Mhopeful

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About Mhopeful

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  1. So what's the best way to handle this? Midland has sued me twice with the exact same case a few days apart. I have answered both and made one of my affirmative defenses Frivolous Filing on the second case only and did include the Arbitration clause in both cases. I will file the MTC's for both tomorrow. I see a phone conference will be held in May for the second case and a trial will be held in June for the first. Do I go right for arbitration? Should I file a MTD for the second Case that will be held first so to get rid of the trial in June?
  2. Ok, I'm writing out my answer to the complaint(s). My first (and only) affirmative defense is lack of subject matter jurisdiction, so going for arbitration. As far as I can tell from the complaint, the plaintiff has not shown standing as there is no claim that they are the owner of the debt(s) nor that they were sold to the plaintiff. This looks like an "account stated" claim. I am sure that they have more than what they're showing, but should I use lack of standing as well since my ability to use that will be waived if I do not bring it up in my answer? Or is that moot since Ohio is pret
  3. They have 2 different case numbers, thank you that's what I thought, just needed it verified.
  4. No, neither case has gone to court yet, They served me twice eight days apart.
  5. Is there a defense for being sued twice on the same debt?
  6. I have not, I'll look into it, thanks! On another note, I just got served again for the exact same debts by the exact same law firm, but 2 different case numbers, this is plain weird. The first one hasn't been dismissed nor does it have a motion to dismiss filed. Assuming I don't show to either (not happening, I'm going with arbitration) can they get judgements for both? Is that a violation of FDCPA?
  7. Thank you! I think I will end up having to file 3 MTCs, one for each different alleged account. It sounds like the other 2 would not be constrained by filing just one MTC.
  8. According to the lawyer, it is legal. Fairly rare, but it is done.
  9. I know, they probably have something more than what they filed. My question is: in their lawsuit they do not claim to be the holder of the debts? Is that normal? As I read it, they have no standing to sue as they are not any of the 3 creditors and do not claim to be the owners of said debts.
  10. I thought it would be more fun to separate them, make them pay $15,000 in arbitration fees. is it normal to not have any other documentation that they own the debt?
  11. All the rest of the info, I think 1. Who is the named plaintiff in the suit? Midland Credit Management Inc 2. What is the name of the law firm handling the suit? Anthony Barone, Cleveland Ohio 3. How much are you being sued for? $8000 4. Who is the original creditor? Lowe's, Home Depot, Fifth Third 5. How do you know you are being sued? (You were served, right?) served by certified mail 6. How were you served? (Mail, In person, Notice on door) mail 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the
  12. Is it possible to sever multiple accounts to arbitrate each individually? Midland is suing me for 3 accounts from 3 different creditors in one lawsuit. Any way to split them up?