matahari

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About matahari

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  1. UPDATE: Hi guys, just got back from settlement conference/hearing. Got a different lawyer this time who was a complete dick. He basically said he/Midland rejected my counteroffer and were ready to move to arbitration. I said ok. He then said it was going to be very expensive because they were going to pursue arbitration costs as well as lawyer fees. I said ok (lol). So we had a hearing with the judge who chewed out Midland's lawyer saying "*Matahari* had already paid the filing fee 2 months ago and your client has yet to pay the filing fee. Has Midland said they were going to pay?". Dick-lawyer said something along the lines of he didn't know.. he has to get back with them.. yada yada. They filled out a dismissal form and the case is now dismissed without prejudice and in arbitration. While we were waiting to get copies of the dismissal order, the lawyer then tried to get me to dismiss the arbitration case again.. I was firm in that I wanted my $250 back and then I will dismiss. He said no. So that's where it stands now. My question now is.. It's dismissed in the court, Midland wants to drop the arbitration case.. What are the chances of Midland following through with this arbitration? Has anyone ever had any success with getting Midland to pay their filing fees in exchange for a dismissal? I could really use my $250 back but am willing to drop it if it means this entire thing goes away since the case is now dismissed in court. Would appreciate advice and input. Thank you all
  2. I wanted to add that the language of the arbitration clause in my contract states "Either you or we MAY, without the other's consent, elect mandatory, binding arbitration for any claim, dispute or controversy between you and us." When I was at the motion hearing, the lawyer tried to weasel out of arbitration saying that the language says you/we MAY elect..I guess implying it's not an absolute. But I already filed with JAMS and paid the fee, did everything the court wanted me to do, so I'm hoping for a good outcome!
  3. Hi all, just wanted to update. So I sent in the response like fisthardcheese suggested and still have not received a response. I have a settlement hearing this Wednesday. I'm a little nervous, but I think I have the upper hand since I have complied with everything. Will keep you guys posted.
  4. UPDATE: Fantastic news!! I have received a letter from Midland's attorneys offering to dismiss without prejudice!!!! I am beyond elated!!!! I have attached their Stipulation to Dismiss here. They also included a letter (just basically saying if you agree, please sign and date and send back to them) along with a proposed order. Ideally, I would like my $250 back and a dismissal with prejudice.. but I will certainly accept a dismissal without prejudice if it means I would only recover my $250. What do you guys recommend? Thank you so much everyone!!!! This place has been a godsend, I have no idea what I would have done without the wonderful, selfless people on this forum. Especially @fisthardcheese @Brotherskeeper
  5. UPDATE: So I have paid JAMS fees and submitted proof via email. The clerk/judge accepted it and now waiting for Midland attorney to submit their fee. The motion hearing from earlier last month was dismissed by the judge before I even showed up to court since I submitted proof that I filed for arbitration. Unsure what I am supposed to be doing now and it's really not clear if I have a granted order or not. Kind of worried that the hearing date is inching up and the attorney will argue that they can't/don't want to arbitrate and judge will rule in their favor? Since there is not an official order yet that I am aware of.
  6. Ok makes sense, I will just pay the $250 then. Perhaps I can negotiate Midland paying my $250 back if they try to settle.
  7. @Brotherskeeper @Harry Seaward Ok! So I will try sending out a certified letter to Midland's attorney asking them to pay the fees and will let JAMS know. At least it will put the ball in their court now.
  8. So I actually met with the court clerk today and she basically told me that once they receive confirmation from JAMS that they have received my case (i.e case number and such), that the case will most likely be dismissed without prejudice. I asked if it could be stayed pending arbitration and she said usually it's dismissed since arbitration is binding...? She told me to call her number once I receive JAMS confirmation and I will most likely not have to show up in court on Wednesday since it will probably be dismissed without prejudice. She didn't ask for proof of filing fees. I did receive an email from JAMS today asking for $250 filing fees - "I am in receipt of your demand for arbitration concerning the above referenced matter. In order to proceed, I need to receive the $250 filing fee on your behalf. This is the only fee that you will be required to pay, all other fees will be covered by Midland Funding." @Brotherskeeper I did not put fee reimbursement in my motion as I was unaware I had this option. Given the circumstances, I'm unsure how to go about asking for fee reimbursement at this stage in the game since I already filed my motion and will likely not get another hearing according to the clerk. Would it be reasonable to ask JAMS to pay my fee after Midland pays theirs? (which we know won't happen - $1500 for them 😂) I guess worst case scenario if I have to pay $250 to get out of this situation I'd be ok with it.
  9. UPDATE: I filed with JAMS- sent out the paperwork yesterday and sent copy of JAMS paperwork to JDB attorney certified mail. Did not send filing fee. @Brotherskeeper I don't think I will qualify for the court waiver fee unfortunately :/ would be a stretch for sure. I did read fist's arbitration guide, but it kind of tripped me up cause AAA says on their website that the filing fee is due at time of filing or else you have to file a whole new case. The initial motion for arbitration hearing was adjourned until next Wednesday (12/19) for me to file for arbitration, so now just awaiting the hearing and will update this forum accordingly!
  10. Hello, First off, I would like to thank you all on here from the bottom of my heart. I have learned so much from this forum and it helped me get through the fear and shock that is getting sued by a JDB. I have learned so much. Here is my info - 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) No firm, it's a single attorney handling this (can provide name if necessary) 3. How much are you being sued for? $1340.83 plus interest, court costs, attorney fees (works out to about~$2300 per the attorney) 4. Who is the original creditor? (if not the Plaintiff) Citibank (Best Buy) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? I think so 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Some letters, many phone calls 9. What state and county do you live in? Southeast Michigan 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/2014 11. When did you open the account (looking to establish what card agreement may be applicable)? 7/2014 12. What is the SOL on the debt? To find out: 6 years I believe for Michigan 13. What is the status of your case? Suit served? Motions filed? I submitted my answer to the Summons and Complaint (with the help of this forum!!) essentially denying all their complaints, listed arbitration as my first affirmative defense and filed a motion to compel arbitration and to stay proceedings pending arbitration 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes - collection agency; I don't think I did it for the OC 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'). Not an official DV letter, but I did do a dispute with the credit bureaus (which in hindsight was probably a huge mistake because I'm thinking it is the reason why I got sued) 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Two account statements, three pages of account contract, Midland affidavit, one page of bill of sale of a "pool of accounts" from Citibank to Atlantic Credit and Finance along with affidavit, Certificate of conformity, Bill of sale for "purchased accounts" from atlantic Credit and Finance to Midland Funding, Page of supposed purchased accounts essentially blank but what looks like is supposed to be a ledger with the first line blacked out, Affidavit of transfer of accounts, certificate of conformity and the record of the last payment I made ___________________________________________________________________________________________________________ I can provide my answer to the summons and complaint and my motion to compel arbitration if you guys want. So I went to court yesterday for the motion hearing, of course had to get through Midland's lawyer trying to get me to settle and lying about how expensive arbitration is. He tried to tell me the cost would be split between us. I said nothing cause I knew it was a lie. He was a very good talker and I'm glad I did so much research on this forum cause I knew I would have folded if I didn't know better. When we got in front of the judge, the judge was very skeptical also saying it was expensive and took a long time. He asked me again if I was sure I wanted to do arbitration, I said yes. From what I understand, he didn't necessarily grant the motion YET, he told me I have to file first and come back in 2 weeks? I was reading the arbitration clause and it says I have a choice between JAMS and AAA. It also says: "Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm." .....Maybe I'm over thinking this but I would interpret that to mean I have to pay for Midland's filing fees too since I'm the one filing for arbitration? Here is the language of the Arbitration clause in the Best buy card agreement: So what do you guys think? Also, should I choose JAMS or AAA? Should I send in the filing fee with the consumer demand form or wait for them to ask for payment? Thank you again guys, you don't know how grateful I am for you all taking time out of your lives to help people like me!!