Will you win? Anyone who has been sued by Midland Funding is faced with this question when deciding what they should do. Do you fight it – push the case to trial and hope to get a judgment in your favor? Or do you try and settle and throw some money at the problem and hopefully it goes away?
The people I meet with about their Midland Funding cases look to me for guidance in answering this question. The tough part, at least in Arizona, is that there is no consistency in the courts.
Two Cases. Two Different Outcomes.
Recently I had a unique experience with my Midland Funding cases in that I had two trials against Midland Funding on the same day. The opposing attorney was the same and Midland Funding had actually flown in a witness. This same witness testified at both trials.
The trials were heard by two different judges – but beyond that everything else was the same. Same evidence, same witness, even the arguments that I and the other attorney were making were almost the same.
The result? One case the judge found in favor of my client. The other judge found in favor of Midland Funding.
The results become even more bizarre when we throw in the different justice courts here in Arizona.
So Will You Win?
So will you win your case? You should – at least that is my opinion. The evidence that Midland Funding submits to the court should not be admitted into evidence. However, some judges don’t see it that way. And when the evidence comes in it makes it difficult to prevail in you case.
Because of the uncertainty that comes with litigation I always discuss settlement and even bankruptcy with clients before we even get started. That is not to say that you shouldn’t fight – there are just no guarantees when it comes to having your day in court.