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GraysonBlues last won the day on December 12 2018

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    Ramona, CA

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  1. Don't worry. It happens to everyone. Let's be honest, this is a lot of information to wade through. Of course there are going to be times you make a mistake.
  2. After speaking with a few of you (including @fisthardcheese) I went ahead and dismissed the arbitration claim since the lawsuit was dismissed. Lo and behold, the new attorney reaches out by email to discuss the dispute. As the suit and arbitration were both dismissed and the debt is outside SOL for California, I informed him there is nothing further to discuss on this matter, and I would file a complaint under the FDCPA should Midland persist with pursuing it. Lets see if he leaves me alone.
  3. Before I was able to kick my case over to JAMS for arbitration I was in the same boat. I had no contact from Midland, even though at the Case Management Conference (California case) their lawyer said we had met and conferred. So it isn't an isolated case.
  4. Maybe the coffee hasn't fully kicked in, but this feels like a 'cut off your nose to spite your face' type of strategy. How effective might something like this be? And how tenable?
  5. Nope. Through this whole case I haven't heard a peep from Midland. It seems weird. I just got the email forward about the change in counsel this afternoon. I plan to call JAMS tomorrow and get an update. (ETA: went ahead and left a voice mail with the contact person for an update. I'll update here when I know more.) (Amusing note: the new firm is known for working with 'difficult' cases. Yay! I'm difficult.)
  6. Update: Midland has apparently retained new counsel, as per an email sent to me by JAMS. Should I be concerned with this?
  7. Hi, Banana! Neighbor way to the south (San Diego) here. What I found helpful was to Google the court your case is assigned to (like Department 69 for mine). Many courts in California keep pretty detailed websites, and you can find a lot of information by looking them up directly. If nothing else, you should be able to find a phone number for the judge's clerk. Speak to the clerk, tell them what you're trying to do, and they can guide you on what needs to be done and/or point you to where you can find that information. While general rules may be identical from one court to another, every judge runs their department in their own way. Learning what your specific judge requires is vital.
  8. Thanks! I have to say, that was fast. The JAMS packet was dated April 18, and I got it in the mail April 22, and now I hear the case was dismissed. Also, I can't find record of the case via ROA search. Should I be worried?
  9. DISMISSED!!!!! I hadn't heard a peep from anyone about the case, so I called the judge's clerk. He looked up the case number and told me the Plaintiff had appeared to dismiss the case. Whew!
  10. How's this for timing? I got a packet in the mail from JAMS stating they have accepted my arbitration case and have sent an initial bill to Midland for $1500. I'm assuming this isn't going to be this easy. It may be superfluous, but here is my plan right now. 1. Rewrite my MTC Arbitration on the proper paper with proper numbering, notation, etc. 2. Add the JAMS packet as an exhibit, show that I'm serious about arbitration. Per California CCP, I need to set up a hearing. The problem is the court system moves like molasses. Should I speak with the clerk, set up a new hearing, file an amended/updated MTC, and broach it with the judge at my pre-trial conference on the 10th? What would you all do?
  11. The good news is the original MTC that I wrote up was just the brief. (Silly me, I just it was the whole thing. Learn something new all the time.) So it's no problem to rewrite and refile the MTC and set up a hearing. With the pre-trial conference on the 10th, would I have to file a continuance or something of that nature? ETA: now that I'm home, I thought of a better question. Should I just focus on trial and ditch JAMS? I haven't done discovery or anything of that sort (nor has Midland been in contact with me), can I still send the CCP98 form without doing discovery prior to my CMC back in December?
  12. Sorry for the delay in replying, April was a busy month for me. My trial date is 5/31, and a pre-trial conference is scheduled for 5/10. Update: When I went silent, I went back and read my agreement with Synchrony, and I found a thread here on CIC about arbitration. I went ahead and submitted forms to JAMS to get arbitration rolling, and I heard from them last Friday that they would be contacting the involved parties. So what might I do should the pre-trial conference come up and this is still in contact mode? Do I let the judge know I am pursuing arbitration and provide a copy of the demand packet (if requested)? Would a revised MTC Arbitration be helpful/needed as well? Weird part: Midland has been silent about this. I've had no discovery requests, no contact directly from them about the trial...just crickets. Is that typical?
  13. So today was the hearing...and I botched things by not filing proof of service and not having the proper formatting for my motion. From reading the civil codes I'm not sure I can write them to comply, and this county has very limited legal aid for these types of lawsuits. (Legal Aid closed their consumer debt office, USD won't be taking new clients until June.) I'm considering handing it over to a lawyer, I just feel so stuck and discouraged.
  14. So just as an update, since December I have had zero contact with Midland. No case updates, no requests...just a holding pattern until my hearing, I guess.
  15. A few quick updates since my last post. First (and most importantly)...Yay! My voice is 100% back. That was an unpleasant experience. Anyway, back to business... As I said in my last post, the judge's scheduling clerk gave me a hearing date of 3/29/19 for my Motion to Compel Arbitration against Midland. With that, the previously held in limbo motion I had filed with the court was accepted, and a copy was served to Midland this week. So that's a load off my mind (I seriously thought I would have to refile). Now that that's settled and I have a few months to plan, what should I look for in preparing for the hearing? What kinds of tricks does Midland attempt to pull, and how should I be ready to fight them? Any other tips/resources to help?