Complaint Review: Midland Credit Management - San Diego California

I'm glad for you, and you just proved a point to alot of people here, about showing up in court, if any of the others would have been there, a judgement wouldn't have been entered and there case dismissed. chances are you won't hear from them again, but if you do, you much better prepare, to handle it. don't lose the paperwork on the dismissal, another thing you should condider doing wait a couple of weeks and go back to the court house a get a complete copy of the file, that way IF, another collection agency gets this and files, and they use different dates, which they known to do, PAYDAY for you.

Just wanted to thank the people who took the time to help me when I needed it most. I appeared in court and asked the judge for a continuance as I had just become aware of Affirmative Defenses and Counterclaims and for leave of the court to amend my answer. He denied it saying that the time for continuances and affirmative defenses had passed, and that we would have a trial later this morning.. He advised me to step out into the hall and discuss a settlement with the JDB attorney. I did, thinking I was ...well ...shall we say "up the creek"? Their attorney informed me that they had nobody from said JDB to argue a trial today...first mistake. I stood by my general denial and asked to be heard at trial. Long story short and after enduring much disdain on the part of the judge,( I guess because they don't like pro se defendants) the suit was dismissed! The bad thing about it is that it was dismissed w/o predjudice...oh well, one small step for the little man anyway. Any suggestions on what, if anything, to do next would be appreciated. By the way, I was the ONLY defendant who showed up to court and the ONLY one to get dismissed..all the others were judgements.

I will consider that after I deal with this court date on Thursday. I do not have any idea what to expect and that makes me nervous. Could you give me a sort of play by play on one of your court appearances? When I was in court the first time, all I saw was the plaintiff asking for judgement after judgement for no shows. Absolutely noone contested, so I am not sure what happens when I do just that. As I said before, I have my credit report for the OC but there is no date of last activity listed. Down below the entry is an 81 month payment history and it lists the account as going delinquent in 1998. I have contacted the Bud Hibbs website, by the way , and am awaiting any help I can get at this late hour. Any more answers you can give me would be a Godsend. I am about to have a nervous breakdown over this...

Michelle, File a Bar Association complaint against that lawyer. That was a clear ethics violation.

My lawyer did not give me anything when he excused himself to take the other job. The only thing I have is a letter from the JDB asking to reschedule the court date. I guess my next step is to show up at court. The only evidence that I have is my credit report showing that the account was charged off in 1998. Is that sufficient for the court? Can you give me an idea, step by step, how the proceeding will occur so I have an idea of what to expect? Will the judge ask me if I owe the debt to Providian or to Midland? What should my answer be? And if they don't have backup paperwork should I then ask for a summary judgment to be made as this is my second appearance in court and the plaintiff has had ample time to supply the needed evidence? I am really nervous about this as you can probably tell..sorry for my ignorance. And thank you in advance for any help you can give. It is more appreciated than I can express in words.

I'm not an attorney, Your old attorney should be able to give you what he had in file, upto the point where he left. ask him for what he has. Rule 34 has to do with discovery, you can request this at any time, without leave of the court Rule 33 interrogatories to parties (questions) Rule 36 request for admission (truth to the documents) rules 7 - 12 tells you how to form a pleading, motions. In your discovery request, ask for all evidences, they plan to use at trial, you should break in down. sign contract, how you came up with the amount owed, dates,ect List of all witnesses, they plan to call and what evidences they have, the names address and phone numbers, there position and or title with the company. as far as your evidence if they don't ask for it don't give it, but if your served with discovery you must, or if the court states by ? all discovery should be finished, then you have to give. you want to attack the contract, they must have a signed contract or agreement, then attack the dates, how they reaged this account, use the sol then attack witnesses. if it goes that far If your attorney filed a sworn denial, then it eliminates the sworn affidavit of accounts, that's what most collection attorneys use so they don't have to call any witnesses. good luck, you should read up on Tennessee rules of civil law yourself, so you get an basic understanding for them. google it

First I want to say thank you both for your quick responses. The lawyer I had said he took a job with the Dept. of Human Services, so I doubt that he will be the one I face in court. By the way, I called the court to confirm the date and I learned that my date has been changed to January 25th at 9:00 am. They are playing with the dates in hopes that I will not appear. My question is: When I reappear on that date ( barring any more games to change the date) should I just bring my credit report showing Providian and that the account went delinquent and was written off in 1998? Or, should i very quickly file a motion to dismiss with the court on the basis of the SOL? I need to know the exact statute to quote for my state and what to ask for as far as proof from the plaintiff.Once again, thank you both so much for your help..anxiously awaiting your replies..

I don't think she's necessarily worried about it being done properly-or she shouldn't be but more worried that now she may, in fact, end up facing the very lawyer who represented her. The attorney should have excused himself due to conflict of interest. Though I would have to think a request could be mad ethat he be excused should that actually happen based on the same grounds.

I don't think she's necessarily worried about it being done properly-or she shouldn't be but more worried that now she may, in fact, end up facing the very lawyer who represented her. The attorney should have excused himself due to conflict of interest. Though I would have to think a request could be mad ethat he be excused should that actually happen based on the same grounds.

I don't think she's necessarily worried about it being done properly-or she shouldn't be but more worried that now she may, in fact, end up facing the very lawyer who represented her. The attorney should have excused himself due to conflict of interest. Though I would have to think a request could be mad ethat he be excused should that actually happen based on the same grounds.

I don't think she's necessarily worried about it being done properly-or she shouldn't be but more worried that now she may, in fact, end up facing the very lawyer who represented her. The attorney should have excused himself due to conflict of interest. Though I would have to think a request could be mad ethat he be excused should that actually happen based on the same grounds.

Michelle, That's the whole purpose of appearing in court. You always deny the debt. When you respond to the initial summons, you either deny the debt or accept the debt. Using the SOL as your basis for the denial of the debt is a good defense, as the SOL is 6 years on any debt in TN. You should also sue them for filing a frivolous lawsuit. You are entited to recover the damages you have suffered in dealing with the frivolous lawsuit. Make them pay some more attorneys fees! You can sue under the FCRA for the bogus entry to your credit report. This has damaged your score. Don't get mad, GET PAID!!