Being sued by JDB,Midland. Have requested & granted 2 continuances. However, do not think I would be granted a 3rd. I feel like there are some grounds for requesting a dismissal, from some research I have done. But I am not sure how to put it all together and I am nervous about making a mistake.
Contracts / Agreements Lawyer
Do you have an attorney to help you with this? If not you should familiarize yourself with rules 9.2 and rule 11of the Indiana Trial rules to see if Midland has complied with them. If not then you need to get what we call "discovery" in the form of interrogatories and requests for prodection of documents to show that there is a debt owed and that Midland owns the debt. If they cannot produce the proof, then you shyould either ask the lawyer for Midland for a stipulated dismissal "with prejudice" or move the court to dismiss. If you are representing yourself the court will be more lenient towards you than it would an attorney.
Do not make the mistake that many people make in thinking that the court will "go easy on you" and let you not doing everything by the book because you are representing yourself without benefit of legal counsel.
Our own Indiana Supreme Court stated in a case decided just ten days ago that "litigants are held to the same standard as trained counsel and are required to follow procedural rules." Evans v. State, 809 N.E.2d 338, 344 (Ind. Ct. App. 2004), trans. denied. This court will not “indulge in any benevolent presumptions on [their] behalf, or waive any rule for the orderly and proper conduct of [their] appeal.” Ankeny v. Governor of State of Ind., 916 N.E.2d 678, 689 (Ind. Ct. App. 2009), reh’g denied, trans. denied (citation omitted)." Kreegar v. Fifth Third Mortgage, 34A02-1110-MF-940 (June 29, 2012).
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
As stated elsewhere, you need to do some discovery to see if Midland has the documents needed to prove they own the debt and are entitled to obtain a judgment. In some courts, conducting discovery is at the discretion of the judge - in other courts a scheduling order is issued and the discovery period is defined for the parties. Check with the court to find out whether you need the court's permission to conduct discovery. If you are free to conduct discovery, prepare a Request For Production of Documents. Discovery is governed by the Court Rules, and this is where having a lawyer comes in handy. If you do not follow the court rules for discovery, the opposing party can ignore your request and make you jump through additional hoops to get what you want. What you want is a copy of all documents related to the purchase and sale of the debt in question including any assignments, from the oriiginal creditor to JDB. These debts are often sold several times. Each sale invoves documents. It is like the chain of title to real estate, if you can't show you bought it from the true owner, you may not be able to enforce your rights. Record keeping is not the strong suit of debt purchasers. The best defense is to request all the assignments, and if they cannot produce them, ask for the case to be dismissed.
1 lawyer agrees