grace0919

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grace0919 last won the day on June 13 2015

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About grace0919

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    Michigan
  1. I have just consolidated my student loans I have my son that just graduated this year. I am on the income based prepayment plan and my payment is $12.90 monthly with auto deduct. I applied for a mortgage yesterday and on my credit report they have my payment listed as $422.00 a month is this legal according to the Fair Credit Reporting Act. Thank you
  2. @debtzapper I felt that I had them cornered because they brought the suit on me and with arbitration being an option in the agreement. Further it being compelled by the court to arbitrate. Also in a previous hearing I had mentioned in court how Midland files motions or judgments hoping to get a default judgement and they have had multiple class actions lawsuits for their robo signing of affidavits. Plus a article I printed from Midlland"s site where Midland put out a memo to all employee's that stated a case from the Michigan Court of Appeals that ruled that a statement is no longer enough pro
  3. Thanks @fisthardcheese I will keep an eye on credit reports because Midland employees are snakes and liars.
  4. I know me too, but I had no info to argue the point in court today. But will certainly research.
  5. Went to court this morning on my motion to dismiss. It was dismissed with prejudice and Midland has been ordered to refund my $250.00 payment to JAMS within two weeks. Midland claimed there are too many federal regulations to have the CRA tradelines removed. So the Judge said I could send in a copy of the dismissal order and they would have to remove the tradelines.
  6. Exhibit B was the initial paper work I downloaded from the JAMS site. But know that the Judge did ask if the fee was paid so make sure you make your initial fee payment and have proof when you go to court. My proof did not come back in time for the court hearing so the Plaintiff did call JAMS to make sure it was paid. If you didn't receive anything back prior to hearing to compel arbitration call and have an email sent saying the fee was paid. http://www.jamsadr.com/neutrals-search/Here is the link for the initial paperwork. Click the print icon, fill it out and send in with initial fee. Then
  7. Below is the advice of an attorney: You should file some a motion with the court moving to dismiss the case WITH prejudice for intentional lack of prosecution. You would attach their email to JAMS, and request sanctions in the form of your filing fees with JAMS. The indication that Plaintiff does not intend to proceed with the arbitration, violates the order to go to Arbitration.
  8. @mrswylie Are you planning on going the Arbitration route. Also did you get served a summons and did you file an answer?
  9. The case was court ordered to Arbitration with JAMS. My fee was paid and collection attorney has not paid their fees. This was in April 2015. They sent a email to JAMS and myself stating: Please be advised, that the Plaintiff will not be participating in the Arbitration. The case was Dismissed in the court. We will be closing the file accordingly on June 12, 2015. The case was not and still not dismissed. A violation of FDCPA 15 U.S.C.Section 1692(e); Section 807 (A) False or Misleading Representation. (2) The false representation of-- (A) the character, amount, or legal status of a debt
  10. This is my email that was sent to Midland attorneys today: Good evening, I received or order in the mail today. I will agree and sign an Order for dismissal if he order includes the following: Reimbursement in the amount of $1000.00 this includes fee paid for arbitration, postage fees, time off work for court appearances.Removal of all CRA tradelinesDismissed with prejudice
  11. Thank you @fisthardcheese waiting for the letter and then i will give them the proposal.
  12. The latest on the case. Sent email to MIdland asking how the case was dismissed. Never received a reply. Sent another email that included a copy to Jams moderator. Received one back today that stated: Good morning, Upon further review of the case file with the court, I found that the District Court case had ‘not’ been Dismissed. I will be sending Ms. xxxxxx a Dismissal for signature. Sorry for my delayed response. Thank you, So not sure if their intention was to not dismiss but really don't trust them. Waiting for letter to dismiss and to see how it is written whether or not I should
  13. Should I wait til I have confirmation from the court that the case was dismissed before I file anything?
  14. Fisthardcheese, Thank you for all of your advise and knowledge, I will definitely take your advice and will speak with a consumer attorney. KNow to look into how to file a motion for sanctions next on my list.
  15. I have an order that states: "Defendants motion to Compel Arbitration, or in the alternative, Stay the case and Compel Arbitration be granted in part. The court grant's Defendant's motion conditional upon confirmation that the case has been submitted to Arbitration with JAMS for case resolution". At the time I had paid for JAMS but was not in the system with a coordinator yet. But the Plaintiff's attorney did call JAMS the day of the hearing and was told they received my payment. On the court site the last entry states " Defendant's motion to compel Arbitration entered".