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Been practicing some straight up shitlaw this week. Rate my results
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Date: December 5th, 2019 4:29 PM Author: bright shitlib Biz client sent me a couple of his employees as clients, I promised to do all of them for cheap.
1. Debt collector hassling a lady who had almost fully paid off an old debt. I made two phone calls and they fully excused her remaining debt. I made $250 2. Midland Funding sued a lady on an old $7500 credit card debt (which she owed) which they bought from Citi for pennies on the dollar (read about Midland and their business practices). With their lawsuit they included a bill of sale from where they bought 1000s of accounts from Citi, and had one piece of paper with my clients name and account number and balance on it, and had a couple months of her credit card statements from 2016. I repeatedly asked them for copies of the original contract/credit application, they kept denying my request and got increasingly belligerent to me. I finally sent them a hard ass email on Tuesday saying that if they don't send me the contract/credit application by today (Thursday), I was going to spend 10-15 hours writing a motion to dismiss and ding them for attorneys fees, as well as do a motion for broad discovery. The very next day they sent me a notice that they were dismissing the lawsuit entirely, no other explanation. I charged $1500 3. Residential Landlord tenant lawsuit from today. I normally only do commercial landlord tenant work. Tenant owed like $15k in back rent. (I did negotiate a settlement back in July on this where the Tenant paid back like $12k but then they defaulted on their rent for the next few months - had to remind my client that she did get more back than just the $9000 she won today) Tenant put on a lot of sob testimony about how terrible my Landlord client was, and she didn't fix the AC unit fast enough when it was really hot this summer. Got a judgment for $9000. I'm actually irate that the judge knocked off that much. I got $2500 |
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Date: December 5th, 2019 6:14 PM Author: sapphire thirsty mad cow disease mental disorder Wait explain 3. How did your client get a 9k judgment (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220725) |
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Date: December 5th, 2019 6:26 PM Author: Soggy bat shit crazy windowlicker It was a little confusing at first but it seems like the client is the landlord, not the tenant. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220776) |
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Date: December 5th, 2019 6:35 PM Author: bright shitlib My bad. Shitty writing on my part - I represented the landlord.
I’m mad because he rent owed was about $15k, but through some bad behavior by my client, the judge docked her $6k. I told my client to expect $2-3k at most. It was $6k |
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Date: December 5th, 2019 9:13 PM Author: plum round eye dysfunction You're a shitlaw natural! (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221488) |
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Date: December 5th, 2019 9:41 PM Author: bright shitlib ha.
I wrote this a few hours after my trial was over. I felt drunk from mental fatigue at the time |
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Date: December 5th, 2019 6:15 PM Author: sapphire thirsty mad cow disease mental disorder How did you know the two numbers to call for number 1 and how did you make them scram so easily (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220732) |
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Date: December 5th, 2019 6:37 PM Author: bright shitlib Numbers were on collection letter from some collection firm. They were nice I guess and even I was surprised by their quick turnaround. That said, my client had paid most of it off (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220835) |
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Date: December 5th, 2019 6:39 PM Author: Citrine cruise ship jap A couple years ago I beat down Midland Funding with hearsay and business records arguments. I got almost $20k in fees for defending a $1k credit card case.
They either didn't have or would't provide evidence underlying the assignments of the debt. They were just, like, "lol, trust us; the defendants debt was validly assigned." But they refused to settle or dismiss the complaint. |
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Date: December 5th, 2019 6:49 PM Author: bright shitlib Was that on a motion to dismiss? Good work.
They sent me literally a bill of sale signed by a midland dude in Minnesota, and an assignment of contracts by a guy at Citibank, a piece of paper with my clients name and account number, and a few months credit card statements.
In my email this week I asked if the Minnesota dude or the Citi dude handling the records would be attending trial.
Midland is a fucking scam company. Glad you fucked then |
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Date: December 5th, 2019 7:02 PM Author: Citrine cruise ship jap It was a post-discovery they-lack-evidence motion for summary judgment.
I don't do a ton of cases like that, but I have yet to come across an assigned consumer debt case where the assignment was documented properly. It could be that the assignee does have the records and witnesses, but they never seem to give them up. |
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Date: December 5th, 2019 7:06 PM Author: bright shitlib I wonder that too. Why even buy this debt if it’s not assigned properly. They literally could not give me the original contract or credit application. Even tried to tell me “we don’t need the contract to prove we own it” and “we are not suing on breach of contract” on an account they admittedly bought from Citibank
I guess they make so much from taking default judgments they they don’t care.
Midland should be mocked more on xoxo. |
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Date: December 5th, 2019 7:08 PM Author: hairraiser ruddy plaza Can laypeople make this demand against debt collectors like this? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220950) |
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Date: December 5th, 2019 7:08 PM Author: bright shitlib Sure (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220955) |
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Date: December 5th, 2019 7:10 PM Author: hairraiser ruddy plaza Will they take us seriously though? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220966) |
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Date: December 5th, 2019 7:13 PM Author: bright shitlib If you act like you know what you are talking about maybe
I had the benefit of being able to threaten them with statutes where I would get attorneys fees based on motions I wrote. I guess a lay person could do the same |
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Date: December 5th, 2019 7:16 PM Author: contagious fuchsia theater trump supporter FDCPA? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220994) |
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Date: December 5th, 2019 7:17 PM Author: bright shitlib I’ve never filed one of those and know very little about them. Someone else probably knows (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221001) |
Date: December 5th, 2019 4:33 PM Author: twisted vigorous school 180 but if u are doing hourly work for prowls that sorta sucks, i wld feel bad taking money from idiots, most ppl in the US has no money, even 500usd is a ton for them.. contingency is always way better, never have to deal with all that shit (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220310) |
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Date: December 5th, 2019 4:39 PM Author: bright shitlib I just did $200-250/hour. You are right, contingency would have worked out better, but my client (who sends me a lot more work that than every other month) asked me to cut them a deal.
the landlord tenant one I actually went way over the amount I charged preparing for the trial and going to trial, but oh well. I'm still MAF over the judge knocking off so much. I don't understand it either, but I don't want to appeal this one. Maybe a few K off, but $6000 over some AC unit repair on a large rental house that the tenant never lost a dollar over is some BS |
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Date: December 5th, 2019 4:46 PM Author: floppy demanding stage stain aren't you in GA? no AC is serious (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220349) |
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Date: December 5th, 2019 4:52 PM Author: bright shitlib it was hot as fuck in the time in question, yes. But the AC worked, per the tenant testimony. It was just weak, and my landlord sent out like 5 companies to take a look at it fairly promptly.
But lots of testimony about shit taht my client did that was kind of fucked up too, guess judge didn't like that |
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Date: December 5th, 2019 5:13 PM Author: twisted vigorous school fuk ive never done a trial and i imagine a landlord tenant trial is straightforward but i cld never do a fuking trial for 2.5k, i wldnt even do it for ten times that much, i wld need to know i have a chance at 250k to put myself through that bulshit (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220465) |
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Date: December 5th, 2019 6:38 PM Author: bright shitlib It was probably 4-6 hours prep time (on top of the work I did to squeeze $12k of the tenant a few months ago) - small claims so no real discovery
Just show up and shoot from the hip |
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Date: December 5th, 2019 11:23 PM Author: Exciting maize locale Lol at Tommy No Trial (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222209) |
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Date: December 5th, 2019 6:45 PM Author: Citrine cruise ship jap I've done some pseudo-contingency defense work for proles. In Arizona, there's a statute that permits judges to award fees in cases arising out of contract disputes. I bill my regular hourly rate to the client but agree that my sole source of fee recovery will be money paid by the plaintiff. Then I go apeshit on poor little debt collection lawyers. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220867) |
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Date: December 5th, 2019 6:16 PM Author: insecure gold nursing home rigor 180 man. I've done some really minor shit law appearances and letter writing (like code enforcement hearings) in the last few weeks for $300-800 a pop. Its just nice getting some random income in, and its often cash. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220738) |
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Date: December 5th, 2019 6:24 PM Author: hairraiser ruddy plaza Explain 1 further. What did you say on these calls? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220769) |
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Date: December 5th, 2019 6:30 PM Author: Soggy bat shit crazy windowlicker Debt on sale today for $0, one day only. Cancel it fuckface. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220802) |
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Date: December 5th, 2019 6:31 PM Author: heady amber deer antler police squad (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220807) |
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Date: December 5th, 2019 6:32 PM Author: hairraiser ruddy plaza Lmao (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220814) |
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Date: December 5th, 2019 6:36 PM Author: sapphire thirsty mad cow disease mental disorder (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220833) |
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Date: December 5th, 2019 10:43 PM Author: Painfully honest double fault (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221953) |
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Date: December 5th, 2019 6:41 PM Author: bright shitlib “Hey, my client paid her bill to you in full. We have records of all payments. Why is she still getting billed for more?” (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220854) |
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Date: December 5th, 2019 6:59 PM Author: hairraiser ruddy plaza Couldn't the debt collector just have easily shown you the bills which she didn't pay? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220912) |
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Date: December 5th, 2019 7:07 PM Author: bright shitlib Yeah. I lucked out on this one. Not a reflection on my skills in any way (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220944) |
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Date: December 5th, 2019 6:32 PM Author: Chocolate Dead Space Mad-dog Skullcap how did these people pay you? lump sum? payments of like $50 here and there? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220810) |
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Date: December 5th, 2019 6:40 PM Author: bright shitlib lump sum for 1, retainers for 2 and 3 and invoicing for the time I went over the retainer for both (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220850) |
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Date: December 5th, 2019 6:40 PM Author: Doobsian Cracking Dilemma 180 (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220851) |
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Date: December 5th, 2019 6:46 PM Author: bright shitlib By the way I’m most proud of #2. Got a $7500 lawsuit fully dismissed by writing a couple emails. Even better is that the plaintiff, midland funding, is a complete predatory shyster company (buys old credit card debt for pennies, then sues everyone for the debt, mostly get default judgments for 80% of them, then garnishes wages. Most defendants are poor people). They can suck a dick.
Also my client, a really sweet AA lady, literally screamed in joy when I called and told her the news, like she won the lottery. I don’t get many of these. |
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Date: December 5th, 2019 7:01 PM Author: hairraiser ruddy plaza You don't get to really "help" people in any other types of law other than shitlaw (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220917) |
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Date: December 5th, 2019 7:03 PM Author: Doobsian Cracking Dilemma (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220931) |
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Date: December 5th, 2019 7:13 PM Author: heady amber deer antler police squad (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220980) |
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Date: December 5th, 2019 7:18 PM Author: contagious fuchsia theater trump supporter How much prep did you put into the case? I.e. did your client give you docs and you looked at potential strengths and weaknesses or did you just shoot from the hip and fire off a bs email that worked. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221003) |
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Date: December 5th, 2019 7:25 PM Author: bright shitlib They had to file the contract that they were suing under with the complaint. They instead filed a bunch of affidavits of record keepers and a bill of sale from where they bought tons of accounts from Citi. No contract
I probably sent them 3-4 emails repeatedly asking for the contract. One time they sent me more credit card statements from years ago.
Then an exchange of two or so emails where I asked for the contract again, and they responded that they don’t need the contract to prove their case and all sorts of excuses why they wouldn’t give it up.
Then I spent about 45 minutes on Tuesday writing a mean email telling them the problems with their case, that they didn’t have the contract, asking if the guys who signed thr affidavits from their complaint filing were attending trial (literally a dude in Minnesota and a Citibank employee, neither were going to show up), and threatening some motions they would award me attorney fees if I won.
Total time . Maybe three hours over the course of two weeks |
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Date: December 5th, 2019 8:11 PM Author: contagious fuchsia theater trump supporter 180. How often do you get cases like that? How much money do you make in shitlaw? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221212) |
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Date: December 5th, 2019 9:40 PM Author: bright shitlib I don't do shit-collection law for my usual job.
only handled this kind of case a few times but this is the most pushback I've ever gotten from them. I was sort of second guessing if I was handling this right, being how sure they seemed they could prove their case with bullshit affidavits and stuff.
If I went solo, I'd love to partially market myself to fighting against Midland Funding. This was fun and they are horrible.
Today in small claims court docket call, a lady got up with about 75-100 Midland Funding cases, and they are on the docket call every time I go to that court. Literally 1000s of cases filed every fucking week, mostly against poor people (who did owe the debt to the original credit card company) who will never even try to defend against it and get default judgments. Potential goldmine if I did it right. |
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Date: December 5th, 2019 9:42 PM Author: contagious fuchsia theater trump supporter how could it be a potential goldmine. these people who arent paying their cc debts are going to pay you a thousand bucks to defend it? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221658) |
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Date: December 5th, 2019 9:54 PM Author: bright shitlib They pay their crim attorneys in cash too (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221714) |
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Date: December 5th, 2019 10:45 PM Author: Painfully honest double fault they can just get a new credit card or some shit lol (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221960) |
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Date: December 5th, 2019 11:28 PM Author: Exciting maize locale Why would they need a contract to prove their case? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222245) |
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Date: December 5th, 2019 11:31 PM Author: contagious fuchsia theater trump supporter If someone sued you claiming you owed them $1 million do you think they would need the promissory note or contract evidencing your agreement to pay them $1 million or do you think they could just get a couple of people with zero personal knowledge of the agreement who have never met you to lie on affidavits to say that you owe the plaintiff money and that would be enough? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222266) |
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Date: December 5th, 2019 11:39 PM Author: Exciting maize locale A credit card company doesn't need a written contract with you to enforce the debt. They have a quasi contract claim for an account stated. Assuming the assignment doesn't need to be in writing under state law, nothing should need to be in writing. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222306) |
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Date: December 5th, 2019 11:41 PM Author: Doobsian Cracking Dilemma You have to prove the debt (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222319) |
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Date: December 5th, 2019 11:46 PM Author: Exciting maize locale You don't need a written contract to prove the debt. A credit card statement and an affidavit explaining the assignment would do. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222340) |
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Date: December 6th, 2019 12:01 AM Author: bright shitlib This is what midland was telling me too
I still can’t believe that there is not a contract or at least a credit application filled out to get a credit card. I’m positive that every credit card has one. Especially for a poor person.
It’s obvious that these credit buying companies do not receive these when they buy the debt. They literally get a list of credit card accounts, names, balances due, and maybe some credit card statements for the card. Then some guy in Minnesota makes an affidavit about the purchase of thousands of accounts, probably robosigned too.
The affidavits are hearsay unless the person making it shows up to court. Also any bill of sale from the credit card company stating the sale of the account cant explain this away.
Any schlub they bring to court will have zero knowledge about the credit card, the terms, the interest charges, how the account was handled, if the account can even be transferred, etc. any midland witness will just rely on the hearsay affidavits filed with the complaint and have no first hand knowledge. It’s all bullshit |
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Date: December 6th, 2019 12:11 AM Author: contagious fuchsia theater trump supporter account stated may work for a no-show default judgment but not where the defendant actually contests the debt. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222469) |
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Date: December 6th, 2019 12:15 AM Author: bright shitlib I agree. Just because midland buys a bunch of accounts doesn’t magically allow them to bypass normal rules about hearsay, proving contract and debt, proving ownership of the debt, etc
The debt they dismissed for me was $7500. They went from “fuck you we can prove our case without contract” to dismissing it as soon as (literally 10 hours later) I pushed back on them with a motion to dismiss. Rather a threat of it, I never even wrote it. I’d imagine that if the system was favorable to them they would not have rolled over so easily. |
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Date: December 6th, 2019 12:19 AM Author: contagious fuchsia theater trump supporter 180. based on my googling it looks like an account stated cause of action works where the defendant does nothing to contest the debt. if you brought it to trial? hearsay left and right, no other evidence of indebtedness other than the statements. fuck i could mail goldman sachs a statement that i draw up and run to court claiming they never contested it so they have to pay me $10 million now. im betting zero cases per year actually go to trial on account stated. (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39222507) |
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Date: December 6th, 2019 12:30 AM Author: bright shitlib Midland Funding probably files thousands of new cases a month in every decent sized city. I read a wapo article about them that they typically get like 80% default judgments.
In Georgia they probably have tens of thousands of cases, as a party, probably more. Maybe in the hundreds of thousands. How many court of appeals cases are there in Georgia with them as a party? Two https://scholar.google.com/scholar?hl=en&as_sdt=4%2C11&q=midland+funding&btnG=
They are a fucking scam |
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Date: December 5th, 2019 7:09 PM Author: Spectacular senate back when i was doing a case for midland, I wrote up a repayment contract on a scrap of paper I got from the clerk and had the defendant sign it (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39220960) |
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Date: December 5th, 2019 7:11 PM Author: bright shitlib Lol
I would kill self if I did work for midland. No offense. If you don’t mind me asking, how do they pay local counsel? Percentage based on collection? |
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Date: December 5th, 2019 7:22 PM Author: Spectacular senate yeah, or set fee (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221015) |
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Date: December 5th, 2019 8:12 PM Author: electric cordovan psychic marketing idea Did you collect all the $ in advance (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221217) |
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Date: December 5th, 2019 9:08 PM Author: Arousing sadistic hospital skinny woman this is high quality GOOD GOY ethical law (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221460) |
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Date: December 5th, 2019 9:12 PM Author: Topaz corner 180 thread (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221481) |
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Date: December 5th, 2019 10:39 PM Author: contagious fuchsia theater trump supporter (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221932) |
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Date: December 5th, 2019 10:37 PM Author: Slippery stag film Shitlaw is 180 (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221922) |
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Date: December 5th, 2019 10:43 PM Author: contagious fuchsia theater trump supporter how much was this apartment/house that the tenant owed 15k? did they just not pay for a year? did the LL do an eviction? what is housing court like? did you have to write any motions? was the tenant represented? (http://www.autoadmit.com/thread.php?thread_id=4395521&forum_id=2#39221950) |
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Date: December 5th, 2019 11:51 PM Author: bright shitlib About $3k a month. Pretty big house in the burbs
They didn’t pay for about 6 months. We settled in like July and got my client about half of what was owed. Then they defaulted again.
Yes
It’s hilarious. Saw some other shitlaw trials today too
No motions for this one. Just showed up with lease and relevant exhibits
Yes |