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Mhopeful

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  1. Nope, it's correct. The judge scheduled a hearing on a MTC for a case that was dismissed. Plaintiff filed 2 lawsuits on the exact same debt, plaintiff then dismissed one and then the other.
  2. Update - Midland dismissed the case! The judge only ordered the arbitration to go forward, but did not specify how many we had to do. Thanks for all your help!
  3. No, I didn't put one in my motion. Once I get a copy of the order, I will do what she says to do.
  4. So we went to court for the MTC hearing. Midland did not answer/oppose the motion and didn't bother to show up or send in a rent-a-lawyer. The magistrate refused to dismiss the case but granted the motion. She wanted to know if I had started arbitration yet, and I said I wanted to wait for the outcome of this hearing first. They'll dismiss the case if we file for arbitration. My question is: should I file one arbitration or three? Two of the agreements say that they will pay our fees if we ask in writing, the third says nothing about this. All three use AAA. So at most we're out $200 and they're out $400 and three retainers. Thoughts? Any one who's had this situation?
  5. Well, the motion is being heard Monday, and we have electronic filing available. They have not filed an answer to the motion, so I don't know what their plan is.
  6. So, an update for any interested. I filed my MTC in May electronically and sent the lawyer's copy certified the same day. About a week later, I received a copy from the court and a notice for the motion hearing in early June. Looking at the tracking, Midland's lawyers didn't receive my copy until yesterday. I'm assuming that there will be a continuance filed since they won't have time to even file an answer. Anyone else have USPS sit on certified mail for 10 days?
  7. Update - Midland dismissed the second case, there was a phone conference scheduled for that one last Wednesday. The in person trial for the first case is later in the year.
  8. 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?
  9. 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 pretty much an arbitration friendly state? I don't know how arbitration takes into account my initial answer.
  10. They have 2 different case numbers, thank you that's what I thought, just needed it verified.
  11. No, neither case has gone to court yet, They served me twice eight days apart.
  12. Is there a defense for being sued twice on the same debt?
  13. 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?
  14. 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.
  15. According to the lawyer, it is legal. Fairly rare, but it is done.
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