kramer and frank and midland and bullies
Date: Sun, 02/06/2011 - 14:00
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So, here's my situation. I am being harassed beyond any possible point of reason by Kramer and Frank, Scum-suckers at Law, on behalf of Midland Funding LLC. I was taken advantage of by them once and I'm trying everything possible to see it doesn't happen again.
Because of a court error, and after having faithfully answered every pleading and including filing a timely answer, I was unaware of a hearing in September and they (despite the fact they had absolutely NO EVIDENCE OF ANYTHING AND THEIR CASE FAILED TO SHOW STANDING or any contractual relationship) got their pound of flesh judgment.
SUDDENLY, on that day an Affidavit signed 5 months earlier but invisible till judgment day shows up, its an AFFIDAVIT, one of those scummy robo-signed things. Anyway conveniently heretofore missing document (that I could have disputed if they'd presented it during previous hearings I was present at) materializes and they get their judgment.
Not knowing what to do I took some time out to figure out which way to go and finally got it overturned/vacated right before Christmas. I accused (rightfully imo, if it looks like a duck yada yada it is one) the previous female eyelash-batting attorney of fraud, deceit and misconduct. I've been advised not to state "fraud" per se but it was in my motion to vacate and like I said, it is what it is. If someone is accused of homicide we don't charge him with "being around when someone went missing and/or got dismembered". So when I did the motion to vacate she quite conveniently (for her and Kramer and Frank) does a disappearing act and in her place (w/o notice to me or court) comes this relatively young male super-litigator (in HIS MIND anyway) and filed a motion to continue before the hearing scheduled on my request to vacate the Judgment. What he says implies, w/o directly saying so, that he cannot be there due to schedule conflicts, or that its inconvenient because of his usual Tuesday activities. The judge denied his motion to continue. So we show up at the hearing and I explained the situation to the judge and he read the documents I filed and said that it looked as though I had some good citations and causes why it should be vacated and so he was about to say he was going to vacate the order. Then SuperLitigator steps up to the plate and says, basically, judge, we got this order on the merits (of the case). And the judge said, "no you didn't, you got it based on the fact that defendant was not here". So he went on to instruct mister SL attorney to quash the garnishment etc. I can tell this is not setting at all well with mister SL but he agrees. We are informed the case is continued to February and also transferred to another division, same court just a different judge I am not sure what to expect as his "take" on things. Some judges, a few, are down to earth good guys who care about justice and then there are the OTHER KIND. Anyway the judge who vacated the judgment said "basically, we are back at square one" (with them having to prove their case).
Now the facts are that there is no evidence because first of all I never had any account such as the one they allege. Secondly, they have never responded to my answer stating they had failed to establish a claim and show cause and so forth. In fact, twice now (last week most recently) I have accused them of FRAUD and THEY NEVER DENIED IT. I would think that based on what I have seen in the statutes if someone states such a thing and you do not deny it then you are guilty, but I could be wrong because what "is" in one case "isn't" necessarily in the next. But it would seem so to me.
Anyway, they had presented interrogatories last summer which I answered. I did not use the diskette supplied because I have an apple computer and as such it was not usable. So right after Christmas is over, instead of doing the logical, moral, ethical and expeditious thing (for both of us) mister super litigator sends me a letter telling me that my answers were improper and that I had better send him my answers within the next 7 or 10 days, forget which, or he will file a motion to compel answers.
Now when I filed my answers, and it will be on the transcript of the hearing, I appeared at a court hearing 2 days later. Upon approaching the bench that day the judge specifically said "I see you have responded to Plaintiff's Interrogatories/Discovery documents. And I said "yes, I have". AT NO TIME did eye-lash batter female say "your honor we are in receipt also but they appear incorrect/incomplete". NO ONE said a word about having a problem with them.
NOW, in an act of VENGEANCE FROM stud-muffin super-litigator comes this letter and subsequent motion to compel. The language in his motion is such that it is clear what his intent is. He insists that if I do not comply that he requests the judgment be reinstated, basically, the Order to Vacate be also vacated.
Crossing in the mail with his Motion, I had submitted a motion to the court to dismiss based on failure to prosecute, failure to show standing, the fact that they used a fraudulent, deceptive document (and I quoted Midland v. Brent to make my point that they KNOW those affidavits are not only not true but that they have gotten into trouble in another state for using them, actually several states), I outlined each and every thing that has happened in this case, including the fact that mister SL at one point says I never filed an Answer or state defenses, he skips right past (seems unaware of) the July initial hearing, he says I have not answered the interrogatories correctly (whatever correctly is), I pointed out how the entire case has been malicious prosecution with no evidence, yada yada like all that. There were 40 statements I made to the court about what I believe has gone on thus far. I won't bore you reiterating them but I have presented valid facts while SL has presented (continuing true to form) questionable representations. And I still am not sure what is incomplete/improper with my answers to interrogatories. I denied all of them because how can I answer otherwise when I do not have such an account and in light of the fact that haven't come up with one signature of mine on any document or charge slip or anything else.
If I were (this is my opinion of course) a stud-muffin super litigator or an eyelash-batting female attorney just out of law school working for slime suckers K & F, I would be happy to just get this dismissed and done with, especially considering they have nothing to show.
But it seems I have offended the sensibilities of stud-muffin SL and he is (harumph) going to take this thing in hand and squash me like the worthless peasant/upstart that I am.
However, his superlitigator status aside, he hasn't filed one document that isn't missing information or have some blatant error due to carelessness (such as that he mailed me the motion he filed in December back in October. He doesn't have the facts right, he is just offended that I managed to get the judgment vacated and this is now a personal thing.
So we are off again on another wild adventure it seems.
So now the court has my motion to dismiss with prejudice and his motion to compel and I'm not sure how things are going to go. If the judge is a good guy up there to see to justice and not interested in grinding the good ole-boy axe against me, he will rule favorably for me. If he is the opposite or if I have missed some important statute or other, he will rule in SL's favor, at which point my previous vexed state of mind is apt to soar through the roof.
I think it is somewhat deceptive, or intending to confuse that SLs letter to me threatening me if I don't answer-up what he's going to do to me, states that my answers are not done properly. While in the motion (to which a copy of his letter/threat to me is attached because he has to show that he attempted to deal with it before involving the court) it states, plain as day, that I never answered the interrogatories. HUGE DIFFERENCE there yannow? I think he is counting on the judge not looking into his letter substantively or comparing it to the motion. One says I answered but not correctly, one says I never answered. WHICH is just one more reason why my previously thought (until now) image of attorneys who work with these debt collectors couldn't get any lower, NOW, surprise to me, my idea of them and their less than zero worth and who should be fined for littering and taking up space on the planet has gone through the floorboards. There is no lower life form on the planet unless it be child molestors/abortionists and those abusive to helpless animals.
I have wasted 7 months of my life dealing with these scum sucking bottom feeders and I really resent the time it has cost me, the expense it cost me getting transcripts, costs of copies from the court file, parking, doubling up on my anti-depressant medication, etc. (not to mention being not a hugely sought after guest because people are tired of me yammering on about the present abuse happening in the courts because of these robo-signed-affidavit using scummy law firms for equally scummy junk debt buyers. I could, and part of me actually wants to submit my own set of discovery documents to mister super litigator as, trust me, they won't have anything to show and what I will be asking for his for them to supply the facts, not allegations about my alleged debt and so of cousre will fail. But really, I JUST WANT THESE PEOPLE OFF MY BACK so should I take a gamble and not do them. If I do submit my own discovery requests will that have a negative effect on my motion to dismiss? Will the judge say "well you obviously don't want to dismiss or you wouldn't have filed discovery documents, which would SORELY SUCK and vex me more, if that is possible.
PRIDE GOETH BEFORE A FALL, is a wise motto to keep in mind. I say that for my sake and also for mister stud SL as well. I would like to think that I have the moral high ground (how could I not after all when there is no such credit account) and that it will be apparent to the court how these slimy creatures have attempted to use the powers of the court for coercion and strong/arm enforcement of their worthless claim.
[COLOR=#ff00ff]But time will tell. If I have learned anything, its to expect the unexpected. And also, sadly, that too often the law has precious little relationship/correlation to justice. :roll:
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Angeldove 01-12-2011 06:55 PM Did you file a motion to strike the affidavit? Is there anything on your credit report reflecting what they show? What "true" evidence do they have saying this is your debt?
Can you tell us a ballpark amount this is for and who is supposed to be the OC?
Gretchen VonDerhoff 01-12-2011 08:42 PM Angel, the OC is listed as Citibank. The debt is in the area of $2,500. Yes, along with the motion to vacate the default judgment and also requested the same regarding the Affidavit.
The "evidence" they submitted is the same in other cases I've heard of except usually the Affidavit is attached to the initial petition. Maybe they are thinking to hold onto them now since they are of questionable value, preferring to use them only as a last resort. My failure to appear, though not any fault of mine, was apparently a good time to pull the Affidavit Rabbit out of a hat since no one was around to dispute it.
So the affidavit is the first evidence. The second thing was attached to the petition and it is basically something a grade school student (and I)could do on a computer. It's a grid, basically, that is on plain white paper, no letterhead to identify where it came from, and in the spaces (about 8 or so) it says: Debt Owed in one space. The rest of the spaces have stuff like a redacted account number, the dollar figure owed, etc. It's obviously something they made up themselves and it was also addressed in Lauber et al v. Encore, Midland et al CV-10-5132-LRS, an ongoing class action suit in Washington state which relies on and frequently refers to Midland Funding LLC v. Brent, 644 F. Supp. 2d 961 [SIZE=2](N.D. Ohio 2009).
They clearly have nothing as evidence and further they haven't denied my allegations of fraud, intent to deceive and mislead the court, they never answered my assertions that they have no standing and have shown no contractual relationship, and no one said one word about my answers to interrogatories being unacceptable.
I can't see how it can be perceived as anything other than malicious prosecution.
Mister Super Litigator wrote on his motion for continuance (should have been called motion to continue stalling) that he wasn't doing it to frustrate the case but obviously he was as he did manage to materialize on the scheduled date.
They are like pit bulls, powerful jaws that refuse to let go. In this case they are pit bully's.:smile: Very little, other than that they have my correct name and address, of what they said is true and its almost all b.s. meant to deceive.
The FDCPA prohibits the use of "any false, deceptive, or misleading representation or means in connection with the collection of any debt." FDCPA § 1692e. Specifically at issue here is the prohibition of "[t]he use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer." § 1692e(10). Section 1692k of the statute provides for a remedy of either actual damages or strict liability, which allows consumers to recover statutory damages for violations of the act without proving actual damages suffered. Miller v. Javitch, Block & Rathbone, 561 F.3d 588, 592 (6th Cir.2009); FDCPA 1692k. Debt collectors, as explained infra IV.A.4., are afforded a defense of bona fide error if they can show the violation happened without intent to mislead and procedures have been adopted to avoid errors. FDCPA § 1692k(c).
It would be difficult to see how Midland, in light of its previous brushes with the court about their affidavits and so forth, did not know this affidavit was deceitful.
These attorneys are college-educated people and they surely know when someone has been directed, as a part of their job, to sign affidavits wherein they may not even know the definitions involved, that the document is based on intent to deceive and mislead and trick the court. The sudden materialization of the affidavit after previously been invisible/unknown just in the nick of time on judgment day is evidence of intentions to deceive the court.
They know what they are doing is against the law and yet they arrogantly do so anyway, day after day, not just to me but to thousands and thousands more people from coast to coast. There is no shortage of victims of Midland/Encore et al.
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Gretchen VonDerhoff 01-12-2011 11:14 PM From Brent v. Midland:
Quote:
Thus, as Midland and MCM are unable to show that the error was unintentional, that the error was bona fide, and they had maintained procedures reasonably adapted to avoid the error, this Court finds that they are not entitled to a bona fide error defense. As a result, Midland and MCM violated the FDCPA � 1692e by using a clearly false, deceptive, and misleading form affidavit in connection with the collection of a debt.
Companies like Midland are beneath contempt imo. If they had any sense of decency they would not engage in the kinds of conduct they do. They are thugs, basically. They harass and intimidate and browbeat their victims into complying or they use their tricks of the trade to get the courts to give them an order to seize someone else's money.
It seems so simple to me that if it was a requirement to at least show proof of their ownership of a debt that it would simplify things and relieve the court of much overcrowding.
But that doesn't concern them. They don't care if they appear to be bullies, they don't care that to the person aware of what is going on that they appear dishonest with ill gotten gains attained through lies and tricks and opportunism.
How can anyone work for such a company and have any self-respect?
Surely people who work for Midland probably describe their job as more likely doing society a favor by making deadbeat losers be held accountable. I bet they turn their disgusting acts into somehow making them appear heroes, which is really a disgusting thought indeed.
Angeldove 01-12-2011 11:23 PM You ought to go back to court and file a motion to compel arbitration and then have your JAMS paperwork for the judge to see. On an amount as small as they are after, they will probably retreat pretty quickly and disappear. :grin:
Gretchen VonDerhoff 01-13-2011 08:50 AM I'm not familiar with JAMS you mention so enlighten me please, I'd like to figure out what is going on and you make some good salient points.
Angel, you would think so (that they withdraw quickly), just on the time wasted on this already and that Lord knows they have ten million more fish in a barrel to do target practice on, with no possible HONEST outcome that would benefit Midland, there is no evidence, they deserve nothing and their insistence on keeping this going defies logic, imo, which is why I really feel it is in retaliation for daring to get their judgment overturned.
Now they resort to MORE LIES. I'm looking at the motion to compel they just filed and it contains a furtherance of their distortions and lies. I can't figure out what they could be thinking, maybe they know something I don't know. But I have file-stamped copies of my answers to interrogatories and in spite of all that mr super litigator who has already stated so many wrong facts, does now say the following:
COMES NOW Plaintiff Midland Funding LLC, pursuant to Civil Rules 61.01(b) and 61.01(d) and moves this Court to order defendant (name) to answer Plaintiff's First Set of Interrogatories and in support thereof states:
1. On or about July 9, 2010, Plaintiff mailed to Defendant, Plaintiff's First Set of Interrogatories directed to defendant.
2. On December 23, 2010, counsel for Plaintiff sent a letter to Defendant, requesting that Defendant provide its response to Plaintiff's requested Discovery within ten days. A copy of the letter is attached thereto marked Exhibit 1.
3. Extension of time granted, if any, have expired and Defendant has failed to file Answers to Plaintiff's First Set of Interrogatories.
4. The information sought is necessary to assist counsel for Plaintiff prepare and respond to the defense of Defendant in this action.
WHEREFORE, plaintiff prays that this Court order defendant (name) to file Answers to Plaintiff's First Set of Interrogatories within within fifteen (15)(days is left out but I assume that's the intention) for reasonable attorney fees necessitated by defendant's failure to comply with discovery requirements and that this Court provide in its order that should Defendant fail in any respect to comply with the Court's order that Defendants' pleading be stricken and the judgment may be entered by default.
That's his purpose in this whole thing, to get that judgment which never should have been in the first place once again for the second time be entered in TOTAL LACK OF ANY EVIDENCE OF ANY KIND other than the fraudulent and deceptive Affidavit. Midland has been fined before for using this deceptive affidavits but they don't bat an eye just plow right ahead.
That is why I say that I thought I could not "loathe" them to a greater degree than I previously did but I was wrong.
This just blows my mind. December 23 is the day after the judgment was vacated so he wasted no time in putting pen to paper as it were to restore their unjust dues.
HOW do you account for the arrogance of a someone, a law firm who KNOWS they have no proof and yet insists on playing these ridiculous games.
I resent wasting my time on this stupid drivel. It is done for only one reason, to harass, and intimidate with malicious intent.
If anyone else can tell me how he can say such blatant lies with a straight face I'd like to know. Does he think the judge will not see in the files that I did answer the interrogatories, or that no one voiced an objection to them until now?
In his letter to me he states that "your responses to interrogatories were not PROPERLY answered".
Has he stated that on the letter but not on the motion to compel in order to have a way out of being accused of lying AGAIN. So he can say "oh, you see I meant well enough as the letter says we want better answers" so it was just a clerical mistake that I wrote defendant didn't respond, it should have said "respond properly". And he does not say what is improper about them so I can't see how that is to appear to the court that he made a good faith effort to get compliance w/o involving the court. (he is required to do that, show that he tried and was unsuccessful).
And bear in mind they still have not answered my defense of their lack of standing or showing a contractual relationship?
Mind blowing, imo.
Angeldove 01-13-2011 09:27 AM What is the "year date" of their alleged default? Let me know that and I will further explain.
Gretchen VonDerhoff 01-13-2011 11:19 AM their default? I don't know the dates of anything because I did not have a charge account with citibank and without any evidence I have no idea of nothing.
I need to get another copy of my credit report but last I looked before filing my answer, no, citibank was not on my credit report.
Angeldove 01-13-2011 11:54 AM Interesting! So, there is nothing in regard to this debt even showing on your credit report? That would be a giant plus too!
Usually even without them giving proof of a debt, they will at least give you a default date. In this case, sounds like you could pick a year that would be advantageous to you and then let them prove you wrong!
Be watching for a pm in a moment. I need to give you a link.
aubrey 01-13-2011 12:12 PM Is it possible that you could have had an account with another bank and that Citi either took it over or merged that you are unaware of? My former AT&T Universal card was acquired by Citibank.
If you feel they are violating the FCRA and others, why don't you contact a consumer attorney and file a lawsuit? I did this against CollectCorp. without having to spend any money. They do it on a contingency basis.
I hope you get a nasty judge in February that will boot them in the butt.
Gretchen VonDerhoff 01-14-2011 12:12 AM Thanks, Aubrey, The consumer law attorneys I talked to did not express any interest in my case since it was already in court and they said they wanted no part of it. Once it went to court and was not just an out of court hassle being called they said "leave me out of it"?
What was your situation that they helped you with? Had you a court case they helped you with or was it about their collection conduct???? Glad they were able to help you. Dealing with these people gets old and tiresome day after day.
I have not seen anything that any of my accounts were ever sold to or from Citibank. Even if it was such a case, the facts remain the same, Midland's case as it is now, is that they want to collect a debt of which they have shown no proof they own.
It is unreasonable to expect anyone to pay just anyone who comes knocking on our door with claims that we owe someone else money that they are there to collect.
But companies like Midland rely on intimidation. That is one reason why I think they are contemptible. They don't do an honest day's work for an honest day's pay. They are like roving gangs of bullies who harass and rob people and take things they have no right to take.
Here's some info:
COMES NOW Plaintiff, by and through its undersigned attorney, and pursuant to Missouri Supreme Court rule 57.01 propound the following interrogatories to Defendant (name), to be answered separately in writing and under oath. The answers to these interrogatories should be signed by the person making them, and a copy of the answers should be served to counsel for Plaintiff no later than thirty (30) days subsequent to the service of these Interrogatories.
(Here they give definitions) basically "Plaintiff" means Midland Funding LLC, or any agent, employee, officer, director, or any other person acting on its behalf.
"Defendant" means (name), an individual.
"The Agreement" means the original Agreement between Citibank and Defendant (name).
"The Principal Balance" means the principal balance due Plaintiff from Defendant under the Agreement as alleged in Plaintiff's Petition.
INTERROGATORY ONE: If Request One is not admitted, state fully and completely the facts upon which Defendant's denial of Request One is based.
INTERROGATORY TWO: If Request Two is not submitted, state fully and completely the facts upon which Defendant's denial of Request Two is based.
etc. for Eleven Interrogatories.
My response for the Interrogatories and for their Request for Production and for their Request for Admissions (3 documents from them and 3 separate forms/answers to them) are all the same, and here are my answers:
COMES NOW (Me) and in response to (whichever, filling in the Appropriate Title of the Three) denies this document in its entirety. In support thereof Defendant (Me) states the following:
Plaintiff Midland is the sole Plaintiff in this matter.
Plaintiff Midland has failed to state a claim upon which relief can be granted.
Plaintiff Midland has no personal knowledge of any debt owed by Defendant Robertson to anyone.
It is evident that these documents, submitted by sole Plaintiff Midland are a fishing expedition into the entire life of Defendant (Me) without the benefit of demonstrating any contractual relationship or any claim upon which relief can be granted.
All were signed by me in front of a notary and then completed by notary and filed within the time period allowed and a copy mailed to scum suckers at law.
They are asking for info about Citibank (The Agreement" means the original Agreement between Citibank and Defendant (name).)
They state that Plaintiff means them Midland or any of the blah blah. They have shown nothing other than their word for it that Midland and Citibank have a connection and thus be IF i had the alleged account with Citibank.
so I am just supposed to take their word for it that I have an account with citibank and that citibank sold the account to midland and that midland wants them to collect.
Defendant is me (one person).
And the Agreement is between Citibank and me.Principal balance is "the principal balance due Plaintiff from Defendant under the Agreement as alleged in Plaintiff's Petition."
so due to Plaintiff Midland from me under Agreement between me and citibank which document shows that I owe Midland pursuant to Agreement as alleged in Plaintiff's Petition. How does the court have any right to rule that in light of the fact that we don't know citibank and midland ever met each other or if they did meet that they sold my ALLEGED debt to midland and now k&f are here to assist with this alleged debt owed to somebody who is not a party and they have no document to tie midland and citibank together but now I should pay them?
[COLOR=#800000]IF I had this debt (which I do not based on the information given to me by them) IF I did, irregardless the Agreement if there was one between me and Citibank would not show that I owe Midland anything because at the time the agreement was allegedly signed, Midland was not even a party to the matter. How could any agreement between me and citibank show that I owed Midland anything unless of course Citibank was precognizant, a "soothsayer" able to predict the future and they knew that I would ALLEGEDLY DEFAULT on the ALLEGED AGREEMENT. Since they have no Agreement, they cannot say that the Agreement says yada yada Citibank or anybody citibank assigns contract to because they show no contract and I have no knowledge of one?
Basically, this says they came to court with nothing and would like for me to supply all their evidence for them since they ask for ALL MY CHARGESLIPS in my entire life yada yada?[/COLOR]
Gretchen VonDerhoff 01-14-2011 12:21 AM Even if they tried to argue that I didn't list/answer
1. Question 1. Answer
2. Question 2. Answer
and so forth,
IF they wanted to argue that route, the fact is the courts do not by law rule to something unjust simply because I didn't tap dance backward while whistling Dixie on Friday the 13th?
Gretchen VonDerhoff 01-14-2011 12:25 AM We've all seen the unpleasant and rude comments left by those who come here to shame us and tell us just to pay our bills and stop trying to get something for nothing. Those kinds of people are either moles or they are self-righteous people who have not experienced the kind of hardships that happen to people who then have the misfortune on top of all that to be harassed by companies who demonstrate no morality in what they do.
And so with that in mind, I would be a fool not to realize that Midland or someone like Midland could be reading of my obvious frustration and take some joy in it. :rolleyes:
I just want to set them straight if in fact Midland or their kind are reading this, it will be a cold day in hell when I just give up and let you take what you want and that you have no right to. IT AIN'T GONNA HAPPEN. :eek:
aubrey 01-14-2011 09:46 AM My beef with the collection agency was that they debited my bank account after I had sent them revocation of ACH both by e-mail, fax and telephone. I spoke to the creditor the night before they debited my account! They still did it which overdrew my account, etc. etc. Then I had to get my bank involved - I was on vacation at the time it happened! They continued to call me at home when I had provided them with my cell phone number, then they called me at work. So I got fed up with them and contacted a consumer attorney who has filed suit against them.
I, too, wouldn't pay anyone any money unless they had proven the debt was their's. I fail to see why the judge won't slap them on the wrist and dimiss this. Your situation would be enough to make me go "postal"..... Will keep my fingers crossed that you eventually prevail.
Gretchen VonDerhoff 01-14-2011 12:08 PM Thank you Aubrey for that information. And also for your affirmation, I guess, of my feelings, for helping me to feel "okay" with myself. Because its easy to internalize this stuff and since its almost all negative SO FAR (although I am happy to have gotten the judgment and affidavit thrown out) somehow the negativity becomes somehow my fault. I really am to a great extent, as we all are, not as in control as we would like to be or feel we should be about our lives and finances and yes, this court stuff. In a perfect world we wouldn't be dealing with "court stuff" but then believing in a perfect world is something best left to fairy tales. But what I mean to say is that somehow though I have engaged in no deception, because of all the underhandedness of this case I somehow feel like I must be to blame or that if it weren't for who I am it wouldn't be happening.
Maybe I tend to over-think things, I prefer to believe that I'm just somebody who is very in touch with the emotional aspects of life, with the emotional effects of things that happen in the business world and in our private worlds. We are, after all, people with a wide-ranging capacity of emotions. There is a time and a place, I guess, to actually deal with our emotions but I think a lot of us just stuff it all down until "later" when later never gets here and so its just repressed / unresolved emotions.
Or maybe I just talk too much, lol. Anyway thanks for explaining your own situation and how you were able to get help, thankfully.
More and more I find myself reflecting on the irony/incongruity that the people I'm dealing with, known as attorneys-at-law, really don't do the "law" thing any favors by association. The law seems to get more and more perverted and distorted and its done by those called, amazingly "attorneys at law". I guess I should remind myself that not all attorneys are bad people but based on what I've seen for myself and others, it sure feels that way sometimes.
Yes, I understand totally how the "convenience" of electronic banking can end up being not all that convenient when it gets used unfairly to take advantage of others. Depending on your bank, you may or may not get help or sufficient help to fix the problem. Some banks will tell you there is nothing they can to help you but the facts are, from what I've experienced, that people who withdraw funds from your account are ultimately responsible for proving they had the right to do so. Unfortunately, in the interim while they are in the process of "proving" it, your finances are affected long or short term and so then you have to find a way to deal with it.
I've been my own road on similar issues that get more complicated. Like if you approved the transfer but what you approved it for never gets delivered or what is delivered is defective or not what you ordered or were lead it to believe it was. Or (and I would never do this again - live and learn) approving something verbally over the phone which makes it a case of "he said - she said" and for some reason it seems to me that the average person, the consumer, somehow gets less credibility, imo.
It seems to be that way in court too, the attorneys and businesses seem to have the upper hand unless you've got a judge that is really on top of things. For one thing, attorneys have advantages and short-cuts not available to everyone. Like in the court I have to work with, I cannot file things electronically but they can. It sometimes turns into a major "thing" just to file something. Because its downtown, hard to get to, hard to park, pay to park, navigate the occasionally weird street person, or do it by way of post office and then you have to be sure to get right amount of postage for return self-addressed stamped mail and what you send out. It would be so much easier just to put it on the fax machine and let it go.
Anyway, like I said, thanks for the info, the good wishes, and helping my mental outlook a bit (which sometimes seems like the biggest hurdle - keeping ourselves in good emotional health). I guess if there is anything positive out of all these nightmares we are forced to deal with is that there is plenty of opportunity to help others and receive help. And in today's society there isn't always a lot of opportunity to do that or have the venue to do so. We don't live in quiet little neighborhoods where everyone looks out for each other. But here, we are a community of sorts who do things the old-fashioned way in so far as we are just people needing help and giving it when we can. It's not the same thing as a plate of warm cookies but the effect is the same imo.
Thanks for the warm cookies, to all of you who have helped and are trying to help. And the nice thing is, these cookies won't make us fat! :razz:
goldenbast 01-15-2011 01:14 PM Want to really yank stud muffin (I had to laugh my rear off at that) chain, file a countersuit to reclaim all the monies this totally bogus claim has caused you PLUS any and all violations you can think of.
Oh and I would be writing a complaint letter to his state bar about all this and include copies of those papers, the ones where in one paper he states you answered improperly then in another letter states you never answered. This is HIGHLY unethical and its almost like a lawyer committing purjury.
Gretchen VonDerhoff 01-16-2011 03:26 PM Oh, I could think of some things to do with stud-muffin, I have a very active imagination, very creative, I can come up with a hundred ways to fix that one. But for the time being I guess I should stick to the business at hand.
Why? becomes money begets power and power begets betrayal and corruption.
Now today we've got people losing their homes based on documents that are forged, judges who let them come back time and again until they get a good enough forgery to finally seize the homes. and we've got debt collectors engaging in horribly unfair conduct using the same kind of shoddy evidence and it happens thousands of times a day, due to whatever reason, people are scared to go to court, are intimidated, can't get off work without risking being fired, unable to get their physically, for whatever reason thousands of default judgments are being entered with no more basis in fact that what they have in mind: NONE.
In my statements in support I accused the, rightfully so, of knowingly using false and deceptive documents, the whole case is false, but rather than just let it go now they are intent on restoring that default judgment that they got and they want it back though they had no right to it to begin with. And they are juggling attorneys so that the person I initially accused of fraud (now I have 2 plus the law firm) conveniently disappears sparing her having to face me and answer/respond. To date none of them have denied they lied, they just want the damn judgment back.
Gretchen VonDerhoff 01-16-2011 04:04 PM When I first entered into this whole thing I was naive. Now, no matter how scary or painful it is to realize the very real danger to all of us and how little we can control, all I really want is what we were lead to believe in. That leading moral productive lives would give us a shot at the American Dream. I'm sure there are those who would argue with me but this is a new world and not a good one. Some people prefer to say I'm nuts because they feel safer that way. Like when you were a kid, pull the covers over your head and will the monsters to be gone.
I wish I could provide links for you to show you I'm not just making this stuff up but I can't but its all out there if you look. I started looking just for a way out of the judgment. But once I got started I found a lot more.
Anyway, I'm aware of the $1,000 thing under the FDCPA but beyond that I'm lost. But this has cost me a lot of time and money in the end but the most valuable thing it costs me is my time. We only get a certain amount of time and this ain't how I would choose to spend mine, defending myself against liars.
My kids are tired of me talking about this all the time and I do try to limit it but its very important, for one thing, I can't afford to have my bank account to be frozen because that's all I have. I have no credit cards and without my bank account I could end up homeless and for what?
Gretchen VonDerhoff 02-05-2011 10:25 PM Get this, after stating in my answer and from day 1 and in 50 or so pleadings since then I have stated, among other things that
PLAINTIFF HAS FAILED TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
IT HAS FAILED TO ESTABLISH A CONTRACTUAL RELATIONSHIP
IT HAS FAILED TO PROVE IT OWNS THE ALLEGED DEBT
The ONLY PROOF they have offered was a fraudulent affidavit
after all that this arrogant ass of a UNLAWyer
says as "far as he can ascertain the only reason defendant asks for a dismissal is because neither party has gotten a judgment."
I GUESS HE CAN'T READ
how about it needs to be dismissed because from day one there is NO DAMN EVIDENCE
NINE MONTHS this has been going on and this PIECE OF SLIME still won't give up.
I have a court date on Feb 8 at 1:30 p.m.
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If this is not dismissed then I will be on the 6 o'clock news :mad:
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skydivr7673 02-06-2011 12:11 AM The first thing you need to do is take a deep breath and calm down. You are a debt samaritan, you represent this forum. And posts like this do not represent this forum in a good light.
What I would do if I were in your shoes, I would contact the bar association and file a complaint against this attorney. I would point out the information being thrown about in this case and complain that this attorney has intentionally filed a frivolous lawsuit--that they knowingly used an affidavit that is hearsay and inadmissible....that they brought absolutely no evidence other than the hearsay affidavit. I would make sure to point out that this attorney filed a lawsuit that wasted your time and money, and did so knowing that they did not have anything close to the amount of evidence needed to meet the burden of proof. I would also file a complaint with the FTC against them for the same reasons.
Gretchen VonDerhoff 02-06-2011 02:39 AM I have been through enough grief without you piling on to it.
I did not ask to be a debt samaritan. I like helping people but I did not ask to be one.
If my extreme frustration troubles you too bad. You have no idea what kind of stress is going on in my life and I don't need your criticism.
skydivr7673 02-06-2011 06:30 AM debt samaritan or not, that language has no place on this forum and I would expect you to know better. You come off as an intelligent person, so lets stop pretending that you are justified in flying off the handle like this. It will not help your situation and it doesnt help anything in your thread either. And I am not "piling it on", I am doing my job as one of the moderating staff here. I respectfully suggest that you review your terms of service for this forum and abide by them. In the meantime, I offered very good advice--the reason why these moron attorneys do these things is because they tend to get away with it. If we dont let them get away with it, thats the first step to things changing.
Gretchen VonDerhoff 02-06-2011 12:41 PM You know what? I don't need YOU lecturing me, so, how can I put this nicely since you are so into being Mr/Ms Manners.
Take a hike.
And what's with the "I expect you to know better". You don't have the right to expect anything out of me. Are we going to start telling each other what we expect the other to do?
Go lecture one of your kids or your significant other or the mailman or your doctor or your lawyer or indian chief.
Or maybe clean up your house. Or lose weight.
Surely there must be some self-improvement YOU need to work on.
Lecturing and superior mentality are not needed or wanted.:razz:
Gretchen VonDerhoff 02-06-2011 01:00 PM After NINE (9) MONTHS, too many continuances and one fraudulent affidavit, one vacated default judgment, all stud muffin has this round is that:
"As best as plaintiff can discern, the sole basis for Defendant's requested dismissal is that judgment has not yet been entred in either party's favor."
and
"Motions to the court must state with particularity the grounds for the requested pursuant to Missouri Rule of Civil Procedure 55.26(a).
My statement to him would be, if he were here now, is YOU are supposed to establish that I owe SOMEBODY / YOU SOMETHING and that YOU have the right to collect it among other things.
Instead he spends his time picking apart the minutae of my pleadings.
I SHOULDN'T EVEN BE IN COURT and if the first judge weren't so interested in watching BarbiDoll Attorney bat her eyelashes at him he would have dismissed it 8 months ago.
YES, I am angry. For 9 months I have been held hostage to this travesty of justice, the attempted denial of my constitutional rights, of Kramer and Frank and Midland Funding, a well-known dishonest and unethical law firm and client, of spending money I don't have to get transcripts of trial hearings and mailing endless Responses to Plaintiff's responses to Defendant's Responses to Plaintiff's demand to see more, of falsely stating that I did not answer the interrogatories and asking the court to find me in contempt of court, I am so very damn angry that this is affecting my health. I'm not so very young anymore and whatever time I have left on this earth I resent having to spend one more minute of it trying to prove I don't have a debt when that's not the way its SUPPOSED to go.
I don't think mr stud muffin attorney extraordinaire bothered to look in the court file and see that the interrogatories have been answered and filed with the court. You see I did not understand that I was only to send the answers to them and so I "accidentally" filed it with the court also and so when he says I didn't answer when I have a file-stamped copy of my answers I wonder how much more abusive this needs to get before I get some justice.
They are required to PROVE the debt, but because this is a corrupt court the madness goes on and on and on and on and on.
I have filed ten-page briefs in this and more trying to get out from under these maggots. I'm tired of their harassment and my patience is all used up. I'm tired of the court looking the other way and allowing this.
SO if I'm not in the MOOD someone wants me to be in, excuse me if I'm not all busted up about it.:smile:
unreal 02-06-2011 01:14 PM agree with sky, I think he is just trying to have you understand and tell you the same things as the mods tell others who post on this board. Anger is one thing, but to act like those they try to keep calm here, kind of defeats the purpose of these boards. He has not hassled you but tried to understand our point and to have you stay calm because flying off the handle will not help you or anyone else in this situation and you come back at him with nasty comments that are not necessary. It undermines everything, those who moderate this site and those who come here for help, they do. And if people who come here for help see someone who is listed as a Debt Samaritan having it out with a moderator, it will make those who seek help think that these boards are only for people who take out their frustrations on each other and no one will receive the help they need. Not saying it to be mean or overstep anyones bounds but reacting that way kind of shows the childish behaviour we accuse debt collectors of. Sorry, IMHO
get real 02-06-2011 01:16 PM especially considering your title to this thread is: Opinion, Advice or Experience Welcomed. He is giving his opinion and your shredding him for it, not nice
skydivr7673 02-06-2011 01:28 PM Gretchen, I am closing this thread. I gave you sound advice. I am sorry that you feel the need to take your anger out on me. Clearly it belongs somewhere else. As for my posting to you, as a moderator it is my responsibility to address such issues. Perhaps you should take a moment and consider that fact. I get it, you are angry, but that is not justification for treating people like garbage. At 25 I was diagnosed with cancer, and lost my career and damn near my whole life. I lost everything I owned again in Hurricane Katrina. I have been the victim of identity theft. I have dealt with illegal and immoral debt collectors just like you have, probably even more than you have. THAT is not justification for breaking the rules here, or crapping on people that posted comments that were solely to help you. If you feel that you can continue this thread in a civilized manner that doesnt involve insulting me, my family, or anyone else, feel free to let me know and I will be happy to reopen it. Thanks for your understanding.
Jon
ISN'T IT COOL HOW "JON" INSULTED ME AND THEN WHEN HE GOT IT BACK he closed the thread
SO JON can go around insulting whoever he likes and it doesn't matter because he will close the thread.
So, here's my situation. I am being harassed beyond any possible point of reason by Kramer and Frank, Scum-suckers at Law, on behalf of Midland Funding LLC. I was taken advantage of by them once and I'm trying everything possible to see it doesn't happen again.
Because of a court error, and after having faithfully answered every pleading and including filing a timely answer, I was unaware of a hearing in September and they (despite the fact they had absolutely NO EVIDENCE OF ANYTHING AND THEIR CASE FAILED TO SHOW STANDING or any contractual relationship) got their pound of flesh judgment.
SUDDENLY, on that day an Affidavit signed 5 months earlier but invisible till judgment day shows up, its an AFFIDAVIT, one of those scummy robo-signed things. Anyway conveniently heretofore missing document (that I could have disputed if they'd presented it during previous hearings I was present at) materializes and they get their judgment.
Not knowing what to do I took some time out to figure out which way to go and finally got it overturned/vacated right before Christmas. I accused (rightfully imo, if it looks like a duck yada yada it is one) the previous female eyelash-batting attorney of fraud, deceit and misconduct. I've been advised not to state "fraud" per se but it was in my motion to vacate and like I said, it is what it is. If someone is accused of homicide we don't charge him with "being around when someone went missing and/or got dismembered". So when I did the motion to vacate she quite conveniently (for her and Kramer and Frank) does a disappearing act and in her place (w/o notice to me or court) comes this relatively young male super-litigator (in HIS MIND anyway) and filed a motion to continue before the hearing scheduled on my request to vacate the Judgment. What he says implies, w/o directly saying so, that he cannot be there due to schedule conflicts, or that its inconvenient because of his usual Tuesday activities. The judge denied his motion to continue. So we show up at the hearing and I explained the situation to the judge and he read the documents I filed and said that it looked as though I had some good citations and causes why it should be vacated and so he was about to say he was going to vacate the order. Then SuperLitigator steps up to the plate and says, basically, judge, we got this order on the merits (of the case). And the judge said, "no you didn't, you got it based on the fact that defendant was not here". So he went on to instruct mister SL attorney to quash the garnishment etc. I can tell this is not setting at all well with mister SL but he agrees. We are informed the case is continued to February and also transferred to another division, same court just a different judge I am not sure what to expect as his "take" on things. Some judges, a few, are down to earth good guys who care about justice and then there are the OTHER KIND. Anyway the judge who vacated the judgment said "basically, we are back at square one" (with them having to prove their case).
Now the facts are that there is no evidence because first of all I never had any account such as the one they allege. Secondly, they have never responded to my answer stating they had failed to establish a claim and show cause and so forth. In fact, twice now (last week most recently) I have accused them of FRAUD and THEY NEVER DENIED IT. I would think that based on what I have seen in the statutes if someone states such a thing and you do not deny it then you are guilty, but I could be wrong because what "is" in one case "isn't" necessarily in the next. But it would seem so to me.
Anyway, they had presented interrogatories last summer which I answered. I did not use the diskette supplied because I have an apple computer and as such it was not usable. So right after Christmas is over, instead of doing the logical, moral, ethical and expeditious thing (for both of us) mister super litigator sends me a letter telling me that my answers were improper and that I had better send him my answers within the next 7 or 10 days, forget which, or he will file a motion to compel answers.
Now when I filed my answers, and it will be on the transcript of the hearing, I appeared at a court hearing 2 days later. Upon approaching the bench that day the judge specifically said "I see you have responded to Plaintiff's Interrogatories/Discovery documents. And I said "yes, I have". AT NO TIME did eye-lash batter female say "your honor we are in receipt also but they appear incorrect/incomplete". NO ONE said a word about having a problem with them.
NOW, in an act of VENGEANCE FROM stud-muffin super-litigator comes this letter and subsequent motion to compel. The language in his motion is such that it is clear what his intent is. He insists that if I do not comply that he requests the judgment be reinstated, basically, the Order to Vacate be also vacated.
Crossing in the mail with his Motion, I had submitted a motion to the court to dismiss based on failure to prosecute, failure to show standing, the fact that they used a fraudulent, deceptive document (and I quoted Midland v. Brent to make my point that they KNOW those affidavits are not only not true but that they have gotten into trouble in another state for using them, actually several states), I outlined each and every thing that has happened in this case, including the fact that mister SL at one point says I never filed an Answer or state defenses, he skips right past (seems unaware of) the July initial hearing, he says I have not answered the interrogatories correctly (whatever correctly is), I pointed out how the entire case has been malicious prosecution with no evidence, yada yada like all that. There were 40 statements I made to the court about what I believe has gone on thus far. I won't bore you reiterating them but I have presented valid facts while SL has presented (continuing true to form) questionable representations. And I still am not sure what is incomplete/improper with my answers to interrogatories. I denied all of them because how can I answer otherwise when I do not have such an account and in light of the fact that haven't come up with one signature of mine on any document or charge slip or anything else.
If I were (this is my opinion of course) a stud-muffin super litigator or an eyelash-batting female attorney just out of law school working for slime suckers K & F, I would be happy to just get this dismissed and done with, especially considering they have nothing to show.
But it seems I have offended the sensibilities of stud-muffin SL and he is (harumph) going to take this thing in hand and squash me like the worthless peasant/upstart that I am.
However, his superlitigator status aside, he hasn't filed one document that isn't missing information or have some blatant error due to carelessness (such as that he mailed me the motion he filed in December back in October. He doesn't have the facts right, he is just offended that I managed to get the judgment vacated and this is now a personal thing.
So we are off again on another wild adventure it seems.
So now the court has my motion to dismiss with prejudice and his motion to compel and I'm not sure how things are going to go. If the judge is a good guy up there to see to justice and not interested in grinding the good ole-boy axe against me, he will rule favorably for me. If he is the opposite or if I have missed some important statute or other, he will rule in SL's favor, at which point my previous vexed state of mind is apt to soar through the roof.
I think it is somewhat deceptive, or intending to confuse that SLs letter to me threatening me if I don't answer-up what he's going to do to me, states that my answers are not done properly. While in the motion (to which a copy of his letter/threat to me is attached because he has to show that he attempted to deal with it before involving the court) it states, plain as day, that I never answered the interrogatories. HUGE DIFFERENCE there yannow? I think he is counting on the judge not looking into his letter substantively or comparing it to the motion. One says I answered but not correctly, one says I never answered. WHICH is just one more reason why my previously thought (until now) image of attorneys who work with these debt collectors couldn't get any lower, NOW, surprise to me, my idea of them and their less than zero worth and who should be fined for littering and taking up space on the planet has gone through the floorboards. There is no lower life form on the planet unless it be child molestors/abortionists and those abusive to helpless animals.
I have wasted 7 months of my life dealing with these scum sucking bottom feeders and I really resent the time it has cost me, the expense it cost me getting transcripts, costs of copies from the court file, parking, doubling up on my anti-depressant medication, etc. (not to mention being not a hugely sought after guest because people are tired of me yammering on about the present abuse happening in the courts because of these robo-signed-affidavit using scummy law firms for equally scummy junk debt buyers. I could, and part of me actually wants to submit my own set of discovery documents to mister super litigator as, trust me, they won't have anything to show and what I will be asking for his for them to supply the facts, not allegations about my alleged debt and so of cousre will fail. But really, I JUST WANT THESE PEOPLE OFF MY BACK so should I take a gamble and not do them. If I do submit my own discovery requests will that have a negative effect on my motion to dismiss? Will the judge say "well you obviously don't want to dismiss or you wouldn't have filed discovery documents, which would SORELY SUCK and vex me more, if that is possible.
PRIDE GOETH BEFORE A FALL, is a wise motto to keep in mind. I say that for my sake and also for mister stud SL as well. I would like to think that I have the moral high ground (how could I not after all when there is no such credit account) and that it will be apparent to the court how these slimy creatures have attempted to use the powers of the court for coercion and strong/arm enforcement of their worthless claim.
[COLOR=#ff00ff]But time will tell. If I have learned anything, its to expect the unexpected. And also, sadly, that too often the law has precious little relationship/correlation to justice. :roll:
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Angeldove 01-12-2011 06:55 PM Did you file a motion to strike the affidavit? Is there anything on your credit report reflecting what they show? What "true" evidence do they have saying this is your debt?
Can you tell us a ballpark amount this is for and who is supposed to be the OC?
Gretchen VonDerhoff 01-12-2011 08:42 PM Angel, the OC is listed as Citibank. The debt is in the area of $2,500. Yes, along with the motion to vacate the default judgment and also requested the same regarding the Affidavit.
The "evidence" they submitted is the same in other cases I've heard of except usually the Affidavit is attached to the initial petition. Maybe they are thinking to hold onto them now since they are of questionable value, preferring to use them only as a last resort. My failure to appear, though not any fault of mine, was apparently a good time to pull the Affidavit Rabbit out of a hat since no one was around to dispute it.
So the affidavit is the first evidence. The second thing was attached to the petition and it is basically something a grade school student (and I)could do on a computer. It's a grid, basically, that is on plain white paper, no letterhead to identify where it came from, and in the spaces (about 8 or so) it says: Debt Owed in one space. The rest of the spaces have stuff like a redacted account number, the dollar figure owed, etc. It's obviously something they made up themselves and it was also addressed in Lauber et al v. Encore, Midland et al CV-10-5132-LRS, an ongoing class action suit in Washington state which relies on and frequently refers to Midland Funding LLC v. Brent, 644 F. Supp. 2d 961 [SIZE=2](N.D. Ohio 2009).
They clearly have nothing as evidence and further they haven't denied my allegations of fraud, intent to deceive and mislead the court, they never answered my assertions that they have no standing and have shown no contractual relationship, and no one said one word about my answers to interrogatories being unacceptable.
I can't see how it can be perceived as anything other than malicious prosecution.
Mister Super Litigator wrote on his motion for continuance (should have been called motion to continue stalling) that he wasn't doing it to frustrate the case but obviously he was as he did manage to materialize on the scheduled date.
They are like pit bulls, powerful jaws that refuse to let go. In this case they are pit bully's.:smile: Very little, other than that they have my correct name and address, of what they said is true and its almost all b.s. meant to deceive.
The FDCPA prohibits the use of "any false, deceptive, or misleading representation or means in connection with the collection of any debt." FDCPA § 1692e. Specifically at issue here is the prohibition of "[t]he use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer." § 1692e(10). Section 1692k of the statute provides for a remedy of either actual damages or strict liability, which allows consumers to recover statutory damages for violations of the act without proving actual damages suffered. Miller v. Javitch, Block & Rathbone, 561 F.3d 588, 592 (6th Cir.2009); FDCPA 1692k. Debt collectors, as explained infra IV.A.4., are afforded a defense of bona fide error if they can show the violation happened without intent to mislead and procedures have been adopted to avoid errors. FDCPA § 1692k(c).
It would be difficult to see how Midland, in light of its previous brushes with the court about their affidavits and so forth, did not know this affidavit was deceitful.
These attorneys are college-educated people and they surely know when someone has been directed, as a part of their job, to sign affidavits wherein they may not even know the definitions involved, that the document is based on intent to deceive and mislead and trick the court. The sudden materialization of the affidavit after previously been invisible/unknown just in the nick of time on judgment day is evidence of intentions to deceive the court.
They know what they are doing is against the law and yet they arrogantly do so anyway, day after day, not just to me but to thousands and thousands more people from coast to coast. There is no shortage of victims of Midland/Encore et al.
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Gretchen VonDerhoff 01-12-2011 11:14 PM From Brent v. Midland:
Quote:
Thus, as Midland and MCM are unable to show that the error was unintentional, that the error was bona fide, and they had maintained procedures reasonably adapted to avoid the error, this Court finds that they are not entitled to a bona fide error defense. As a result, Midland and MCM violated the FDCPA � 1692e by using a clearly false, deceptive, and misleading form affidavit in connection with the collection of a debt.
Companies like Midland are beneath contempt imo. If they had any sense of decency they would not engage in the kinds of conduct they do. They are thugs, basically. They harass and intimidate and browbeat their victims into complying or they use their tricks of the trade to get the courts to give them an order to seize someone else's money.
It seems so simple to me that if it was a requirement to at least show proof of their ownership of a debt that it would simplify things and relieve the court of much overcrowding.
But that doesn't concern them. They don't care if they appear to be bullies, they don't care that to the person aware of what is going on that they appear dishonest with ill gotten gains attained through lies and tricks and opportunism.
How can anyone work for such a company and have any self-respect?
Surely people who work for Midland probably describe their job as more likely doing society a favor by making deadbeat losers be held accountable. I bet they turn their disgusting acts into somehow making them appear heroes, which is really a disgusting thought indeed.
Angeldove 01-12-2011 11:23 PM You ought to go back to court and file a motion to compel arbitration and then have your JAMS paperwork for the judge to see. On an amount as small as they are after, they will probably retreat pretty quickly and disappear. :grin:
Gretchen VonDerhoff 01-13-2011 08:50 AM I'm not familiar with JAMS you mention so enlighten me please, I'd like to figure out what is going on and you make some good salient points.
Angel, you would think so (that they withdraw quickly), just on the time wasted on this already and that Lord knows they have ten million more fish in a barrel to do target practice on, with no possible HONEST outcome that would benefit Midland, there is no evidence, they deserve nothing and their insistence on keeping this going defies logic, imo, which is why I really feel it is in retaliation for daring to get their judgment overturned.
Now they resort to MORE LIES. I'm looking at the motion to compel they just filed and it contains a furtherance of their distortions and lies. I can't figure out what they could be thinking, maybe they know something I don't know. But I have file-stamped copies of my answers to interrogatories and in spite of all that mr super litigator who has already stated so many wrong facts, does now say the following:
COMES NOW Plaintiff Midland Funding LLC, pursuant to Civil Rules 61.01(b) and 61.01(d) and moves this Court to order defendant (name) to answer Plaintiff's First Set of Interrogatories and in support thereof states:
1. On or about July 9, 2010, Plaintiff mailed to Defendant, Plaintiff's First Set of Interrogatories directed to defendant.
2. On December 23, 2010, counsel for Plaintiff sent a letter to Defendant, requesting that Defendant provide its response to Plaintiff's requested Discovery within ten days. A copy of the letter is attached thereto marked Exhibit 1.
3. Extension of time granted, if any, have expired and Defendant has failed to file Answers to Plaintiff's First Set of Interrogatories.
4. The information sought is necessary to assist counsel for Plaintiff prepare and respond to the defense of Defendant in this action.
WHEREFORE, plaintiff prays that this Court order defendant (name) to file Answers to Plaintiff's First Set of Interrogatories within within fifteen (15)(days is left out but I assume that's the intention) for reasonable attorney fees necessitated by defendant's failure to comply with discovery requirements and that this Court provide in its order that should Defendant fail in any respect to comply with the Court's order that Defendants' pleading be stricken and the judgment may be entered by default.
That's his purpose in this whole thing, to get that judgment which never should have been in the first place once again for the second time be entered in TOTAL LACK OF ANY EVIDENCE OF ANY KIND other than the fraudulent and deceptive Affidavit. Midland has been fined before for using this deceptive affidavits but they don't bat an eye just plow right ahead.
That is why I say that I thought I could not "loathe" them to a greater degree than I previously did but I was wrong.
This just blows my mind. December 23 is the day after the judgment was vacated so he wasted no time in putting pen to paper as it were to restore their unjust dues.
HOW do you account for the arrogance of a someone, a law firm who KNOWS they have no proof and yet insists on playing these ridiculous games.
I resent wasting my time on this stupid drivel. It is done for only one reason, to harass, and intimidate with malicious intent.
If anyone else can tell me how he can say such blatant lies with a straight face I'd like to know. Does he think the judge will not see in the files that I did answer the interrogatories, or that no one voiced an objection to them until now?
In his letter to me he states that "your responses to interrogatories were not PROPERLY answered".
Has he stated that on the letter but not on the motion to compel in order to have a way out of being accused of lying AGAIN. So he can say "oh, you see I meant well enough as the letter says we want better answers" so it was just a clerical mistake that I wrote defendant didn't respond, it should have said "respond properly". And he does not say what is improper about them so I can't see how that is to appear to the court that he made a good faith effort to get compliance w/o involving the court. (he is required to do that, show that he tried and was unsuccessful).
And bear in mind they still have not answered my defense of their lack of standing or showing a contractual relationship?
Mind blowing, imo.
Angeldove 01-13-2011 09:27 AM What is the "year date" of their alleged default? Let me know that and I will further explain.
Gretchen VonDerhoff 01-13-2011 11:19 AM their default? I don't know the dates of anything because I did not have a charge account with citibank and without any evidence I have no idea of nothing.
I need to get another copy of my credit report but last I looked before filing my answer, no, citibank was not on my credit report.
Angeldove 01-13-2011 11:54 AM Interesting! So, there is nothing in regard to this debt even showing on your credit report? That would be a giant plus too!
Usually even without them giving proof of a debt, they will at least give you a default date. In this case, sounds like you could pick a year that would be advantageous to you and then let them prove you wrong!
Be watching for a pm in a moment. I need to give you a link.
aubrey 01-13-2011 12:12 PM Is it possible that you could have had an account with another bank and that Citi either took it over or merged that you are unaware of? My former AT&T Universal card was acquired by Citibank.
If you feel they are violating the FCRA and others, why don't you contact a consumer attorney and file a lawsuit? I did this against CollectCorp. without having to spend any money. They do it on a contingency basis.
I hope you get a nasty judge in February that will boot them in the butt.
Gretchen VonDerhoff 01-14-2011 12:12 AM Thanks, Aubrey, The consumer law attorneys I talked to did not express any interest in my case since it was already in court and they said they wanted no part of it. Once it went to court and was not just an out of court hassle being called they said "leave me out of it"?
What was your situation that they helped you with? Had you a court case they helped you with or was it about their collection conduct???? Glad they were able to help you. Dealing with these people gets old and tiresome day after day.
I have not seen anything that any of my accounts were ever sold to or from Citibank. Even if it was such a case, the facts remain the same, Midland's case as it is now, is that they want to collect a debt of which they have shown no proof they own.
It is unreasonable to expect anyone to pay just anyone who comes knocking on our door with claims that we owe someone else money that they are there to collect.
But companies like Midland rely on intimidation. That is one reason why I think they are contemptible. They don't do an honest day's work for an honest day's pay. They are like roving gangs of bullies who harass and rob people and take things they have no right to take.
Here's some info:
COMES NOW Plaintiff, by and through its undersigned attorney, and pursuant to Missouri Supreme Court rule 57.01 propound the following interrogatories to Defendant (name), to be answered separately in writing and under oath. The answers to these interrogatories should be signed by the person making them, and a copy of the answers should be served to counsel for Plaintiff no later than thirty (30) days subsequent to the service of these Interrogatories.
(Here they give definitions) basically "Plaintiff" means Midland Funding LLC, or any agent, employee, officer, director, or any other person acting on its behalf.
"Defendant" means (name), an individual.
"The Agreement" means the original Agreement between Citibank and Defendant (name).
"The Principal Balance" means the principal balance due Plaintiff from Defendant under the Agreement as alleged in Plaintiff's Petition.
INTERROGATORY ONE: If Request One is not admitted, state fully and completely the facts upon which Defendant's denial of Request One is based.
INTERROGATORY TWO: If Request Two is not submitted, state fully and completely the facts upon which Defendant's denial of Request Two is based.
etc. for Eleven Interrogatories.
My response for the Interrogatories and for their Request for Production and for their Request for Admissions (3 documents from them and 3 separate forms/answers to them) are all the same, and here are my answers:
COMES NOW (Me) and in response to (whichever, filling in the Appropriate Title of the Three) denies this document in its entirety. In support thereof Defendant (Me) states the following:
Plaintiff Midland is the sole Plaintiff in this matter.
Plaintiff Midland has failed to state a claim upon which relief can be granted.
Plaintiff Midland has no personal knowledge of any debt owed by Defendant Robertson to anyone.
It is evident that these documents, submitted by sole Plaintiff Midland are a fishing expedition into the entire life of Defendant (Me) without the benefit of demonstrating any contractual relationship or any claim upon which relief can be granted.
All were signed by me in front of a notary and then completed by notary and filed within the time period allowed and a copy mailed to scum suckers at law.
They are asking for info about Citibank (The Agreement" means the original Agreement between Citibank and Defendant (name).)
They state that Plaintiff means them Midland or any of the blah blah. They have shown nothing other than their word for it that Midland and Citibank have a connection and thus be IF i had the alleged account with Citibank.
so I am just supposed to take their word for it that I have an account with citibank and that citibank sold the account to midland and that midland wants them to collect.
Defendant is me (one person).
And the Agreement is between Citibank and me.Principal balance is "the principal balance due Plaintiff from Defendant under the Agreement as alleged in Plaintiff's Petition."
so due to Plaintiff Midland from me under Agreement between me and citibank which document shows that I owe Midland pursuant to Agreement as alleged in Plaintiff's Petition. How does the court have any right to rule that in light of the fact that we don't know citibank and midland ever met each other or if they did meet that they sold my ALLEGED debt to midland and now k&f are here to assist with this alleged debt owed to somebody who is not a party and they have no document to tie midland and citibank together but now I should pay them?
[COLOR=#800000]IF I had this debt (which I do not based on the information given to me by them) IF I did, irregardless the Agreement if there was one between me and Citibank would not show that I owe Midland anything because at the time the agreement was allegedly signed, Midland was not even a party to the matter. How could any agreement between me and citibank show that I owed Midland anything unless of course Citibank was precognizant, a "soothsayer" able to predict the future and they knew that I would ALLEGEDLY DEFAULT on the ALLEGED AGREEMENT. Since they have no Agreement, they cannot say that the Agreement says yada yada Citibank or anybody citibank assigns contract to because they show no contract and I have no knowledge of one?
Basically, this says they came to court with nothing and would like for me to supply all their evidence for them since they ask for ALL MY CHARGESLIPS in my entire life yada yada?[/COLOR]
Gretchen VonDerhoff 01-14-2011 12:21 AM Even if they tried to argue that I didn't list/answer
1. Question 1. Answer
2. Question 2. Answer
and so forth,
IF they wanted to argue that route, the fact is the courts do not by law rule to something unjust simply because I didn't tap dance backward while whistling Dixie on Friday the 13th?
Gretchen VonDerhoff 01-14-2011 12:25 AM We've all seen the unpleasant and rude comments left by those who come here to shame us and tell us just to pay our bills and stop trying to get something for nothing. Those kinds of people are either moles or they are self-righteous people who have not experienced the kind of hardships that happen to people who then have the misfortune on top of all that to be harassed by companies who demonstrate no morality in what they do.
And so with that in mind, I would be a fool not to realize that Midland or someone like Midland could be reading of my obvious frustration and take some joy in it. :rolleyes:
I just want to set them straight if in fact Midland or their kind are reading this, it will be a cold day in hell when I just give up and let you take what you want and that you have no right to. IT AIN'T GONNA HAPPEN. :eek:
aubrey 01-14-2011 09:46 AM My beef with the collection agency was that they debited my bank account after I had sent them revocation of ACH both by e-mail, fax and telephone. I spoke to the creditor the night before they debited my account! They still did it which overdrew my account, etc. etc. Then I had to get my bank involved - I was on vacation at the time it happened! They continued to call me at home when I had provided them with my cell phone number, then they called me at work. So I got fed up with them and contacted a consumer attorney who has filed suit against them.
I, too, wouldn't pay anyone any money unless they had proven the debt was their's. I fail to see why the judge won't slap them on the wrist and dimiss this. Your situation would be enough to make me go "postal"..... Will keep my fingers crossed that you eventually prevail.
Gretchen VonDerhoff 01-14-2011 12:08 PM Thank you Aubrey for that information. And also for your affirmation, I guess, of my feelings, for helping me to feel "okay" with myself. Because its easy to internalize this stuff and since its almost all negative SO FAR (although I am happy to have gotten the judgment and affidavit thrown out) somehow the negativity becomes somehow my fault. I really am to a great extent, as we all are, not as in control as we would like to be or feel we should be about our lives and finances and yes, this court stuff. In a perfect world we wouldn't be dealing with "court stuff" but then believing in a perfect world is something best left to fairy tales. But what I mean to say is that somehow though I have engaged in no deception, because of all the underhandedness of this case I somehow feel like I must be to blame or that if it weren't for who I am it wouldn't be happening.
Maybe I tend to over-think things, I prefer to believe that I'm just somebody who is very in touch with the emotional aspects of life, with the emotional effects of things that happen in the business world and in our private worlds. We are, after all, people with a wide-ranging capacity of emotions. There is a time and a place, I guess, to actually deal with our emotions but I think a lot of us just stuff it all down until "later" when later never gets here and so its just repressed / unresolved emotions.
Or maybe I just talk too much, lol. Anyway thanks for explaining your own situation and how you were able to get help, thankfully.
More and more I find myself reflecting on the irony/incongruity that the people I'm dealing with, known as attorneys-at-law, really don't do the "law" thing any favors by association. The law seems to get more and more perverted and distorted and its done by those called, amazingly "attorneys at law". I guess I should remind myself that not all attorneys are bad people but based on what I've seen for myself and others, it sure feels that way sometimes.
Yes, I understand totally how the "convenience" of electronic banking can end up being not all that convenient when it gets used unfairly to take advantage of others. Depending on your bank, you may or may not get help or sufficient help to fix the problem. Some banks will tell you there is nothing they can to help you but the facts are, from what I've experienced, that people who withdraw funds from your account are ultimately responsible for proving they had the right to do so. Unfortunately, in the interim while they are in the process of "proving" it, your finances are affected long or short term and so then you have to find a way to deal with it.
I've been my own road on similar issues that get more complicated. Like if you approved the transfer but what you approved it for never gets delivered or what is delivered is defective or not what you ordered or were lead it to believe it was. Or (and I would never do this again - live and learn) approving something verbally over the phone which makes it a case of "he said - she said" and for some reason it seems to me that the average person, the consumer, somehow gets less credibility, imo.
It seems to be that way in court too, the attorneys and businesses seem to have the upper hand unless you've got a judge that is really on top of things. For one thing, attorneys have advantages and short-cuts not available to everyone. Like in the court I have to work with, I cannot file things electronically but they can. It sometimes turns into a major "thing" just to file something. Because its downtown, hard to get to, hard to park, pay to park, navigate the occasionally weird street person, or do it by way of post office and then you have to be sure to get right amount of postage for return self-addressed stamped mail and what you send out. It would be so much easier just to put it on the fax machine and let it go.
Anyway, like I said, thanks for the info, the good wishes, and helping my mental outlook a bit (which sometimes seems like the biggest hurdle - keeping ourselves in good emotional health). I guess if there is anything positive out of all these nightmares we are forced to deal with is that there is plenty of opportunity to help others and receive help. And in today's society there isn't always a lot of opportunity to do that or have the venue to do so. We don't live in quiet little neighborhoods where everyone looks out for each other. But here, we are a community of sorts who do things the old-fashioned way in so far as we are just people needing help and giving it when we can. It's not the same thing as a plate of warm cookies but the effect is the same imo.
Thanks for the warm cookies, to all of you who have helped and are trying to help. And the nice thing is, these cookies won't make us fat! :razz:
goldenbast 01-15-2011 01:14 PM Want to really yank stud muffin (I had to laugh my rear off at that) chain, file a countersuit to reclaim all the monies this totally bogus claim has caused you PLUS any and all violations you can think of.
Oh and I would be writing a complaint letter to his state bar about all this and include copies of those papers, the ones where in one paper he states you answered improperly then in another letter states you never answered. This is HIGHLY unethical and its almost like a lawyer committing purjury.
Gretchen VonDerhoff 01-16-2011 03:26 PM Oh, I could think of some things to do with stud-muffin, I have a very active imagination, very creative, I can come up with a hundred ways to fix that one. But for the time being I guess I should stick to the business at hand.
Why? becomes money begets power and power begets betrayal and corruption.
Now today we've got people losing their homes based on documents that are forged, judges who let them come back time and again until they get a good enough forgery to finally seize the homes. and we've got debt collectors engaging in horribly unfair conduct using the same kind of shoddy evidence and it happens thousands of times a day, due to whatever reason, people are scared to go to court, are intimidated, can't get off work without risking being fired, unable to get their physically, for whatever reason thousands of default judgments are being entered with no more basis in fact that what they have in mind: NONE.
In my statements in support I accused the, rightfully so, of knowingly using false and deceptive documents, the whole case is false, but rather than just let it go now they are intent on restoring that default judgment that they got and they want it back though they had no right to it to begin with. And they are juggling attorneys so that the person I initially accused of fraud (now I have 2 plus the law firm) conveniently disappears sparing her having to face me and answer/respond. To date none of them have denied they lied, they just want the damn judgment back.
Gretchen VonDerhoff 01-16-2011 04:04 PM When I first entered into this whole thing I was naive. Now, no matter how scary or painful it is to realize the very real danger to all of us and how little we can control, all I really want is what we were lead to believe in. That leading moral productive lives would give us a shot at the American Dream. I'm sure there are those who would argue with me but this is a new world and not a good one. Some people prefer to say I'm nuts because they feel safer that way. Like when you were a kid, pull the covers over your head and will the monsters to be gone.
I wish I could provide links for you to show you I'm not just making this stuff up but I can't but its all out there if you look. I started looking just for a way out of the judgment. But once I got started I found a lot more.
Anyway, I'm aware of the $1,000 thing under the FDCPA but beyond that I'm lost. But this has cost me a lot of time and money in the end but the most valuable thing it costs me is my time. We only get a certain amount of time and this ain't how I would choose to spend mine, defending myself against liars.
My kids are tired of me talking about this all the time and I do try to limit it but its very important, for one thing, I can't afford to have my bank account to be frozen because that's all I have. I have no credit cards and without my bank account I could end up homeless and for what?
Gretchen VonDerhoff 02-05-2011 10:25 PM Get this, after stating in my answer and from day 1 and in 50 or so pleadings since then I have stated, among other things that
PLAINTIFF HAS FAILED TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED
IT HAS FAILED TO ESTABLISH A CONTRACTUAL RELATIONSHIP
IT HAS FAILED TO PROVE IT OWNS THE ALLEGED DEBT
The ONLY PROOF they have offered was a fraudulent affidavit
after all that this arrogant ass of a UNLAWyer
says as "far as he can ascertain the only reason defendant asks for a dismissal is because neither party has gotten a judgment."
I GUESS HE CAN'T READ
how about it needs to be dismissed because from day one there is NO DAMN EVIDENCE
NINE MONTHS this has been going on and this PIECE OF SLIME still won't give up.
I have a court date on Feb 8 at 1:30 p.m.
[SIZE=3][COLOR=YellowGreen]
If this is not dismissed then I will be on the 6 o'clock news :mad:
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skydivr7673 02-06-2011 12:11 AM The first thing you need to do is take a deep breath and calm down. You are a debt samaritan, you represent this forum. And posts like this do not represent this forum in a good light.
What I would do if I were in your shoes, I would contact the bar association and file a complaint against this attorney. I would point out the information being thrown about in this case and complain that this attorney has intentionally filed a frivolous lawsuit--that they knowingly used an affidavit that is hearsay and inadmissible....that they brought absolutely no evidence other than the hearsay affidavit. I would make sure to point out that this attorney filed a lawsuit that wasted your time and money, and did so knowing that they did not have anything close to the amount of evidence needed to meet the burden of proof. I would also file a complaint with the FTC against them for the same reasons.
Gretchen VonDerhoff 02-06-2011 02:39 AM I have been through enough grief without you piling on to it.
I did not ask to be a debt samaritan. I like helping people but I did not ask to be one.
If my extreme frustration troubles you too bad. You have no idea what kind of stress is going on in my life and I don't need your criticism.
skydivr7673 02-06-2011 06:30 AM debt samaritan or not, that language has no place on this forum and I would expect you to know better. You come off as an intelligent person, so lets stop pretending that you are justified in flying off the handle like this. It will not help your situation and it doesnt help anything in your thread either. And I am not "piling it on", I am doing my job as one of the moderating staff here. I respectfully suggest that you review your terms of service for this forum and abide by them. In the meantime, I offered very good advice--the reason why these moron attorneys do these things is because they tend to get away with it. If we dont let them get away with it, thats the first step to things changing.
Gretchen VonDerhoff 02-06-2011 12:41 PM You know what? I don't need YOU lecturing me, so, how can I put this nicely since you are so into being Mr/Ms Manners.
Take a hike.
And what's with the "I expect you to know better". You don't have the right to expect anything out of me. Are we going to start telling each other what we expect the other to do?
Go lecture one of your kids or your significant other or the mailman or your doctor or your lawyer or indian chief.
Or maybe clean up your house. Or lose weight.
Surely there must be some self-improvement YOU need to work on.
Lecturing and superior mentality are not needed or wanted.:razz:
Gretchen VonDerhoff 02-06-2011 01:00 PM After NINE (9) MONTHS, too many continuances and one fraudulent affidavit, one vacated default judgment, all stud muffin has this round is that:
"As best as plaintiff can discern, the sole basis for Defendant's requested dismissal is that judgment has not yet been entred in either party's favor."
and
"Motions to the court must state with particularity the grounds for the requested pursuant to Missouri Rule of Civil Procedure 55.26(a).
My statement to him would be, if he were here now, is YOU are supposed to establish that I owe SOMEBODY / YOU SOMETHING and that YOU have the right to collect it among other things.
Instead he spends his time picking apart the minutae of my pleadings.
I SHOULDN'T EVEN BE IN COURT and if the first judge weren't so interested in watching BarbiDoll Attorney bat her eyelashes at him he would have dismissed it 8 months ago.
YES, I am angry. For 9 months I have been held hostage to this travesty of justice, the attempted denial of my constitutional rights, of Kramer and Frank and Midland Funding, a well-known dishonest and unethical law firm and client, of spending money I don't have to get transcripts of trial hearings and mailing endless Responses to Plaintiff's responses to Defendant's Responses to Plaintiff's demand to see more, of falsely stating that I did not answer the interrogatories and asking the court to find me in contempt of court, I am so very damn angry that this is affecting my health. I'm not so very young anymore and whatever time I have left on this earth I resent having to spend one more minute of it trying to prove I don't have a debt when that's not the way its SUPPOSED to go.
I don't think mr stud muffin attorney extraordinaire bothered to look in the court file and see that the interrogatories have been answered and filed with the court. You see I did not understand that I was only to send the answers to them and so I "accidentally" filed it with the court also and so when he says I didn't answer when I have a file-stamped copy of my answers I wonder how much more abusive this needs to get before I get some justice.
They are required to PROVE the debt, but because this is a corrupt court the madness goes on and on and on and on and on.
I have filed ten-page briefs in this and more trying to get out from under these maggots. I'm tired of their harassment and my patience is all used up. I'm tired of the court looking the other way and allowing this.
SO if I'm not in the MOOD someone wants me to be in, excuse me if I'm not all busted up about it.:smile:
unreal 02-06-2011 01:14 PM agree with sky, I think he is just trying to have you understand and tell you the same things as the mods tell others who post on this board. Anger is one thing, but to act like those they try to keep calm here, kind of defeats the purpose of these boards. He has not hassled you but tried to understand our point and to have you stay calm because flying off the handle will not help you or anyone else in this situation and you come back at him with nasty comments that are not necessary. It undermines everything, those who moderate this site and those who come here for help, they do. And if people who come here for help see someone who is listed as a Debt Samaritan having it out with a moderator, it will make those who seek help think that these boards are only for people who take out their frustrations on each other and no one will receive the help they need. Not saying it to be mean or overstep anyones bounds but reacting that way kind of shows the childish behaviour we accuse debt collectors of. Sorry, IMHO
get real 02-06-2011 01:16 PM especially considering your title to this thread is: Opinion, Advice or Experience Welcomed. He is giving his opinion and your shredding him for it, not nice
skydivr7673 02-06-2011 01:28 PM Gretchen, I am closing this thread. I gave you sound advice. I am sorry that you feel the need to take your anger out on me. Clearly it belongs somewhere else. As for my posting to you, as a moderator it is my responsibility to address such issues. Perhaps you should take a moment and consider that fact. I get it, you are angry, but that is not justification for treating people like garbage. At 25 I was diagnosed with cancer, and lost my career and damn near my whole life. I lost everything I owned again in Hurricane Katrina. I have been the victim of identity theft. I have dealt with illegal and immoral debt collectors just like you have, probably even more than you have. THAT is not justification for breaking the rules here, or crapping on people that posted comments that were solely to help you. If you feel that you can continue this thread in a civilized manner that doesnt involve insulting me, my family, or anyone else, feel free to let me know and I will be happy to reopen it. Thanks for your understanding.
Jon
ISN'T IT COOL HOW "JON" INSULTED ME AND THEN WHEN HE GOT IT BACK he closed the thread
SO JON can go around insulting whoever he likes and it doesn't matter because he will close the thread.
I knew this was going to get ugly, normal people do not behave t
I knew this was going to get ugly, normal people do not behave this way!
