brianm

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Everything posted by brianm

  1. First and foremost, you MUST RESPOND. Read the following to help you with that: http://www.creditinfocenter.com/legal/ive-been-sued.shtml That being said, more often than not, including in my own first-hand experiences, they are looking for a default judgement and withdraw their complaint if you do respond. You will need to be prepared for court if they do decide to move forward, but don't let that discourage you. Look at the forums here and see how to defend yourself. If you are not comfortable with it, there are many sources on here for legal help and representation.
  2. What are the chances that they would refile? I also thought that I would be able to beat them in Magistrial court based on all the information that I had. I think my chances in the Court of Common Pleas is even greater. And where I live, I can elect arb at any time before judgement. So I'm going to hold that in my pocket. The reason is that they did not provide me with an arb clause in the signed contract that they sent, so if they object to it, I will be able to say that I was not aware earlier that I could elect arb. To be honest, I believe that I can get the "evidence" thrown out b
  3. Just an update for everybody. In true Midland fashion, they withdrew their complaint when it got near time to show up in court. I decided to try my hand in the court system since this was just Magestrial court, no matter the outcome, the judgement wouldn't have mattered if I would have appealed. I did not elect for arbitration because of that reason. Thank you everybody for your help and information. It definitely helped me choose a path to go on and if I would have needed to, I would have went the arbitration route when we got to the common pleas courts.
  4. @fisthardcheese I like you approach to this, however, I have been searching how/when to file a motion to compel arbitration for the magistrate level in Allegheny county, PA and cannot find any information on it.
  5. There is also a Survival clause that states: This Agreement applies even if Note has been paid in full, charged off by us, or discharged in bankruptcy.
  6. From what I have been reading, AAA will not arbitrate with Midland and NAF does not do consumer credit any longer. If that is the case, then according to the arbitration agreement "Arbitration shall be administered by the chosen administrator, but if administrator is unable or unwilling to administer the arbitration, then an alternate administrator shall be chosen by the party initiating the arbitration." This means that I would be able to elect JAMS as the administrator.
  7. Thank you, everybody, who is reading and posting back. OK! I had an opportunity to get the documents scanned, etc. This is the summons that I received: Summons_Redacted.pdf When I requested DV, here is what was returned to me: DVResponse_Redacted.pdf Here is the arbitration agreement (which they conveniently left out when they sent me a copy of the written agreement): ArbAgreement_Redacted.pdf @fisthardcheese - Please see the attached arbitration agreement and see what you think. As for filing the MTC, am I able to do that at the magestrial level? What are the chances that Hayt,
  8. Thank you for your reply. First, I was going to mention in my original post that I was aware that the likelyhood of me winning at the magestrial level was slim to none, so I am expecting to lose and then appeal. So I guess my questions are more for when I do appeal and get my day in court then. There is an arbitration clause in the contract, however, they seem to not have sent that portion of the contract when I asked them for validation. They did send statements along with the signed contract. I'm not sure if it is all of them or not. The other thing I wanted to mention was that thi
  9. 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? Hayt, Hayt & Landau, LLC 3. How much are you being sued for? $9,XXX.XX 4. Who is the original creditor? OneMain Financial, Inc. 5. How do you know you are being sued? Received summons from local District Magistrate 6. How were you served? Mail - Certified Return Receipt 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None 9. What state and county do you