Motion for Summary Judgment against Midland Funding. I am asking the court to dismiss this case as Midland can't prove the debt.

Asked over 1 year ago - Lyndhurst, NJ

In 2012 Midland sued me for a 2008 charged off debt, I served affirmative defenses , they were able to get an order of suppression against me, after a month they moved to get a judgment against which is objected. Surprisingly the Judge denied Midlands motion and vacated the suppression using my objection as a cross motion. Midland filed a motion to reconsider on the basis of sua sponte and i did not pay the fee to vacate the order. Midland also denied to answer my request for productions and admission. The Judge has granted my oral argument for summary judgment which is in a few days. It will be appreciated if i can get some advice on strengthen my case. They havent provided me the proof except robo signed affidavits that they own the debt, nor did they provide assignment,credit contract

Attorney answers (3)

  1. Lawrence Michael Centanni

    Pro

    Contributor Level 12

    Answered . I give you much credit for defending your action in court. However, it seems from what you are writing, the Plaintiff is trying to finalize its case against you. You must talk to an attorney as soon as possible about this matter, and see, if any, options you may have.

    The information is for general information purposes only. Nothing from this comment should be taken as legal... more
  2. Patrick M Driver

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I strongly suggest that you contact a consumer lawyer in your area. Most consumer attorneys will provide a free initial consultation for your case. In addition to this lawsuit, he or she may be able to determine whether you have a claim under the Fair Debt Collection Practices Act.

    There are a number of legal terms laced throughout your question that makes me very concerned about you trying to do this yourself. (For example, sua sponte is when a court does something on its own accord--without the prompting from a party.) There are a number of technical details which need to be complied with and your best bet is to contact an attorney.

  3. Michael Rapp

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Mr. Driver is right. I am not sure why you are trying to do this on your own. Midland Funding does this as a business and is very experienced in court and used to dealing with Pro Se Defendants. Making a mistake can be very expensive, and unnecessary. As an old debt, under dispute, you may very well have defenses. As mentioned, attempts to collect a debt are governed by a Federal law known as the FDCPA. Before this gets any farther along, you should consider going to http://www.naca.net/find-attorney and talking to an attorney that lists the FDCPA as a practice area. The FDCPA allows for attorney fees so most attorneys may even take your case on contingency in this area.

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