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  1. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basically surrendering my rights and/or missing requested paperwork to support my case. Here is my TIMELINE: 2006 OPENED WF CONSUMER CREDIT CARD AS OVERDRAFT PROTECTION 2011 CC ACCOUNT WAS CHARGED-OFF BY WF in 2011 (CC limit was $4,500 but I'm being sued for almost $10K) 2011-2016 RANDOMLY RECEIVED STATEMENTS FROM MIDLAND (amounts varied from $7K to $13K) 11/12/15 JOHNSON MARK LLC SERVED COMPLAINT ONTO MY SPOUSE (I was not present on premisses, but it's still legal in UT) 11/18/15 COMPLAINT WAS FILED WITH 3RD DISTRICT COURT, UTAH 11/24/15 FILED MOTION TO DISMISS (based on SOL; as it is not an "instrument in writing" and falls under 4 years) 12/2/15 FILED 1st REQUEST TO SUBMIT FOR DECISION 12/10/15 RECEIVED PREMATURE FILING MINUTES 12/10/15 RECEIVED OPPOSITION TO MOTION (was dated 12/7/2015) 12/15/15 FILED REPLY TO OPPOSITION 12/15/15 FILED 2nd REQUEST TO SUBMIT FOR DECISION 2/16/16 RECEIVED ACCOUNT STATEMENT FROM JOHNSON MARK LLC IN THE MAIL (very basic info stating the whole acct #, ownership, balance, but no charge-off date) 2/16/16 CALLED JUDGE's CLERK TO INQUIRE ON STATUS OF REQUEST 2/23/16 RECEIVED NOTICE FROM COURT ON MOTION TO DISMISS (ruling scheduled on 3/07/2016) 3/7/16 JUDGE DECLINED THE MOTION AND EXTENDED 21 DAYS TO FILE THE ANSWER (SOL was denied, as judge agreed it falls under "instrument in writing"; 6 years instead of 4) 3/22/16 SENT LETTER SELCETING ARBITRATION TO JM AND MIDLAND 3/28/16 FILED THE FOLLOWING: ANSWER AFFIDAVIT MTC PROPOSED ORDER 3/28 - 3/31/2016 RECEIVED MULTIPLE PHONE CALLS FROM JM (to stop any phone calls, file CEASE & DESIST) 4/1/2016 AGREED ON SETTLEMENT - my original offer was $1500 when complaint was filed; JM's lowest was $7.5K - JM offered $2K, saying it's a stretch from original $7.5K - countered with $500, pointing out ARB fees and legal expenses - JM declined - JM called 30 minutes later accepting the offer 4/1/2016 RECEIVED SETTLEMENT PAPERWORK - JM lawyer sent AGREEMENT LETTER to my email (upon my request) - called JM lawyer directly to request: dismissal with prejudice, no transfer of debt, no 1099C - agreed upon everything but 1099 - as it is regulated by Federal Law - ordered cashier's check and went to meet up with JM lawyer - received SETTLEMENT AGREEMENT and SATISFACTION LETTER in writing - both parties have signed MOTION TO DISMISS (with prejudice) - received ORDER OF DISMISSAL WITH PREJUDICE - all docs mentioned: with prejudice, and each party bearing its own costs and attorney fees - received payment stub Thank you to everyone. This has been the best resource.