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Everything posted by Intensivefire

  1. The last page they sent me says Stipulated General Judgement of Dismissal WIthout Prejudice which they want me to sign, makes no sense to me since in the agreeement it says dismissal with prejudice.
  2. Settlement Agreement and Release This Settlement Agreement and Release [the "Agreement'] is made this _ day of ___ 2020, by and between Defendant and Midland Funding LLC. WHEARAS. Defendant incurred certain debt related to a Synchrony Bank/ account identified by account number ~~~ [the "debt"] and Midland Funding LLC's account number ~~~ [the "Plaintiff Account"], WHEARAS Midland Credit Management, Inc. [MCM] services the Plaintiff Account on behalf of Plaintiff. WHEARAS, Plaintiff has filed a complaint entitled ~~~~~~~ and WHEARAS, the Parties hetero desire
  3. The first page says: Dear ~~~ Pursuant to your request, my client is oferring a dismiss to the above referenced case. Enclosed please find a proposed Settlement Agreement and Release along with a Stipulated Judgement of Dismissal. If the Agreement and Stipulation are acceptable, please sign and date where indicated and return them to my office.
  4. I will type it up in a bit excluding any personal info, thanks for replying.
  5. I just recieved a Settlement Agreement and Release from Midlands attorney. If anyone could help me out with this i'd appreciate it, i want to make sure im not screwing myself over.
  6. Well my Status Check Hearing was canceled and the date for the Motion Hearing was changed to more than a month from now due to the coronavirus. Hoping that my case gets dismissed before the hearing but thats wishful thinking. I did file a complaint through the CFPB to see what happens.
  7. Would showing up in person help my odds to get the motion granted? Im fully expecting them to come up with a crappy reason to object to the motion.
  8. Would that push them to dismiss just to not show up in court? Or would it just annoy them to get them off their lazy a$$?
  9. They just mailed me that they will file a Motion for Appearance by Telephone for my motion hearing. The reasoning for them is that they are more than 25 miles away from the court.
  10. 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.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $1,1XX.XX 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by
  11. Honestly all i did was turn in the answer, MTC, credit card contract and an affidavit to the court and sent a copy to the attorney. A few days later they dismissed the case. But FYI yesterday i was served again by Midland from the same attorney, they dismiss cases without prejudice.
  12. This is the one i used for my case, it talks about the arbitration on the last page. It states that if you ask they will pay the arbitration which is what they dont want. As for the MTC, i believe i used a template i found online. I will see if i can find the one i made tomorrow and send it to you. Synchrony Bank Store Card Account Agreement and Pricing Information.pdf
  13. From my understanding all you need to do is answer the complaint and in it stating that you will be seeking arbitration and then file the MTC. Once you do they should dismiss the case especially since your amount is much less than mine. Edit: Just realized you've been served by the same firm as me. They are just counting on you not answering to win. File your answer ASAP at the very least if your MTC isn't ready yet.
  14. Just to be clear, when i say "they" i mean Midlands attorneys. If you have any other questions just let me know.
  15. Once i filled my answer and MTC i got a letter in the mail saying they were going to file to dismiss the case at a certain date. The date came and the status of my case showed dismissed without prejudice. Just file your answer and MTC as soon as possible and you should be fine, they seem to only be interested in winning by default.
  16. I just got a letter in the mail from Midlands attorneys a notice of dismissal, supporting declaration, proposed dismissal and certificate of mailing. Im assuming they are offering a dismissal without prejudice. Whats exactly should i do next? This was after i filed my answer and MTC, i also sent them a copy of both.
  17. I just filed my answer and was able to waive the fee, asked the court clerk about the MTC but she didnt know anything about it. I'll try to turn in the MTC tomorrow and hope for the best.
  18. Thank you so much for the help i really do appreciate it, hopefully i won`t have more questions after this. Thanks again
  19. Getting ahead of myself a little here, once i file the MTC do immediately go to AAA or JAMS? Or do i have to wait and which one should i go with? On my answer should i deny the complaints or state that i dont know?
  20. I greatly appreciate the answer, im still working on the answer but im having some trouble with it and after that i need to try the MTC. I moved from PR to Oregon on October 2017. My question is, should i file my answer with the MTC together or first the answer and then the MTC seeing as im short on time?
  21. I just received the summon papers last night and its dated 17th. I have been looking around online but have no idea how to actually proceed with this. I would appreciate any and all help. thanks. s 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.) Gordon, Aylworth & Tami, P.C. 3. How much are you being sued for? $2695.14 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Walmart Synchro