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Everything posted by MysticRhythm

  1. So I finally have an update on my resolution. The attorney who took my case has gotten them to settle out of court and they will be dismissing the case with prejudice and requesting the account be removed from all my credit reports. They paid my attorney's fees and I recieved $1000 as the settlement. I appreciate all the help I recieved from everyone here so thank you all so very much!
  2. Met with the lawyer this afternoon and he has agreed to take my case. Will update with the outcome!
  3. Yes, it's been stayed pending arbitration. I appreciate your response. I did reach out to a local lawyer and he did respond that it does indeed look like an FDCPA violation, and has requested to go over the case docs to make sure. Thank you!
  4. Well I'm back. As expected, Midland has sat on the JAMS case and refused to pay the filing fee and JAMS is finally closing the file as of Feb. 26th. I've prepared my motion for sanctions and dismissal with prejudice. On a whim I decided to check the court website today on my case and now see that Midland filed a Motion for Summary Judgement against me on February 20th! Surely that will be thrown out by the judge since they failed to participate in arbitration as ordered by the court?! I can't believe they are even trying to get a summary judgement against me like this.
  5. Hello again all. I need your help again! Long story short, I showed up for my court date and was granted a stay pending arbitration. I promptly filled out the required JAMS forms, forwarded them to JAMS and the attorney for Midland, and requested that Midland pay all required fees to JAMS as per the credit card agreement they are required to pay all arbitration fees if I request so. It's now been over a month and Midland has not paid any fees, has not responded to my offer of a mutual dismissal with prejudice, and now JAMS is telling me that if Midland won't pay the fees that I wi
  6. Thanks very much all for your input, I appreciate the help immensely!
  7. I agree, I was not expecting this response at all. When I filed my answer with the court, I asked the clerk if we needed to set a date for my Motion to be heard, and she said no, to just wait until the hearing date that had already been set for September for it to be heard. So I guess I need to just go then and argue my case that I did not waive my right to Arbitrate, that I elected arbitration right after having been served, and that there has been no litigation to speak of like the plaintiff is arguing in their response?
  8. No, I've spent that year waiting to be served so I could file my answer and MTC. It took them forever to serve me, and used alternate service to do so, even though I'm a stay at home mom who's always home and I never had anyone come to my door nor any notice left until last month.
  9. Yes, my Affirmative Defense in my Answer was "Lack of Subject Matter Jurisdiction - the underlying contract contains a private arbitration clause which the Defendant has elected to exercise". I attached the credit card agreement to my answer as well.
  10. Ok, I filed my answer and my Motion to Compel a while back, and have just now recieved a response from the litigation lawyer. They are asking the court to deny my Motion to Compel by saying I have "waived my right to Arbitrate". Can anyone please advise?
  11. Actually I did do research, a year ago. In that time I've also had a severe downturn with my heath issues, two deaths in the family, and a couple other family issues so yes, it got put on the back burner due to other far more important things taking precedence. Also, I know exactly what I need to do. I simply asked for help locating a template for the answer I need to file with the court since I haven't been able to locate one for Texas. Thanks for your advice.
  12. I was finally served for this suit, almost a full year later! I'm overwhelmed by all the info here and wading through it all is making it even moreso to me. I know that I now need to file an answer to the court by filing an affirmative defense saying I want to privately arbitrate through JAMS. I can't seem to locate a template or example for this letter for Texas. Any kind souls out there who can point me in the right direction?
  13. Ok, so I was finally able to get copies of the papers. The letter that is referenced on the screenshot I attached in my first post is a letter from the court clerk to the attorney stating no service is on file and the case is still pending, and asking for an updated status or else the case will be set on the judge's dismissal docket. There is also a Declaration of Not Found filed with the court by the person charged with serving me the papers. I'm frankly angry because he states he attenpted contact at my home 11 times, and left a delivery notice each time. He also state my vehicl
  14. I see. I did look at many other similar debt lawsuits at the same court and saw many instances where after the citation was returned unexecuted they did serve using an alternative process and it states so clearly. Mine has no such entries regarding alternative service like the others. Will still go get copies from the court for sure. Thank you very much for the link... There are several in my area. I will certainly do so.
  15. If so, then I never recieved that letter. I have been religiously watching my mail since August of last year for anything else related to this lawsuit. I do, and yes it does say that I am being sued but not by them. There is actually no date anywhere on the letter, but I recieved it in August of last year. Again, I have been on the lookout to be served, and have never seen anything. I recieved it via mail, yes. I did not have to sign for it, it was just in my mailbox with everything else. I would have thought that I need to be served in person, or the citatio
  16. Hello all. I posted in here last August looking for advice as I recieved a letter from a law firm saying I may be sued over a debt by Midland Funding here in Texas. I had not been served with any lawsuit papers yet, and was advised once I was I could request arbitration thru JAMS and then file a motion to compel arbitration with the court. I recently got a notice from the court notifying me that I have a hearing on this matter set for May. I have NEVER been served with any papers about the pending lawsuit though, so I never got to request arbitration. I'm very confused... Can someone advise me
  17. Understood, and thank you! I'll sit tight and wait to be served I guess.
  18. Thanks so much Clydesmom! I appreciate it. I have another question - since I have not actually been served yet can I send a debt validation/dispute letter stating I'm electing arbitration via JAMS now, or is it too late for that? Thanks!
  19. Hello all, I'm in a bit of a panic as I received a letter today from a law firm (Heston Law Firm PLLC) notifying me a lawsuit has been filed against me (they are soliciting me to retain them to handle the matter). I know not to respond to the solicitation as they are only looking for my business. However I have never dealt with anything of the nature before and am unsure how to proceed. I have read through these forums somewhat but I feel like I'm over my head already with all the legalese, and we do not have the money at this time to retain a lawyer as I have health issues which are preven