I have not posted in a long time because the last two months I’ve been in discovery hell. Midland attorney Kaminski is “Partner and Chair of the Financial Services and Class Action Group” at Carlson & Messer LLP and he knows how to destroy me by continually wasting my time by creating CONFUSION and CHAOS with COUNTLESS emails.
I spent at least 35 hours since last Sunday trying to write a motion for protective order as they WEAPONIZED discovery and especially their right to depose me. My memory so failed me, I couldn’t even transcribe an email date and time to my timeline summary without looking at least twice. I can’t remember shit. Since the deposition is scheduled for Tuesday in Phoenix (500 mile round trip), I didn’t want to wait until Monday.
I also had bought some new webdesign software, but barely got started and with my memory issues, I have a really hard time learning. I’ll try again when I have some more time.
I’m definitely going to upload their discovery responses and the recent filings ASAP.
Today I got an email from Reveal News — a fantastic non profit with OUTSTANDING reporting. I love their podcasts on NPR, my go to station when I drive. I decided to complete their survey and as there was room for comments, I got carried away and figured I might as well post it here.
I wish I could send you money, but all I have is DEBT. If you ever want to write about our CORRUPT legal system, please do contact me. I’m in year 8 of litigation against the largest buyer of consumer debts, Midland Funding, pro se in Phoenix federal court. I was wiped out in 2008, Midland sued me for a charged off credit card and lost, then I sued them and their attorneys for illegal and abusive practices.
The little people are getting SO screwed in the courts!
I overturned TWO federal judges on appeal in the 9th circuit and hope to get to the jury “soon”. 61 years old and I think the litigation stress gave me Alzheimer’s, can’t remember shit!
I’ve also prevailed against another debt buyer on appeal in the AZ appeals court. They lie and submit unauthenticated documents and despite my objections, the lower courts always sided with the creditors / debt buyers.
Sadly, as consumer without attorney you NEVER win even when you prevail after years of litigation because you are NOT entitled to “attorneys fees” for your work.
This LACK of justice is a substantial reason for the “dog eats dog” mentality of the working people, the immigrant hating and racism. When people CONTINUALLY lose their money to the corporations who are never held accountable, with regulators who regulate nothing — what choice do people have?
They vent their anger at their kids, their spouses (I’m sure you’ve heard that most divorces are caused by financial probelms) and of course by immigrant bashing and open racism.
At http://creditlegislation.org/activists/ is one of my old reference forums where I documented SYSTEMIC credit reporting and scoring abuse in 2007. I documented at least one serious bug in the FICO scoring algorithm. I sent out press releases over the FICTITIOUS late payments in Equifax FICO scores, but nobody cared. I had submitted countless comments to regulators in response to their request for public comments. Nobody cared.
I documented my failed attempts to STOP the 2008 recession by filing complaints with the California Dept. of Real Estate over the totally FALSE and ILLEGAL mortgage advertisements starting around 2004 and to my horror I realized that they had STOPPED enforcing the law. I used to be a Cal. real estate and mortgage broker until the mid 90s when the requirement of minimum FICO scores put me out of business. I KNOW the laws and how they used to investigate EVERY complaint and came down hard on brokers who violate advertising laws until at least 1995.
I never heard what happened. “Someone” pulled the plug on California regulators to MAKE the recession happen.
And we’re very close again. Consumer debt is at an all time high. I pay about 25% interest on half my $36k credit card debt — and I have PERFECT credit, not a single late payment or any derogatory info. I owe so much due to the litigation, can’t pursue any regular work, and US Bank recently notified me that my interest rate would increase to about 25% because of my FICO score.
Elizabeth Warren was my hero during the financial crisis. She went after the debt collectors and established the CFPB.
We obviously need to get rid of Trump, get the now gutted CFPB going again. And we need to establish a federal consumer court division with special rules for unrepresented consumers, with judges who not only KNOW laws such as the Fair Debt Collection Practices Act and the Fair Credit Reporting Act, but APPRECIATE these laws. A special court like the bankruptcy division. Every federal judge I encountered despised me and all consumers, sometimes openly.
I try to create awareness of the issues on my blogs, but have had NO time to get all the filings up, have been in discovery hell for two months and now with my memory failing, I don’t know where this is going.
I’m determined to go to the jury. I don’t know of any jury trial in Arizona involving credit reporting and debt collection. It looks like the consumer attorneys are conspiring with the credit bureaus and collectors to settle cases for their legal fees and the consumers get next to nothing. Or maybe the consumer attorneys know that they wont prevail in the corrupt courts? Litigation is very expensive and solo practitioners likely can’t afford to put hundreds of thousands in legal fees on the line.
I’d love to publish so much more, and I could write a book, but everything is so incredibly complicated. I would need help to write so that “normal” people understand and don’t get bored. I’d love to see a documentary about our corrupt legal system.
It’s difficult to explain these complex issues and the average American has been so dumbed down. There are so many great Netflix documentaries, but so few people want to learn how things really work:
If I live through my litigation against Midland and my brain isn’t totally wiped out, I’d love to get more info out on all these subjects. If you are interested in any of these issues, I’ll be glad to provide more information as time permits.
Sadly, I don’t even have time to read many of your fantastic reports, but I’ve greatly enjoyed your podcasts on NPR while driving.
Keep up the great work!
The last 30 years I’ve lived to fight the corporations. I became a real estate broker because the agent who represented us in the purchase of our first home near San Francisco was an IDIOT. And getting the mortgage was HELLISH.
I specialized in representing first-time buyers with no or very little down payment. I wrote 18 offers for an Indian family. The work paid off, they got a great house. I was always up for a challenge.
Now that I’m old and apparently have early onset Alzheimer’s, I just hope that I can make it to the jury trial.
As you might have read in my previous posts, my last settlement offer was for $750k to me and $750k to a foundation to bring social and medical services to my rural community. It would have been so much fun to be able to DO something other than bitch and moan about the lack of services, people dying and not found until after their pets started eating them, the Kingman hospital kicking traumatized seniors out of the emergency room in the middle of the night — whether they can afford the about 60 mile cab ride home or not. They send seniors who live alone home without ANY regard for their safety.
I thought I could do something about this abuse with a foundation and the CASH to publicize this abuse. I realize now that this is not going to happen.
I will do ALL I can to get to the jury and to bring NATIONAL attention to the state of the American so-called justice system.
And I’ll start by going to paint outside now. Maybe some sunshine and vitamin D will help my brain. The weather has been STUNNING, and I’ve been sitting at the computer all day since Sunday.
Wish me luck!
I wonder if you were a CA resident and used the State Superior Court, under the Rosenthal FDCPA, would your case have better or easier success?
Absolutely. California is a much better state to be in than Arizona.
In Arizona they recently doubled the time a judgment is good for from 5 to 10 years, I think renewable indefinitely.
The SOL for credit cards was doubled from 3 to 6 years — you get the idea.
The state legislature is so corrupt, while we’re in a serious long term drought, they allow venture capitalists to export what little water we have by growing alfalfa, almonds, etc in the DESERT for China, Saudi Arabia, … The water is 100% FREE. They pay for the permits, drill and then they got unlimited and unmetered water.
You can’t make this shit up.
While I filed in justice court, all defendants filed their removal to federal court because I didn’t have state claims. Not to mention that our local judges are 100% business owned and anti consumer. Mohave County is infamous for corruption, and so is Maricopa County (Phoenix.)
I wrote a long “diary” type post last night, scheduled to publish if I don’t make if back from my depo in Phoenix on Tuesday. And I’ll try to get the recent motions uploaded before I leave. I am dealing with the most ruthless lawyers and judges, but I won’t give up until they kill me. Have to remember to update my will too, so much to do.