So, here’s my situation. I am being harassed beyond any possible point of reason by Scumsuckers 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 an 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.
SUDDENLY, on that day an Affidavit signed 5 months earlier but invisible till now shows up, its an AFFIDAVIT, one of those scummy robo-signed things. Anyway they conveniently this previously 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. So when I did the motion to vacate she quite conveniently for her 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 Ass in disguise 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.
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 roboaffidavit-using scummy law firms for equally scummy junk debt buyers.
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 afterall 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.
But time will tell. If I have learned anything, its expect the unexpected.