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About keepingitsimple

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  1. 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?
  2. 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.
  3. Hey all, Would it be silly to fax Midland's attorney and offer a settlement prior to filing arbitration?
  4. 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?
  5. 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.
  6. 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?
  7. 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?
  8. I guess I'm just a little too worried. Everything you said makes sense though, so thank you for all the feedback
  9. Does getting permission from me or court depend on the courthouse itself? What makes WOP the same bc of arbitration? Is it because it'll be noted in the court docs, or bc they can't resell? I would think they would just keep filing over and over until I "give in".
  10. So if I filed AAA, would Midland reach out to me and ask me to settle, or would they ask the arbitrator what I would settle for? Would Midland automatically dismiss in prejudice, or is that something I need to tell them? From what I read, since they're the plaintiff, they can settle it anytime they want without prejudice. Even if they didn't come back for more, what happens to the debt?
  11. I do believe I have valid claims against them. However, if I didn't claim anything against them, wouldn't they just settle without prejudice, then file a suit at a later date? Whats your take on that?
  12. Well I'm definitely filing my own claims against them, I won't post the reasons here in case they're snooping. Especially after reading @fisthardcheese post regarding arbitration, there's no way I'm not doing that. Something else just happened. Yesterday, I received papers in the mail sent from midlands attorney for our case management hearing which was set for April. They sent it to me dated the day after we had our initial hearing where the judge granted my MTC arb. That case management hearing has since been removed from the court dockets and the next hearing isn't scheduled for another 7 months. Should I disregard these papers, especially since its no longer listed on the court docket? I wonder why they served these papers, were they thinking the judge wouldn't grant the MTC? And if so, then why not object to it? Very confusing.
  13. Ok will do. From what I've read, once I file for arbitration, I'm now the plaintiff and they cannot dismiss unless we come to mutual terms. If my terms are for my debt to be wiped away and case dismissed in prejudice, could they do anything about that other than object?