Notice of Motion (Midland Credit)

Are they trying to get a judgment on the same account they got a judgment on previously? Did they collect on the full amount owed with the first judgment? Is the same collection agency trying to collect on it?

The first question is if you answered the complaint, if so, then you proceed to read their motion and attempt to find law that counteracts this.

This is done by taking their citations and utilizing lexis to "shepardize it" which is to find out it the opinions they cite have been treated negatively by judges in higher courts.

Then check what the civil procedure is on motions, as to see if they allow a defendant to submit a reply brief or reply affidavit.

However, at this juncture, I would advise to retain an attorney to handle this. The attorney would be able to argue against a motion such as this, and do it quite effectively.

Personally, I basically take pro-se Plaintiffs and toss them in the blender on puree mode if it's based 'on the papers' (as a lot of judges don't require and sometimes highly encourage against oral arguments on procedural motions as such).

If it's oral arguments, I cremate pro-se plaintiffs on oral arguments for procedural matters primarily; then proceed to attack the law like a navy seal on a covert mission :-).

Hockeyman, I'm sure there will be a lot I can learn from you. :)

However, on a different subject, those guys in prisons can wreak havoc on a personal injury suit where there's even 5% liability and some exposure. I'll never forget one of my buddies who started with me as an associate who got beat on a jailhouse summary judgment motion. Our boss at the time had mentioned something that it looked like he dropped the soap on this one.

:shock: Wow, so I assume the victim was filing a suit?

hockeyman wrote:



Dang, that's harsh!... :twisted: