Fighting credit bureaus, creditors and debt buyers

Case management hearing re. Midland Funding and Bursey & Associates

This afternoon we had the case management hearing and fortunately judge Campbell in Phoenix federal court allowed me to attend by phone as I live about 250 miles from Phoenix.

Judge Campbell had denied my motion for permission to file electronically and in our case management report I wrote:

The Court denied Baker’s motion to file electronically and she does not receive filings electronically. Baker does not receive snail mail at her rural residence 60 miles from her mailbox in Kingman.  It may be impossible for Baker to respond by the filing deadlines as she might receive orders and motions after the time to respond expired.

Baker requests:

a) that the Defendants’ attorneys email their filings instead of snail mailing them to her.

b) that her filings be deemed filed on the day of mailing as she recently snail mailed her statement of costs to the AZ court of appeals in Phoenix by priority mail and it took 5 days to get delivered.

c) that the electronic delivery of Baker’s filings through the ECF system constitute service to the defendants.

d) Baker does not know how she would receive the Court’s orders in a timely manner.

The Defendants’ attorneys did not respond to these issues and Baker requests that the Court ensure that she has the same amount of time to respond to filings and orders and NO additional costs while seeking justice.

I was thrilled when judge Campbell changed his mind today and allowed me to file electronically after all.

I’ll also file a motion for leave to amend my complaint because just today I found out that the Midland Equifax reporting for two accounts reverted back to the incorrect “high credit.”

I had disputed a few months ago and they corrected it. So now I’ll ask to join Equifax and I’ll have some questions for them.

I also just finished getting the requests for waiver of service of summons ready for mailing to Barry Bursey, Jason LeRoy and Monica Derrick, the 3 attorneys at Bursey & Associates who are named in my complaint and are not represented yet.  Bursey & Associates, P.C. waived service and is represented now.   I also named Gina Scalese, the Bursey paralegal who promised to email me their filings and then they snail mailed them and caused so much stress because I only get my snail mail every few weeks.

FYI, they sued me for an old HSBC chargeoff and my motion for summary judgment was granted because the SOL was up.  Now they claim that the justice court decision was wrong and that Midland made the “business decision” not to appeal.

Funny thing though, Bursey asked for an extension to respond to my motion and then did NOT respond at all.  Hmmm, another business decision by Midland?

Can’t wait to get some answers and am SO tired of the lies. 

Before I work on my discovery requests I have to respond to a filing in my Acarta case and request to join Equifax to the Midland case and amend my Midland complaint. This sure is a ton of work, but I’m totally fed up with lawyers belittling my damages and I already regret that I offered to settle all claims for $20,000 “now.”  Considering the work and STRESS I had in justice court and now we’re looking at FCRA claims too, $20k is nothing.

As soon as I’ll catch up with all the court work I’ll start posting the filings, case law, etc.  I already installed the forum software, just have to get to it …

I’m also currently working on complaint to the Consumer Financial Protection Bureau (CFPB) for a client who sued Chase, Equifax and Experian.  A lot more on that coming soon too.

Ultimately, I’d like to see some changes in the FDCPA with regards to debt collection litigation to prevent how consumers are (mis)treated by collection lawyers in the courts and I hope to get some donations for press releases.   After years of defending myself against debt buyers and 4 lawsuits by Capital One, I’m broke, but NOT broken.

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