Jump to content

Midland Credit - Filed response to summons-now got a "Notice of Continuance" letter


Recommended Posts

8 hours ago, Bulldoger said:

When I went to court there were 90 cases on the docket for 2 hours of court time.  The judge never looked at my MTC just continued case.  They don't call Virginia District Court the Rocket Docket for no reason. 

In my last case, the judge knew I had one - he asked the clerk, is this the one with the motion?

He asked if that's what I was asking for - I said yes.

The attorney tried the small claims exception defense.  The judge said that doesn't apply here and I think the defendant has a right to arbitration. Motion granted.

That was about it - very fast, but it worked.

On the other hand, I have seen a different judge in there spend a very long time explaining things to a defendant who wasn't prepared and wanted to just say I disagree to get a trial date. She must have explained 5 different ways that she couldn't give him a trial date without a good-faith explanation of his defense.  Apparently, thinking the amount is wrong is not good enough - they always tell the person they have to give the judgement but to talk to the lawyer or JDB to work that part out. I've been to the same court now 5 or 6 times and listened to a lot of people go up front.  A lot of continuances when they were already working on settlements, but that's about it.  My MTC is the only one I've heard so far.

I have a case next month that might be interesting.  It's with the attorney's office we have in common from my first case.  It's for just under $6K, it was filed with the court just 30 days before the trial (I've got the mailing and see it on the docket, but haven't been served yet. Last one, they sent me the paperwork about 3 months ahead of time.) And the firm only has 7 cases on the docket so far - they seem to be filing them one by one this time.  Maybe they don't have many for my court this month - or maybe they're going to give these special attention?  It's triggered my paranoia a little bit, but, I'll just continue on with my MTC strategy.

Link to comment
Share on other sites

Getting ready to file the MTC motion with the credit card agreement.  I am unable to find an affidavit form for my state so I am thinking I will just file the MTC with the credit card agreement.  Does the judge normally grant the MTC before the next appearance date or do they do it at the appearance date?  That date is in Dec. Can someone explain what #4 means?  I snipped it below.  

image.thumb.png.1ddef1cd07e3ac849716f4fbe264c49c.png

Link to comment
Share on other sites

10 hours ago, RNmomtofour said:

Getting ready to file the MTC motion with the credit card agreement.  I am unable to find an affidavit form for my state so I am thinking I will just file the MTC with the credit card agreement.  Does the judge normally grant the MTC before the next appearance date or do they do it at the appearance date?  That date is in Dec. Can someone explain what #4 means?  I snipped it below.  

image.thumb.png.1ddef1cd07e3ac849716f4fbe264c49c.png

You don't need an affidavit form to make an affidavit.  You just type out that this is the true and correct agreement, and sign it before a notary.

 

There was a while when I was involved in a court case with a bank.  That bank had a branch close to the courthouse, which was never busy.  I would go in and one of their very nice tellers was also a notary, and she would notarize my statements for free.  

Link to comment
Share on other sites

  • 1 month later...
On 11/9/2021 at 4:33 PM, RNmomtofour said:

So, turns out, SoloSuit screwed up and left off a letter from the attorney's email address which is why they didn't get it.....grrrr......I paid $200 for them to file everything etc.  Anywho, they apologized, re-submitted the answer and said I should file a Motion to Vacate Judgment and they would file it for me.  Is that the same thing as the objection?  The court accepted the re-submission and they said that's a good sign?  I am super mad right now as they made it sound like we did not need to show up at that Nov 2 hearing when obviously I did.

This is the reason why I try to do everything myself! 

Don't worry. Once I overturned and garnishment and default judgment and ended up getting a solution I wanted.

It is all possible 

Link to comment
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.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.