CCRP626 430 Posted July 8, 2016 Report Share Posted July 8, 2016 23 minutes ago, GTHMHNL said: not responding with the information originally requested - there are no time specifications... Or at least, that's how I understood it. A few posts up the specific paragraph is provided stating 30 days. Pull up the order and it has all the detail. If you call them again point the specific written order and detail that Midland stipulated to. Technically, Midland is not at the 30 day mark at this point if you asked June 15. They can B.S. all they want in the complaint and close it and there is no violation if you are provided the documentation by the 30 day mark. Another indication they don't have anything is they could have waited to send their second response to you within the complaint by the 30 day mark with the explanation they have sent the required records. Quote Link to post Share on other sites
fisthardcheese 1,500 Posted July 9, 2016 Report Share Posted July 9, 2016 What is your goal with this CFPB complaint? It seems to me that you are spending extra pointless time with this and expecting this will somehow effect your court case. It won't. You made your point with the complaint. I would just worry about the court case now. Quote Link to post Share on other sites
GTHMHNL 6 Posted July 9, 2016 Author Report Share Posted July 9, 2016 Understood. I'm just exploring opportunities that, yes, I thought might affect the course of this case and am realizing that my best tactic is to keep focused on the upcoming appearance for the time being. Quote Link to post Share on other sites
GTHMHNL 6 Posted July 14, 2016 Author Report Share Posted July 14, 2016 Update - in the mail today was a Stipulation For Dismissal without Prejudice from Dang's office! Not exactly what I was hoping for but close - it's a dismissal. It highlights a line i'm supposed to sign, and i'm assuming to send back to Dang's office since they included a return envelope postage paid. It says i'm still to show up to court next Monday at the later appearance time - the original time - not the the half hour earlier to hear whether the Motion to Compel Arbitration is granted. I think i'm supposed to be pretty happy about this. Do I sign and mail back to Dang, then show up for court to accept this action? Do I not sign/send and show up for court to ask the judge to change to Dismissal WITH Prejudice considering the plaintiff cannot prove their chain of title and validation of the debt, even through pursuit via CFPB and they still couldn't produce the proof? I want to be thrilled but still cautious until this is all wrapped up, ideally with a dismissal with prejudice neatly behind me... Quote Link to post Share on other sites
CCRP626 430 Posted July 14, 2016 Report Share Posted July 14, 2016 No need to contact them. Show up for the earliest hearing with both your MTC and your Dismiss with Prejudice. They know there's a hearing thanks to those clerks making sure the notice was formatted just right. If the Plaintiff is there and they sign the with prejudice, see if the Judge can handle that. If they don't, you have your MTC Arb completed. 30 minutes later with your MTC Arb order approved, check the hallway for the Plaintiff and show them both the approved order to arb and the dismiss with prejudice ready for them to sign. Ask them what they want to do. You can head back inside to see the Judge or you've got other things to do since you need to get with AAA to get this rolling. Quote Link to post Share on other sites
GTHMHNL 6 Posted July 14, 2016 Author Report Share Posted July 14, 2016 I've already completed a new form (same as the one they sent) and changed 'without' to 'with'. 3 copies for them, judge and me. I'm half tempted to just send them a signed copy of the modified version to see if they don't notice and sign themselves out of my life. (but I understand your instructions above and see it's the best path to go)... Quote Link to post Share on other sites
fisthardcheese 1,500 Posted July 15, 2016 Report Share Posted July 15, 2016 If I have their email address, I would simply send an email to them with a copy of my revised agreement. I would tell them I am willing to agree to a stipulated dismissal with prejudice and have attached a signed copy. If they agree, they can just sign their portion and file it with the court and potentially avoid the hearing all together. If they don't agree or don't respond, then I show up to court as you have planned above. Quote Link to post Share on other sites
GTHMHNL 6 Posted July 15, 2016 Author Report Share Posted July 15, 2016 They've been pretty 'no contact other than PO Box and general phone', no biz card or email - I think they're the only JDB firm here so likely get a lot of not-too-pleasant contact - it's an accessible community. So no email, but i'm going to fax them tonight, ask that they confirm by EOD tomorrow otherwise i'll see them in court come Monday. Quote Link to post Share on other sites
GTHMHNL 6 Posted July 19, 2016 Author Report Share Posted July 19, 2016 Dismissed WITH Prejudice!! It wasn't without a condition - the attorney asked for it to be entered as 'without finding on merit' which I agreed to assuming it was more for their records vs effect on me because the way I saw it, dismissed with prejudice is dismissed with prejudice. From there the judge told me I was free of the following scheduled appearance, and free to leave. No problem. Could not have gotten here without all your help, especially @CCRP626. Thank you all very much! 2 Quote Link to post Share on other sites
CCRP626 430 Posted July 19, 2016 Report Share Posted July 19, 2016 Glad Midland felt your sting. Congrats! Quote Link to post Share on other sites
fisthardcheese 1,500 Posted July 19, 2016 Report Share Posted July 19, 2016 Congrats!! Did they meet with you before the hearing and agree to this, or how did it go in court? You are correct that "with prejudice" is just that, regardless of what irrelevant stipulation they wanted added to the record. Quote Link to post Share on other sites
GTHMHNL 6 Posted July 19, 2016 Author Report Share Posted July 19, 2016 Thanks! No, no contact before being called before the judge - he came in late and sat in an area that kept us separated. No eye contact either, at all, even when we were before the judge. The only time he looked at me was when we both walked out of the courtroom at the same time when he gave me a bit of a sneer... so much for our mutual friend connection - hah. Quote Link to post Share on other sites
GTHMHNL 6 Posted July 19, 2016 Author Report Share Posted July 19, 2016 Oh, so he was the first to speak, initially providing a quick history about offering an ID theft option that I declined, then they offered dismissal without prejudice that I followed with faxing them a dismissal with prejudice. He didn't mention the MTC A that likely pushed them into dismissal at all. He then said they didn't receive my DWP prior to yesterday's appearance because I only faxed it on Friday (I actually sent Thursday night) and he didn't see it until yesterday morning (even though the fax cover I made for it was marked in 200pt letters at the top "URGENT - TIME SENSITIVE"). He did not mention that I didn't receive their DWOP until the Wednesday before, only had a day to process and respond. I didn't want to come off petty so didn't correct him - he's in front of the judge every day so whatever - he can have his quibble. I got a DWP - i'll take it. Quote Link to post Share on other sites
CCRP626 430 Posted July 19, 2016 Report Share Posted July 19, 2016 Midland should consider sending their canned CFPB complaint response to the attorneys they hire. Sounds like he forgot to mention what an awesome case they had he was really looking forward to present. Quote Link to post Share on other sites
