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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 will have to pay to keep the case moving forward. What do I do? We seem to be at a stalemate.
  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 vehicle was parked outside on 6 of the occasions. First of all, I'm a stay at home mom, I have never had anyone come to my door regarding this. Second of all, I ONLY park in the garage, so saying my vehicle was outside is an absolute lie. Thirdly, he says he left a delivery notice each time. Again, an absolute lie! Since they have nothing on file stating I've been served and it's set for dismissal, should I just sit back and let it be dismissed at this point?
  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 citation left with a household member, or left on my door, to be properly served. I guess not though. At this point I'm going to assume you are right, so I'll head to the court to get the copies of everything as you suggested. I'll take a look at everything and if I am considered to have been served correctly I'll proceed with filing an answer with the court, etc. I'll look into the possibily of the FDCPA violations as well. Thanks so much for your guidance, it's very much appreciated!
  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 how to proceed? Also, I decided to look up the case on my county's court site... I've attached a copy of the steps that have been taken thru the court so far. It appears they tried to serve me but failed. How can I have a court date set without ever having been served?
  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 preventing me from working at this time and we are already struggling to makes ends meet on my husband's income alone. Can anyone please point me in the right direction on how to proceed at this point? Do I just wait to be served at this point? Thanks so much. 1. Who is the named plaintiff in the suit? Midland Funding LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No idea, haven't been served yet. 3. How much are you being sued for? $4,xxx 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I received a mail solicitation from a lawyer advising me that a lawsuit has been filed against me. I verified this was true via a record search on my county court's website. 6. How were you served? (Mail, In person, Notice on door) Have not been served yet. 7. Was the service legal as required by your state? N/A 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Likely phone calls, but I don't answer calls from unknown numbers so I've never actually spoken with anyone. 9. What state and county do you live in? Texas, Guadalupe 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unsure, sometime in 2016 maybe. 11. When did you open the account (looking to establish what card agreement may be applicable)? Unsure, probably 2015. 12. What is the SOL on the debt? 4 years. 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 07/16/2018 Original Petition (OCA) 07/16/2018 Citation 07/17/2018 CITATION ASSIGNED 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, via Credit Karma's dispute tool. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Unknown; have not been served yet. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. N/A