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Blue1234 last won the day on April 13

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  1. My SO received a letter from Midland stating they would sue soon. Since this is Capital One and there is no arbitration clause, what are the best options? Talk to Midland before they send to an attorney and try to settle? Is it possible to file in JAMS prior to them filing in court or will that not stop a lawsuit? Just trying to weigh options at this point. Thanks!
  2. Well this is the email response I got from Midlands attorney. "We actually closed these files in our office and send them back to Midland Credit Management as we did not wish to proceed on these" What do I do now?!?
  3. It's been a few days since I offered the opposing attorney a mutual dismissal with prejudice and I haven't had any response. Should I go ahead and file in Jams?
  4. I did not have one. All I filed with the court was my answer, my mtc, an affidavit and my cc agreement.
  5. What just happened?!? I went into court and of course the lawyer pulled me aside and tried to set me up on a payment plan. I declined. He explained how expensive arbitration was and I told him that I understood. We went before the judge and he stood up and told the judge that I demanded arbitration, that there was a valid clause, and thats what we would do if I agreed! He asked for the case to be dismissed! I literally only said one word to the judge! I am in awe right now. I was not expecting it to be so easy! What do I do now? File with jams or aaa? Wait for the court to send me something? You people here are so awesome!
  6. Thank you! I talked to the lady that schedules the hearing last week and she told me that the trial would proceed immediately if my mtc was denied and it kind of made me panic. I was originally under the impression that this hearing was just for the mtc. I guess I'll find out tomorrow.
  7. Anyone? I only have until tomorrow morning. Help!
  8. I should probably not think this far ahead and concentrate on getting the mtc granted but I keep looking over things trying to decide what to do if the mtc is denied. Once I filed the mtc I received a packet from midlands attorney with some cc statements, a bill of sale and an affidavit ( Im not sure what all is required for the jdb to prove his case). The affidavit only states that a "pool of accounts" was sold, not my account specifically. I've also looked up the name that claims to be the media representative for synchrony bank and cannot find him on the internet except as a notary for the state of FL. Not sure if I should bring that up or look into it anymore. Im running out of time and need to focus on getting the mtc granted. Thanks everyone for the help. Any responses will be greatly appreciated from my last 3 post. @BV80 @nobk4me @BackFromTheDebt @kittycat @admin
  9. Also here is the mtc that was filed... NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about December 8, 2020, the Plaintiff filed its Complaint against the Defendant. 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Agreement (see Exhibit B, attached). 3. The parties are bound by the Credit Agreement. The Arbitration Agreement states, among other things: a) Disputes between you and us will be subject to individual arbitration. This means that neither a court nor a jury will resolve any such dispute. b) You and we must arbitrate any dispute or claim between you and us (including our parents, affiliates, agents, employees, officers, and assignees). c) Arbitration may be requested at any time, even where there is a pending lawsuit. d) The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Agreement to Arbitrate. e) The Agreement to Arbitrate shall survive the termination, cancellation or suspension of the Agreement or your account. 4. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989)." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 5. This argument is made pursuant to Rule 12 of the South Carolina Rules of Civil Procedure, as amended; the Federal Arbitration Act, 9 U.S.C.§§ 1, supported by Munoz v. Green Tree Fin. Corp., 343 S.C. 531, 538, 542 S.E.2d 360, 363 (2001), and Bradley v. Brentwood Homes, Inc., 398 S.C. 447, 455, 730 S.E.2d 312, 316 (2012) which states “There is a strong presumption in favor of the validity of arbitration agreements because of the strong policy favoring arbitration," et seq.; as well as applicable Federal and South Carolina jurisprudence in addition to the pleadings on file. 6. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to stay proceedings pending contractual arbitration.
  10. I am by far overwhelmed with all of this, but researching as much as possible. The arbitration clause in the agreement does state that it is governed by the FAA. From what I understand, I should go to trial prepared to defend what I wrote in my mtc. If it is denied and they proceed with the trial then I can request a stay on the basis that I wish to appeal the decision? I do not want the trial to proceed and not be ready with anything to defend the validity of the debt. I also really appreciate all of the feedback and help from you all. The trial is Tuesday so I really need to make sure I'm on the right page before going to court.
  11. I was just thinking ahead so that I could be prepared with something if the mtc was denied and the case moved forward in the courtroom. I would feel silly after arguing for the judge to rule in favor of my motion, if I had no way to contest the debt, if my mtc was denied. From what I understood from the clerk, the case would move forward and be ruled on the same day if my motion was denied. Ive read and tried to be prepared for the mtc portion of the hearing that I havent thought much about what to do if it wasnt granted.
  12. What happens if the MTC is denied? Will the case move forward in court immediately?
  13. My settlement offer was denied (as I expected) and my court date is next week. I am so nervous about this. If my MTC is denied for some reason, will court move forward with the original complaint and the judge then rule on that too? Are the chances slim that my MTC will be denied?
  14. Hi, so I received a court date in April. I also received a letter from Midlands attorney for both cases offering payments or to settle for a lump sum (about 3/4 of total). It was not a great offer, but it tells me that they don't like my response with a MTC. They originally offered no settlement when I called. I was considering sending them back an offer of $250 for each case, just to see if they would consider. I was wondering if anyone has any information on how to do this. Is it appropriate to send them an email? And is this even a good idea? Thanks everyone!
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