Csimp

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About Csimp

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  1. Thank you for the advice! If they don't agree to the dismissal should I tell them that they have to be the ones to initiate arbitration? Was I suppose to mail them a copy of the order that shows my MTC was granted or does the court do that?
  2. My MTC arbitration was granted by the judge on 10/21/2020 because Midland Funding didn't show up to court. So as I was reading the Wal-Mart CC Agreement on how to start arbitration I believe it states that Midland has to start the arbitration process. Here is how it reads. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. What do you think? Do I start the process or does Midland? The signed order by the judge does not mention who has to initiate it nor does it give a time frame to start the process by. Also, the judge mailed me a copy of the minute order & order granting my MTC, do I send a copy to Midland? Thank you! @fisthardcheese
  3. Hi...Thank you for responding. Here are the orders which does not say who initiates it. It doesn't say much of anything. Minute Order_Redacted.pdf Order_Redacted.pdf
  4. Hello Group, My MTC arbitration was granted by the judge because Midland Funding didn't show up to court. So as I was reading the Wal-Mart CC Agreement on how to start arbitration I believe it states that Midland has to start the arbitration process. Here is how it reads. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. What do you think? Do I start the process or does Midland? I also attached the entire agreement for reference. Thank you All! WalmartCreditCard.pdf
  5. How long do I have to serve the JDB by mail after filing my MTC in CA? Also, do I serve the JDB or the attorney? Was I suppose to attach a blank POS to my MTC? Thanks!
  6. I filed my MTC and points & authorities and declaration yesterday. How long do I have to serve the JDB by mail in CA? Do I serve the JDB or the attorney? Was I suppose to attach a blank copy of the POS to my MTC? Thank you!
  7. Yes, I look at least once a week online to see if anything has happened with the case & nothing has changed. I did get a phone call from them after I filed my Answer and they wanted to see if I wanted to set up payment arrangements. I played dumb saying I knew nothing of the debt because I was scared they were trying to trap me in to admitting something.
  8. I filed my answer to a summons I received from Portfolio Recovery back in May 2020. Nothing has happened since then. What should happen now? Is it over?
  9. A man came to my house to serve me a summons from Midland (debt collector) and did not ring the doorbell or knock. My dog started barking at the door & I thought it was my son coming home so I went & looked out the window & saw a stack of papers on my walkway. I opened the door & saw a man getting into his car. He saw me too & sped off. Is this legal? Is there a course of action I can take against them?
  10. Why did you dispute the account? Because I wasn't sure if that account was in fact opened by me. I still do not believe it was. It was originally a Synchrony account and at the time I had two others with Synchrony. After requesting my credit report and seeing that I had 3 opened with Synchrony I disputed this one. It had been awhile and I was in the process of moving and simply asked them to prove it. They never did. Do I even have a chance at winning with Portfolio Recovery Associates?
  11. Hi, I received a summons from PRA and responded with a general denial. I also submitted a BOP to them. I then received an objection to the BOP because the "account is stated". I do not have a court date yet and no other correspondence from PRA other than the summons. It states I owe $2,500.00. The account was opened in April 2016 but PRA's statement attached to the summons shows the last payment was made in October 2016. They served me on June 5, 2020. Can I file a SOL? Also, in 2018 I disputed this account with the credit bureaus. My credit report shows this "Completed investigation of FCRA dispute - consumer disagrees". Will this help me in court? I also disputed the account with PRA in 2018, stating I had no knowledge of the account and they would only reply by sending me copies of the statement. Will any of that help me in court? What are my options to win in court? Since there was in fact a payment made.