Brotherdale

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About Brotherdale

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    Houston texas

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  1. You guys are amazing! Thanks so much for taking the time to help me. I think I have enough to submit a strong argument. I will submit it and let you know the out come.
  2. New and Improved version thanks to @BV80 let me know what ya'll think. Breifing answer revised.docx
  3. Here is my answer. I kept it pretty simple. Please critique. Should I add another case or just use the one she used? @fisthardcheese @debtzapper @CCRP626 @BV80and @Linda7 if she is still around Thanks so much for your help and encouragement. I couldnt do this without you guys. Exibit a will be a copy of the green card. Breifing answer - Copy.docx
  4. The judges $1000 comment was in the context of the plaintiff being able to seek legal fees in arb or if I get deep into this and I don't get arb they may ask for huge legal expenses. Basically it felt like a push for me to settle with them.
  5. Thank you @BV80 I was thiunking along those lines, but you laid it out very well. I plan to write my response this evening and I will post it for some critique.
  6. I have the green card showing that the they received it, would that be enough? And she acknowledged in front of the Judge that she had knowledge of it and even had my MTC in her file.
  7. I received the brief for Midland today I am attaching it to this. I would appreciat all input anyone has. It seems that she is relying on the fact that I submitted my MTC but did not schedule a hearing. Should I have done that? I dont remember reading about people in Texas needing to schedule a hearing. I filed the MTC on Feb 23 and the Midland atty acknowledged that she received it, I also have the CMRR green slip to prove that. My initial thought is that I did not wait until "the eve of trial" to request Arb. 1) They were notified months in advance of my election of arb and raised
  8. @Brotherskeeper It doesnt read like that. It does say " Claims filed in small claims court are not subject to arbitration as long as the matter remains in such court and advances only an individual claim."
  9. He said that Midland and companies like them. Buy debt that the creditors don't want to mess with any more for what ever reason. I said after I received the suit I researched them and found out who they are. I have been giving it a lot of thought since then and if asked again I will tell him that I don't really like Midland and companies like them using my tax dollars against me (they filed more than 100 cases in my county the same week mine was filed). They use the court that my tax dollars pay for as their intimidation system. And it cost them next to nothing to do so. If they wan
  10. That article is very helpful. Thanks! i didn't even conduct discovery. I only submitted and answer to the suit. But the plaintiff said that because it contained a plea to the jurisdiction and listed special exceptions arb should be denied. I used the common answer that teasarocker reccomends. After telling her to write a brief he looked at me and said most law firms would charge $1000 to write a brief. He was really encouraging me to settle with them.
  11. Court today! Background: I had filed my original answer and a few days later I filed the MTC. In the court room I was the only defendant present this morning. The lawyer for Midland had 9 cases and there were 2 other lawyers it looked like each had 1 case. The clerk sent the lawyer and I out to talk. I just said Im not interested in settling. then back inside. The Judge was a fairly young guy early to mid 40s is my guess. I asked him if he had an opertunity to read my motion. He had not, he then read my original answer then my motion. He asked why would I want to go to arbitration.
  12. I am in Harris county and I just got my Court date for end on June. My case was 106 days old before I got the date. I am sure every county is different, but it took much longer than I expected. Use the time to study.
  13. I received from the Plaintiff a notarized copy of the same documents they sent with the original suit. Someone from Midland stating they are business records, blah blah blah. It is the Bill of sale and 1 statement with the balance. I did file the MTC but the language in my Card holder agreement is not very strong (arb can only be done if it is not in currently in small claims court) so I have low expectations for that. I am going to go prepared to claim that Midland did not comply with the CFPB consent order as they did not submit a statement with actual card usage, or the sign
  14. Kind of scary. I am sure JDBs are using this or will be to decide who to sue.
  15. Thanks for writing about your experience. My court date is coming up in the next few weeks. This is the kind of stuff I need to hear.