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Everything posted by GraysonBlues

  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?
  16. Thank you, Ryan! I just had my CMC. I woke up with no voice, so I set up the call and phoned in. The judge was sympathetic about my being sick, but otherwise no nonsense. She set a trial date, then advised that I speak with her scheduling clerk regarding setting a hearing for the Arbitration request. So I'll go ahead and do that. ETA: A couple notes, now that I've thought through things... 1. The judge seems extremely no-nonsense, yet fair. I read reviews that said she was 'robotic', but I got the impression she has her rules and regs for her courtroom, and you need to follow them precisely. 2. She seemed a bit annoyed that Midland did not file a CMS, while I did. No sanctions, but you could tell she wasn't happy with that. ETA: My hearing is set for 3/29 at 11AM. My pre-trial call is at the end of May, with a couple deadlines prior to that. So I have time to get my ducks in a row. Now, to prepare for battle...
  17. The interesting thing is for this courtroom there is this rule: ' Court Call Appearances: Court Call Appearances are allowed without prior court approval for all hearings EXCEPT: Trial Calls, Trial Readiness Conferences, and Order to Appear Hearings.' When I spoke with the clerk, he even told me people will call in all the time, I just need to be present in some form or other. ETA: It might just be safer to go down and state these vultures in the eye myself. With my luck, there would be tech issues, or something else precluding a smooth call. One more amusing thing: I received the CMS from Midland via mail, and they're totally lying about Meet and Confer. I've not spoken with these vultures in any capacity beyond sending the arbitration letter.
  18. I think someone's ears were burning at Midland. I just got word to expect a delivery via overnight UPS from them tomorrow. As far as tomorrow goes, I'm looking into calling in for my hearing due to my being sick these past few days. But otherwise I will keep your tips in mind (especially if calling in falls through and I have to go down in person in the morning.) Thanks!
  19. Thanks, @BV80! As an added note, I will be working for a few hours this afternoon. However, I should be home by 8PM my time if long/more complicated follow-ups are needed from me.
  20. Hello, everyone! I've been a lurker here for a while, and am happy to be able to post at last. Here is the required information: 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.) Jack H. Pogosian, Alec Weston Hankins, Kristy Gabrielova, Nichol Alan de Guzman, Hyo Jin Julia Jung 3. How much are you being sued for? 2844.87 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/CareCredit 5. How do you know you are being sued? (You were served, right?) In-person service 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Standard MCM letters 9. What state and county do you live in? San Diego county, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. When did you open the account (looking to establish what card agreement may be applicable)? September 2014 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). Case Management Conference tomorrow 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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? 30 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Standard issue from what I've read on other threads: Last statement from CareCredit, listing of charged-off accounts with info blacked out, MCM statements, etc. So I'm finding this interesting. Back after I was served, I initially thought about settling, then stumbled upon this forum. After reading, I decided to push back. I filed my general denial shortly after I was served, and in mid-May I sent Midland a letter requesting arbitration via JAMS (as per my account agreement). I haven't heard a peep from Midland, besides a letter saying the account was placed 'In Dispute' and they don't know why I'm pushing back. As stated above, tomorrow is my Case Management Conference. In my Case Management Summary, I stated that I wish to have arbitration, so I hope that's taken into account during the CMC. I did make one gaffe, however. Because I had not heard from Midland regarding my letter asking for Arbitration, I filed a MTC Arbitration. Speaking with the juedge's clark yesterday, he told me it will likely be rejected due to no hearing being scheduled. (It's still Pending with the court clerk.) One thing: Is it typical for Midland to not file a CMS prior to the CMC? They haven't filed a summary yet, and I want to make sure I'm not surprised by anything. If any more information is needed, please don't hesitate to ask. Thank you all for being here and being so helpful! GB
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