MK_Dons

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About MK_Dons

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  1. UPDATE Had the preliminary arbitration meeting by phone and Midland is pushing for resolution by dispositive motion. I am preparing my reply to its letter stating my case that in the interest of protection of the process, we need to have an in-person hearing. Anyone have experience with opposing resolution by dispositive motion? Thanks!
  2. Update 5/31/2018 AAA granted the extension and Midland sent its Answer and Counterclaim on deadline day. I've attached a redacted copy of the document for reference. Basically, Midland is rehashing the claims it made in court, and is still pushing that I had the names in the wrong order on the original arbitration form. It is also looking to get relief from its court fees and costs associated with the arbitration case -- in addition to the amount it claims I owe. I am in the early stages of looking at my options. As far as I can see, I have 14 days to answer the countercl
  3. ***UPDATE*** Wanted to post an update for everyone in case it helps your case -- and ask a few more questions. The court granted my motion to compel arbitration, and stayed the summary judgement. The court date was canceled and the order was given to arbitrate. That was on March 8, 2018. I had already started arbitration proceedings as I originally sent Midland my notice to elect arbitration in February. AAA sent its correspondence in late April and set a deadline of May 10 for Midland to answer. Midland asked for dismissal on May 8, stating that I did not file properly be
  4. Well, the judge's order came down today. He ruled on both the MSJ and the MTC. It went in my favor. He ordered both sides into arbitration with AAA, and everything is stayed until the results of the arbitration. I know this is not the end, but I feel much better now. How long should I wait before sending them a settlement letter asking for everything to be expunged, dismiss with prejudice and no 1099C? Anything else I need to be aware of? I already filed with AAA and paid my fee as well. Just wanted to sincerely give you thanks. My family will be in a much better position
  5. Well the court heard both the Motion for Summary Judgement and the MTC. Plaintiff did finally file a memorandum in opposition to my MTC. It wasn't served to me properly and it wasn't in time, but I was ready to defend letting the judge know the plaintiff was not following Minnesota statutes, so they presented orally. Plaintiff argued I was not acting responsibly because I waited too long. The contract clearly states both parties can elect at any time, even if litigation is in process. They also said they would be unduly prejudiced as they would have to pay for arbitration fees, in additi
  6. Thanks, everyone. Midland did not file any opposition. It's almost like they are assuming I just won't show up and are not paying attention to the case. I will keep this on the top of my talking points. I did send a completed stipulation to the lead attorney and offered to file it. Still haven't heard anything.
  7. Thanks for that advice. I am going to propose a stipulation with Midland's attorneys in granting me leave to file my opposition after the deadline has passed. That way there is at least a record of me trying to say I made an error, but I'd still like to respond. I will be surprised if they agree to it, but we will see.
  8. I know it is not ideal, but Minnesota law generally favors leniency when it comes to timely filings. I will argue for resolution on the merits of the case. And will file my written opposition tomorrow via e-serve, after combing through their evidence. This may help: And Howard v. Frondell
  9. Thanks for the reply. Agreed, but it was clear the judge was not going to grant a default judgement since there already was another hearing date scheduled. That was an easy way to give them the benefit of the doubt and "let them slide". In MN, a response to a motion for summary judgement needs to be filed nine days before the hearing -- the hearing is in less than nine days. So the MTC will be item one on the agenda. Assuming it is denied, my assumption is I will have to layout my disputed issues of material fact at the hearing itself, correct? I've read multiple arguments agains
  10. First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hear