keepingitsimple

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About keepingitsimple

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  1. Hi, It can absolutely work, especially if it's a company like Midland suing you. If it's the OC, then that's different since they have so much money to work with. When you file for arbitration, you file as the plaintiff and you do vaguely list your claims and amount you're suing for. If you go to the link I posted with the arbitration guidelines, it literally is as easy as that (especially if/when the judge grants the arbitration order). The reason they agreed to pay my fees is because I put them in a tough position. They had a few days left before paying for the arbitration which upfront would cost them around 2k, then its 1500 per phone call or 2500 for each in-person meeting, plus not to mention they would still have to pay their own attorney. Assuming upfront it was going to cost them at least 4k, the simplest solution for them was to pay my fee which is much less than their upfront, and take the loss and move on to to the next person.
  2. Just wanted to update everyone. I ended up winning by settlement. Had the case dropped with prejudice and Midland is paying for my arbitration + court fees. I'd like to thank everyone who pitched in with advice and helped me along the way. Most of all, would like to thank @fisthardcheese with their guide for arbitration. This is single handedly the only reason why I won so effortlessly. If anyone is in my position, please give the guide a look-see. Thank you again to every1!
  3. Just an update for the rest of the folks, Midland's attorneys contacted me as soon as they received word about me filing AAA. They want to settle before arbitration begins. Obviously, my terms are dismissal with prejudice amongst other things. Should hear back by the end of the week. Will notify everyone when I have another update available.
  4. Just FYI to anyone filing arbitration with AAA in California. You will need to include the entire card contract/agreement, and not just the arbitration section.
  5. awesome! I e-filed everything last night. will update the thread as things proceed.
  6. Hi all, I'm about to file my AAA but have a few questions. Here is the link to the form: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf Do I need to have the AAA documents I e-file served to Midland's attorneys, or can I just send them via certified mail? Also, on the AAA form it says briefly explain the dispute, I'm not sure if I'm supposed to put why we went to court, or what I'm personally disputing and my claims. It also says "specify amount of money in dispute", again is that what midland is asking for, or is that what I am asking for (court fees, etc.)? Do I mention in the explanation that Midland tried to sue me and that I asked for arbitration? Lastly, under the "business" section, I put Midland, correct? Not the OC (Citibank) I want to make sure I don't say too much or not enough. EDIT: I reread everything @fisthardcheese has in his arbitriation strategy and answered my own questions. However, I still want to be 100% sure on two things: 1. Do I need to file something with the court that they've been served or include service papers with what I send Midland's attorneys? 2. Do I need to print and file these copies with the court, or is it 100% out of the courts hands for now - only send copies to Midland's attorneys?
  7. You're right...I'll get it filled out today or tomorrow and apply AAA. I need to print the court order that shows it's going to arb.
  8. Ya, that's what I've been reading too. I guess I'm just going to go ahead and file the arbitration and wait to see what happens. Any advice on filing? I know not to state any of their claims and just write whatever I'm claiming against them, but I'm wondering if there's any specific verbiage or keywords I should be using?
  9. I wouldn't say it's making me crazy, but I do think at the very least, it will be an effort to settle, which I could use against them once arbitration begins (if they object). Their attorney knows the drill, and from her not objecting at all in court to my motion, all it says to me is she knows she'll get paid more once arbitration begins. However, I also don't want to give my cards away.
  10. Hey all, Would it be silly to fax Midland's attorney and offer a settlement prior to filing arbitration?
  11. hi @fisthardcheese and @Harry Seaward Yes, as I mentioned to Harry in a PM, I'm not looking to ask for anything crazy. I would gladly settle if this is dismissed WP and I get my court/arb fees back which is around $800. I want to dispute the debt in general as one of my claims and also file a claim that they may have violated FDCPA. Do I mention that I'm willing to settle in the AAA document, or is that something I should hold off from offering?
  12. ahhh ok, makes total sense! Thanks so much for all your notes. I'll go ahead ahead and file my AAA sometime between now and the next few days. I'm going to PM you to see what you think about my claim(s) and see if its worth claiming something or not.
  13. I see, well that would be nice. Also, what do you make of the case management papers they served me, the day after MTC was granted? It's no longer on the court docket yet they sent me papers for it. Was that done in error?
  14. All of that makes sense, thanks for writing all of that. So if this was dismissed WP, would that wipe away the debt completely, or does that simply mean they cannot ever sue again legally. I understand WOP would basically be the same, so I'm on the same page with what you and @Harry Seaward are saying. I guess my question now is, is the only difference between WP and WOP just them being able to take me back to court, or does it also affect the debt itself?