TexasGirl8002
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Content Count
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Joined
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Days Won
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1 Follower
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*****Update I apologize for not posting the result. I did as @fisthardcheesesuggested and sent a respectful email explaining the situation. The attorney apologized and assured me that it was a mix up. I followed up with the court and verified the correct document was filed to dismiss WITH prejudice. I also checked my credit report and verified that it had been removed. Yay!
- 106 replies
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- mtc arbitration
- midland funding llc
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I have the email chain where we discussed it and copies of the document that I signed agreeing to a mutual dismissal with prejudice.
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Update**** I received a copy of the Motion to Dismiss in the mail from the Midland Attorney. They filed a motion to dismiss without prejudice (notice of non suit) which is NOT what we agreed on. What do I need to do to notify or correct with the court? Do I need to appeal? @fisthardcheese, @BV80, @WhoCares1000
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***Update Dismissed WITH prejudice!!!!! Thank you so much to everyone that helped me through this!!!! Especially @fisthardcheesefor your time and advice. Now that the case is dismissed, can I have it removed from my credit report?
- 106 replies
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- mtc arbitration
- midland funding llc
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Thank you! @BV80 and @fisthardcheese
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Do I need to wait to receive their Stipulated Motion to Dismiss and review before I send mine? Also, should I wait until my case in court shows a dismissed with prejudice status online before submitting my dismissal of the arbitration case? Or is the signed document agreeing to dismiss sufficient? I don't want to prematurely dismiss the arbitration case.
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***Update @fisthardcheese I received the following response from the Plaintiff's attorney: We will agree to dismiss the court action with prejudice if you agree to dismiss the arbitration with prejudice. If this is agreeable, please send over a proposed dismissal of the arbitration. We will get together an Agreed Motion to Dismiss for the court action. What is my next step?
- 106 replies
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1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm 3. How much are you being sued for? Approximately 6k 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank /Paypal 5. How do you know you are being sued? (You were served, right?) I was served 6. How were you served? (Mail, In person, Notice on door) Taped to the front of my door 7. Was the service legal as required by your state? Yes, It seems to
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Ok. I will do this and update. Thank you. 🙏
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***Update The Judge granted a 60 day continuance.
- 106 replies
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- mtc arbitration
- midland funding llc
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Thank you! @WhoCares1000, @fisthardcheese
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Ok. I'm ready! Also, if the attorney for the Plaintiff does not show up to the hearing, can I move to have the case dismissed with prejudice?
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Oops! Please disregard. I see your first sentence says, "What you do at the hearing,..."My apologies.
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Should I file a Motion for Continuance before trial date? Or just bring it up at the hearing? I have a few more questions. First of all, I am just now reading over the motion that was filed by the Plaintiff. If I'm reading correctly, it looks as if they are saying that I never answered the complaint. That is definitely untrue. Also, the copy was sent to me by email as well as a copy of the denial of the motion. However, the case online has not been updated to reflect that the motion was denied. Do I still need to file a formal opposition to the motion? I don't want to make any misstep
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@ @Clydesmom, @WhoCares1000, @BackFromTheDebt, @Harry Seaward, @fisthardcheese I'm not sure if I should: File a Motion for Sanctions or a Motion to Dismiss With Prejudice since this is the second time that Plaintiff ignored the order to arbitrate. Or should I abandon any hope of enforcing arbitration and prepare for a case?