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About Luzbella

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  1. @BackFromTheDebt sorry I haven’t had a chance to reply with an update since my court date. Long story short the case was dismissed since the plaintiff was a no-show. Long story is there were about 10 other defendants who had had lawsuits filed against them By Midland funding scheduled to appear on Thursday. The clerk very kindly explained to those of us that did show, that if Midland did not send a representative, the case would be dismissed. It was a pretty nerve wracking hour, waiting and hoping that they wouldn’t appear at the last minute. When we were finally called into the courtroom there were further delays as the clerks and judge got settled, but in the end, all cases with Midland were dismissed. There did not seem to be a good opportunity to approach the judge regarding dismissal with prejudice and she had been quite feisty with another case so I was hesitant to speak out of turn. I also had no opportunity to mention that my case file already had a discontinuance within but we were all given a document signed by the judge with the dismissal information for our records. Since they originally filed the suit in 2017, I’m cautiously optimistic that they won’t bother to file again and actually serve me this time around. If they do, I will come running back to this forum for the invaluable advice. Thank you again for your help in explaining my situation. I know I was one of the lucky ones but I was completely clueless going into this, so I really appreciate your responding to my concerns.
  2. @BackFromTheDebt this is amazing and so encouraging. I’m so incredibly grateful! I was getting really lost and confused but you truly have done a wonderful job simplifying things. I’ll post after Thursday to let you know how it all goes.
  3. @BackFromTheDebt thanks for your guidance. I did look up the agreement. It is dated 2019 which is not what I would have signed back in 2011. There is an arbitration clause but I don’t understand what it states in regards to small claims. I can keep reading into this though. As for Thursday, what can I expect may be the possible outcomes and how should I respond? I have no idea what I am walking into or what to expect. If I am looking into arbitration, does that mean I should ask for the discontinuance to be reversed? Or that the case not be dismissed? Or should I just let things proceed without interruption and wait and see if they file again? I am worried about the latter option since I was never informed the first time around and I don’t know that I will have adequate time to get my answer or WTC in order. Basically, I’d like to know how Thursday is expected to play out. thank you again for taking the time to discuss, I really appreciate it! Standard_Credit_Agreement.pdf Addendum_to_Standard_Credit_Agreement.pdf
  4. Thank you for your response! The original creditor was Barclays. The court date came from the Civil Court. I don’t see mention of small claims anywhere in the summons they had on file and the postcard from Centre Street. The amount they had sued for was a little over $1,000
  5. Please help. Yesterday I received a notice that my court date was being changed to this Thursday. This was my first notice that I was being sued by Midland Funding LLC. I spent all night in these forums trying to figure out how to answer when I had never received a summons or complaint or any communication from them whatsoever. This morning I went to the court to file an answer (it was too late to do so) and long story short the case is being brought up for dismissal on Thursday since apparently it’s been sitting there for over a year. I made a copy of my case file which included the summons (which again I never received) and a discontinuance from midland’s lawyers. The discontinuance says without prejudice and without fees to either party. My question is what can I do when I return on Thursday to make sure that they cannot sue me again. The statute of limitations is up next October 2020, and I want to be able to sleep at night.