grace0919

Midland answer to complaint anything i should change

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@mrswylie Are you planning on going the Arbitration route. Also did you get served a summons and did you file an answer?

 

I am planning to demand Arbitration.  According to our local legal aid group, the complaint was filed June 24th, but I haven't yet been served.  I'm trying to prepare so I can act quickly once served.

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Exhibit B was the initial paper work I downloaded from the JAMS site. But know that the Judge did ask if the fee was paid so make sure you make your initial fee payment and have proof when you go to court. My proof did not come back in time for the court hearing so the Plaintiff did call JAMS to make sure it was paid. If you didn't receive anything back prior to hearing to compel arbitration call and have an email sent saying the fee was paid. http://www.jamsadr.com/neutrals-search/Here is the link for the initial paperwork. Click the print icon, fill it out and send in with initial fee. Then you should receive an email from JAMS with more paperwork.

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Below is the advice of an attorney:

 

You should file some a motion with the court moving to dismiss the case WITH prejudice for intentional lack of prosecution.

You would attach their email to JAMS, and request sanctions in the form of your filing fees with JAMS.

The indication that Plaintiff does not intend to proceed with the arbitration, violates the order to go to Arbitration.

 

This is the same opinion I gave earlier.  You have Midland in a noose.  What you do with it is your choice.  You can let them step down and walk away, or you can kick the stool out from under them.  Everyone must decide based on their own comfort level.

 

Me, personally, I would submit an opposition to their motion to dismiss.  I would remind the court of the standing MTC order that Midland is refusing to follow.  I would ask that the court dismiss WITH prejudice and that my costs, including the $250 JAMS fee be awarded to me.  That would be the minimum I would do.

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I am planning to demand Arbitration.  According to our local legal aid group, the complaint was filed June 24th, but I haven't yet been served.  I'm trying to prepare so I can act quickly once served.

@mrswylie you should send the demand for JAMS letter now, before you are served. Then if you are served, you don't have to wait for a refusal, serving you with papers is a refusal. Then you can file your motion to compel in lieu of an answer, save those filing fees, and not risk any litigation.

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@mrswylie you should send the demand for JAMS letter now, before you are served. Then if you are served, you don't have to wait for a refusal, serving you with papers is a refusal. Then you can file your motion to compel in lieu of an answer, save those filing fees, and not risk any litigation.

 

Received service shortly after my prior email.  Sent letter to JDB and Attorney Electing Arbitration, then followed up with MTC arbitration with the court today.  The deadline for my answer to the complaint is Monday and I plan to submit a response with arbitration and the first affirmative defense, along with a number of other defenses should my arbitration request somehow be defeated.

 

One bit of confusion i still have for Michigan.  Once I mail the MTC to the Plaintiff's attorney, I need to prepare an affidavit of service.  Most of the templates I've seen have that at the end of the MTC after my signature.  Do I simply fill that in and resubmit to the court?

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Went to court this morning on my motion to dismiss. It was dismissed with prejudice and Midland has been ordered to refund my $250.00 payment to JAMS within two weeks. Midland claimed there are too many federal regulations to have the CRA tradelines removed. So the Judge said I could send in a copy of the dismissal order and they would have to remove the tradelines. ::punk::::celebrate::  :yahoo:  :banana: 

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P.S.

I would love to know what federal regulations prevent a creditor ........ especially a JDB from removing a trade line from your CR. ::USA::

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YEAH! Nice job.  Yep you send in a copy of that order, and the 3 C's have to remove the trade line.  Congrats!

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@mrswylie  I was getting confused with your posts and Grace0919 posts because this is grace's thread.  I suggest you start a thread all your own, and people will jump in on it.

 

Received service shortly after my prior email.  Sent letter to JDB and Attorney Electing Arbitration, then followed up with MTC arbitration with the court today.  The deadline for my answer to the complaint is Monday and I plan to submit a response with arbitration and the first affirmative defense, along with a number of other defenses should my arbitration request somehow be defeated.

 

One bit of confusion i still have for Michigan.  Once I mail the MTC to the Plaintiff's attorney, I need to prepare an affidavit of service.  Most of the templates I've seen have that at the end of the MTC after my signature.  Do I simply fill that in and resubmit to the court?

Your on the right tract, you need an affidavit saying everything is true to the best of your knowledge, the copy of the agreement is the proper one for the alleged account, etc.    The affidavit of service is the thing at the bottom.

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Went to court this morning on my motion to dismiss. It was dismissed with prejudice and Midland has been ordered to refund my $250.00 payment to JAMS within two weeks. Midland claimed there are too many federal regulations to have the CRA tradelines removed. So the Judge said I could send in a copy of the dismissal order and they would have to remove the tradelines. ::punk::::celebrate::  :yahoo:  :banana:

@grace0919 Very nice work not allowing Midland to just dismiss on their terms! That is how you pull off a textbook case of arbitration with a JDB. Once you have the MTC granted and they are desperste for an out, you stick to your guns and get the WITH prejudice dismissal along with your costs back. Perfectly executed.

Now, I will tell you from personal experience that you should check your credit reports in about a month or 2. Watch for Midland doing a "account review" pull of your reports. If they do this, then you have an instant FCRA violation and can go after them for $1k. Ask me how I know. :)

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Thank you for the information.  I'm still in my beginning phases of my case.  I have my hearing of my motion to arb in the first part of September.  I with with a motion to Dismiss/Stay the case to compel arb.  At this time I have not heard anything from the JBD.  I will update this thread with my results as well.  My main thread is here: http://www.creditinfocenter.com/community/topic/326218-portfolio-recovery-served-me-papers-in-michigan/

 

Thanks. 

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Thanks @fisthardcheese I will keep an eye on credit reports because Midland employees are snakes and liars.

 

 

@grace0919

 

In a previous post I told you that you couldn't get Midland to dismiss with prejudice, and not to "push them." I am glad you took the advice of others and "pushed" Midland into giving you one with prejudice and refunding your JAMS fee.  You were aggressive and you won big!

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@grace0919

 

In a previous post I told you that you couldn't get Midland to dismiss with prejudice, and not to "push them." I am glad you took the advice of others and "pushed" Midland into giving you one with prejudice and refunding your JAMS fee.  You were aggressive and you won big!

 

The reason using arbitration is very powerful against a JDB is because once an MTC is granted, they become stuck between a rock and a hard place.  They do not want to pay the extremely high cost to arbitrate, but they also now have a court order to arbitrate.  This instantly shifts all power to negotiate to the consumer/defendant because the JDB can not just simply dismiss the case on their own now due to the court order.  Both parties must sign off on any dismissal and that puts you in a position of power over them.  @grace0919 used this position of power perfectly to get what she needed out of them.

 

As I said, this is the textbook case on how and why arbitration against a JDB is a very good option.

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@debtzapper I felt that I had them cornered because they brought the suit on me and with arbitration being an option in the agreement. Further it being compelled by the court to arbitrate. Also in a previous hearing I had mentioned in court how Midland files motions or judgments hoping to get a default judgement and they have had multiple class actions lawsuits for their robo signing of affidavits. Plus a article I printed from Midlland"s site where Midland put out a memo to all employee's that stated a case from the Michigan Court of Appeals that ruled that a statement is no longer enough proof to validate a debt. A cancelled check is considered valid proof as ownership for the debt. Midland of course had that stricken from the record and I knew they would but the judge did hear it and was none to happy with Midland.

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