shyneon

My advice would be don't believe a word Midland Funding LLC says on paper or in person and if possible keep all communication with them limited to letters (for your records). I recently had my case dismissed with prejudice when Midland Funding LLC got caught lying to the judge during trial. If Midland will lie to a judge during trial, they will lie to anybody before trial. The Consumer Financial Protection Bureau recently investigated Midland Funding LLC and Midland Credit Management and found they were (and in my experience with them still are) notorious for unethical and unlawful debt collection practices (here). You can file a claim against Midland Funding LLC and Midland Credit Management with CFPB if you suspect they are being dishonest in anyway, shape or form. Also, information for pursuing the arbitration route against Midland Funding LLC and other debt collectors could be found here:

@catlady22 and @Brotherskeeper you guys are awesome! Really, thank you for this! I will certainly do some research on the California of Civil Procedures and my court's rules and procedures on affidavits. If it wasn't for your help, I'm not sure I could have continued on the arbitration route because it started to become a little too confusing for me, but now I feel more confidant than ever, as everything is starting to make more sense. Thanks again guys. I can't express in words how much you helped me.

This is perfect. Thank you! Unfortunately my court's website (here: https://riverside.courts.ca.gov/) doesn't have an Affidavit of True and Correct Copy. I've contacted the court asking if they have a copy available and they have yet to respond. I also tried doing a Google search for one but they all seem so different and I couldn't find one for California. Do any of these look good?: 1. State of Arkansas County of ____________ I, ______[Name of Notary]_______, certify this is a true and perfect copy of the original document _______[insert type of document]______ presented to me on this ______ day of _________, 20___. Notary's Signature _____________ My commission expires: ___________ [Seal of Office] 2. State of Oklahoma County of ____________ I certify that this is a true and correct copy of a document in the possession of _____________________ Dated _________________ (Signature of notarial officer) (Seal, if any) Title (and Rank) (My commission expires: ) (My commission # ) 3. STATE OF FLORIDA COUNTY OF __________ On this _____ day of __________, ___(year)____ , I attest that the preceding or attached document is a true, exact, complete, and unaltered photocopy made by me of ______(description of document)______ presented to me by the document's custodian, ____________________, and, to the best of my knowledge, that the photocopied document is neither a vital record nor a public record, certified copies of which are available from an official source other than a notary public. (Official Notary Signature and Notary Seal) (Name of Notary Typed, Printed or Stamped)

1. Is there a sample letter for the letter we are supposed to send to JDB before doing the MTC Arbitration? I'm not sure exactly what to say. Do I just say "I elect arbitration to settle this dispute." sign and send it? Or is something more elaborate necessary? 2. Is there a sample/general affidavit for the credit card agreement? (I know some of these questions seem elementary but I honestly and truly have no idea what I'm doing am learning as I go.)

Harry, Thank you so much! I've read some of it and I hope I didn't mess up when filing my initial answer. I didn't mention arbitration in my affirmative defenses. I did however say, "Defendant reserves the right to amen and/or add additional Answers, Defenses and/or Counterclaims at a later time". Hopefully that was enough. But the link you provided is a gold mind of information. Thanks again!

Hey guys, So I was served by Midland Funding a few months ago for a Synchony Bank debt for a little over $1,000, and I'm scheduled to attend court next month. I've already responded to the complaint with a general denial. However, I haven't really done much during the discovery phase of the case. After lurking through this forum for a few months, I decided that arbitration would be the best way to fight (and hopefully beat) this case. My problem is, though, I don't know how to ask for arbitration correctly. I live in Southern California and have the credit card agreement (here: https://www.synchronybankterms.com/pdf/184-535-00.pdf). But I don't know what to do next? I don't know the steps to successfully seek arbitration in California. Can anybody help me?

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