Tommylamma

Sued by Midland in Arizona - Barclays Card

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18 hours ago, Tommylamma said:

Lawyer called back and offered to settle. Although I believe this to mean my MTC Arbitration caused them concern, I chose to accept a settlement offer of $575, original debt being $1857. 

$500 was my number based on information given early on in this post 

 

I'm going to get it paid ASAP so as not to risk a ruling on the MSJ.  If there is any  reason I should not peruse with settlement, please share as the deal is not done yet.

Thanks again for the support of this community, it's been a stressful process but with having members like you Harry have really helped to get through this.

I've attached what lawyer sent. Thanks.

Notice of Settlement.pdf

Settlement Letter.pdf

If you're satisfied with the terms of the agreement (and it sounds like you are), I don't see any reason not to accept it.  You're basically ensuring that the case ends here - no chance of the court denying your MTC and granting Midland's MSJ.

Having said that, I would still have your Opposition ready to file by the deadline in the event the court doesn't dismiss the case before then. You can now include in your Opposition the ultimate reason for denial of the MSJ, which is that the debt has been settled.

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Would I still need to include the other items discussed earlier and the MTC Arbitration in the opposition or simply say that we have settled and therefore the MSJ should be denied, and restate that in the SOF, and then site the law associated with settling (which I don't have yet)?

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1 hour ago, Tommylamma said:

Would I still need to include the other items discussed earlier and the MTC Arbitration in the opposition or simply say that we have settled and therefore the MSJ should be denied, and restate that in the SOF, and then site the law associated with settling (which I don't have yet)?

Yes.  You need to include every reason the MSJ should be denied.

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I wanted to follow up on my case.

I received the dismissal letter from the court yesterday. The case was dismissed with Prejudice after settling  with Midland at $575 for the $18xx claim.  I believe the Arbitration defense is what incited them to settle.

My lesson learned from this situation is:

- start immediately in your response to the claim
- listen to this group intently (they know what they are talking about)
- do you own research so that you can grasp the concepts and procedures better yourself

Thanks again so much Harry and all the others that assisted on this. Such a great group and resource.

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On 8/1/2017 at 10:02 AM, Goody_Ouchless said:

Unfortunately Midland doesn't make "deals". They will probably offer to settle for a lump-sum with a slight discount, or a payment plan for the whole thing. Payment plan is basically just like paying a credit card bill each month.

 

58 minutes ago, Tommylamma said:

 The case was dismissed with Prejudice after settling  with Midland at $575 for the $18xx claim.  I believe the Arbitration defense is what incited them to settle.

575/1800 ≈ 32%

That's a reasonably good resolution, all things considered.

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Xerxes,

I thought it was reasonable especially since Harry said it would likely cost me around $500 for an appeal, which was likely.

But when I first called Midland they wouldn't go lower then around $1500, so Goody was pretty much dead on.  After the Lawyer for Midland received my MTC Arbitration, I got a call the next business day to see if there was a number we could agree on.

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