9/11/19:   Harry Seaward put me on "moderation" because of these posts here.

This is definitely NOT a consumer rights forum. I've tolerated the ads to PURE SCUM like Lexington, but this really takes the cake.  Harry must be getting kickbacks from Midland :(
I took a screenshot of this thread for discussion at my sites when I have more time.

What do you consider to be a “consumer rights forum”?   I’d really like to know your answer.

Your comment about @Harry Seaward is uncalled for, out of line, and unjustified.   We moderators do not own this site and have no control over those who are allowed to advertise.   Just an FYI, this site allows advertisers rather than relying on donations from posters.  

Now, please inform me of your definition of a “consumer rights forum”.   

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2 hours ago, BV80 said:

What do you consider to be a “consumer rights forum”?   I’d really like to know your answer.

Your comment about @Harry Seaward is uncalled for, out of line, and unjustified.   We moderators do not own this site and have no control over those who are allowed to advertise.   Just an FYI, this site allows advertisers rather than relying on donations from posters.  

Now, please inform me of your definition of a “consumer rights forum”.   

She is long gone because we already know that she has her number. This is another ColtFan scenario waiting to happen.

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30 minutes ago, KevinErrbenn said:

You get to decide what the OP posts from now on right? So if you don’t like something, it doesn’t get posted?

Anyone is free to post anything here that is appropriate, whether i like it or not. To my knowledge, OP has not tried to post anything since her posting status was changed to moderated. If she had, and if it was appropriate, it would have been approved. 

Incidentally, one of the admins said he would have banned OP, so I guess I'm a softie. 

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21 minutes ago, Harry Seaward said:

...I guess I'm a softie. 

That's why we gave you the sack at Midland!

  • Haha 1

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