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Midland Funding LLC in AZ Help!!


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I won in court against Midland Funding in Tennessee.  I know laws are different in each state but when the judge asked how I pleaded, I said,"I have significant information to admit or deny and therefore I must deny, they have not provided any evidence the shows that the account is actually my account.  I also questioned the validity of their affidavit because she does not know and cannot legitimately  testify to the business records of another business. I also asked for proof of ownership and chain of title. The judge told the lawyer to get her act together and set a date for the hearing.  When the hearing date came, I got up there and the judge asked me if the amount was correct.  I said, " no your honor, last time I was here I questioned the validity of the affidavit and asked for chain of title and proof of ownership."  He asked their lawyer if she had that information and she stumbled through her paperwork and said she had no notes on that.  The judge said "CASE DISMISSED."  Midland Funding can't produce proof of ownership or chain of title.  They win by intimidation and phony affidavits.

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I won in court against Midland Funding in Tennessee.  I know laws are different in each state but when the judge asked how I pleaded, I said,"I have significant information to admit or deny and therefore I must deny, they have not provided any evidence the shows that the account is actually my account.  I also questioned the validity of their affidavit because she does not know and cannot legitimately  testify to the business records of another business. I also asked for proof of ownership and chain of title. The judge told the lawyer to get her act together and set a date for the hearing.  When the hearing date came, I got up there and the judge asked me if the amount was correct.  I said, " no your honor, last time I was here I questioned the validity of the affidavit and asked for chain of title and proof of ownership."  He asked their lawyer if she had that information and she stumbled through her paperwork and said she had no notes on that.  The judge said "CASE DISMISSED."  Midland Funding can't produce proof of ownership or chain of title.  They win by intimidation and phony affidavits.

you got very lucky @Chitowngirl, congrats.  However, in most cases they do have the bill of sale and an affidavit showing chain of title, and an attempt to authenticate records.  People need to learn how to fight that evidence.  They usually are incomplete, but once in awhile you get a savvy lawyer who can bring it, most of the time people when they do fight back, it is because they don't know their rules, what is allowed, and what is not.

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to be on the safe side I have created (NEED TO FILE BY TOMORROW 11/2/15) an Answer and a doc that I think I can file as MTD/MTC or just a MTC to go with my Answer. Can I get feedback on them if I should add or take parts out. I know the format is a little funky its because my laptop does not have Microsoft word so I had to use a generic wordpad (I will be able to edit better with numbers instead of bullet points for the answer , unless you don't think it will be an issue )

 

Thank you everyone for your feedback

 

public motion1.docx

public answer 1.docx

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oh yea I forgot to mention I did have headers for them I just removed them so my name and addr and ph number wouldn't be out there :) but I filed everything with the court yeaterday and mailed the copies to the attorneys office. I did have an affidavit but when I got to the court they didn't have a notary so I was not able to include them, if I go and get the cc agreement notarized today and want to go file it with the court what will I tell the clerk that I am doing so they know what to do with the affidavit?

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Pretrial hearings are usually where they want you to attempt to resolve this, they may set time lines for discovery, things of that nature. I would just ask the judge if he has ruled on my motion to compel. You filed an answer, they didn't even look at the motion yet, the pretrial hearing is usually set after an answer is filed.

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Hi, My pre-trial conference lasted 5 minutes. There will be a representative (who works for many law firms) who will tell you they are authorized to make a settlement with you.  I said no , will see you in court.  You both go to the clerk and sign you were present. She tried to bully me into a settlement because my husband was not there.  I said I was representing us both. 

 

There will be no judge in the room.

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Is there anything I should be getting prepped for? I did opt for Arbitration,  I have not started anything with JAMS yet since my contract stated

 

"Upon your request, we will normally pay all the fees the administrator or arbitrator charges, if we believe you are acting in good faith. We will always pay these arbitration costs, as well as your legal fees and costs, to the extent required under applicable law or in order for this Provision to be enforced."

 

I "requested" for them to cover my legal cost in my "election of arbitration" letter I sent to them before I filed my answer and mtc.

 

What my "plan" was to wait the 10 days they have to respond and see if they would just dismiss or drop the case after receiving my answer and MTC which was filed with the court on 11/2/15 and mailed that same day and received at the lawyers place on 11/4/15 per the tracking numbers.

 

Should I go ahead and begin something with JAMS? or is there something else I should be maybe looking into? what could be their next step? what should be by next step?

 

If anybody has any advice that would be great or offer some information on what I should be studying up on next.

 

Thanks to everyone in advance!!!

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I would print all the jams paperwork out, and fill it out, have it ready to go. The plaintiff may try to object to your Arb request saying if you were serious, you would have filed. If you get that objection, initiate ASAP so it will be in the works send the fact that you did initiate to the court and plaintiff.

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  • 2 weeks later...

so an update on how things are going... The time for Midland to respond to my MTC/MTD expired yesterday on 11/17/15 (since I mailed it they gave them an extra 5 days even though I sent it with a tracking number through certified mail) I called the court today and they told me that unless it was in a basket to be scanned in their was no response and to check back in on Friday. They said that my motion was on a timer to go to the judge on 11/21 (which is a sat thought that was weird) which scares me since I know that if they did respond to my motion it would give me 5 days to respond.

 

I want to have my paper work with Jams started by the time I go to my Pretrial on 12/14 can someone give me the link to the paper work please?

and /would I just print the forms or actually get started and file something with jams? 

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PDF format - Jams
www.jamsadr.com/files/Uploads/.../JAMS_Arbitration_Demand.pdf
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Oct 1, 2015 - Demand for Arbitration Based on Pre-Dispute Provision ... For matters involving consumers, see JAMS Policy on Consumer Arbitrations ...

 

I can't open this PDF with my computer but I think this is what you need.  I believe @fisthardcheese has posted links in other threads.

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Hi, Atty's typically around the holidays use that to their advantage to get things to you last minute. It may go into the judges box friday but if he has taken that week off he won't see it until after Thanksgiving , Monday the 30th.  Also , unfortunately the clerks rarely know much, and will tell untruths.  Happened over and over in my case. 

 

Get Jams filed and good luck!!

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  • 3 weeks later...

so I have an update on my case, and it has me pretty worried and scared as of now. They filed an opposition to my MTC arbitration on 11/20 I never got a copy of it because they mailed it to the wrong address according the clerk that read back the address they stated on their paper work. I am going to go pick up a copy of it from the court later today after work. The clerk told me it was 10 pages.

 

the oral argument for the ruling on the MTC is on 12/11/15 I got a notice from the court telling me I filed a mtc arb they filed a opposing denial to mtc arb, the judge wants to hear us out before making a decision, which I am thinking is a good thing?

 

PLEASE HELP I am not sure what I am gonna do at this oral argument hearing for the MTC. To top it off I then have the pretrial conference set for

12/14/15 which has been set since I had filed my answer and mtc in November.

 

the jdb also mailed me a notice of disclosure statement and the disclosure statement-they included a bunch of documents that are all garbage as far as I can tell, from what I have read on here, they mailed me an bill of sale/chain title which is garbage its something you could type up on word and other wannabe bill of sales from "GE" the electric company like with the logo on the washing machines? which correct me if I am wrong is a COMPLETELY different company than GE Capital retail bank/dillards aka now Synchrony Financial?

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You need to get the opposition and post it here. Lately they are taking the approach that you either denied that there was a contract, or that the contract you provided is incorrect. The approach to this is to say "...since their suit is based on breach of contract, let's see the contract that they claim was breached." Then point to the arb clause in whatever contract they produce.

 

The documents they provided are not "garbage" in AZ. They are enough to grant MSJ to plaintiff. 

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that is very depressing....I will post the Opposition documents they filed with in the next couple of hours as soon as I go get a copy of them.  Thank you everyone for the help...hopefully I can prepare enough in the next couple of days with your guy's help so I don't blow it on Friday at the oral argument, or on Monday at the pre-trial. I already feel stressed beyond belief right now.

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Ok so I got a copy of their opposition here is what the memorandum of points and authorities reads " plaintiffs request the court to deny defendants motion to compel private arbitration. Defendant's request for private arbitration is based upon mis-reading the terms and conditions for the account. The terms specifically exclude a removal of a state case for collection of unpaid balance to private arbitration. See the terms, with relevant section highlighted, attached hereto as exhibit a. Wherefore plaintiff request the court to deny defendants motion to compel private arbitration" attached was the same contract I used...I'm unsure how to proceed, I used the agreement attached to this thread. Help please

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I'm assuming they are referring to this section of the agreement?


Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or
any additional cardholder, on the one hand; and us, our affiliates, agents and/or Dillard’s, Inc., on the other hand, if the dispute or claim arises from or relates
to your Account. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains
an individual case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit
by claiming that we engaged in any wrongdoing, we may require you to arbitrate.

 

 

If you can reply to their opposition, then I'd point out the fallacy in their reading of the agreement.  The first sentence outlines an absolute:  Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or Dillard’s, Inc., on the other hand, if the dispute or claim arises from or relates to your Account.

 

The last half of the paragraph is one-sided and permissive, if you are the CREDITOR.  "We will not require you to arbitrate".  Once you make the demand to arbitrate, then per the agreement, they must arbitrate.  Any ambiguity in the contract, is always interpreted in favor the defendant (you), because you did not write the agreement.

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