Mx-52010

Going against Midland Funding tomorrow Please Help

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Hello,

I came across this site and figured I would see if I could get a little advice. I'm going to court to fight Midland Funding after receiving an Affidavit from a law firm on behalf of them. I know this is VERY common and probably has been asked a lot. They are representing Midland on behalf of my debt to Sync/Paypal that was charged off in 2015. It's for $3,100.49. I don't "recall" owing this, but let's say I did owe SyncBank/Paypal that at the time it was charged off, I still want to fight them if they are lacking evidence and get it thrown out. Before I proceed further, I want to see if anyone is actually on this forum today to help out and what info do you need to know. I called Barnette Law offices and left a voicemail.

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3 minutes ago, ColinB82 said:

Hello,

I came across this site and figured I would see if I could get a little advice. I'm going to court to fight Midland Funding after receiving an Affidavit from a law firm on behalf of them. I know this is VERY common and probably has been asked a lot. They are representing Midland on behalf of my debt to Sync/Paypal that was charged off in 2015. It's for $3,100.49. I don't "recall" owing this, but let's say I did owe SyncBank/Paypal that at the time it was charged off, I still want to fight them if they are lacking evidence and get it thrown out. Before I proceed further, I want to see if anyone is actually on this forum today to help out and what info do you need to know. I called Barnette Law offices and left a voicemail.

Welcome! 

Have you been served?

Please copy and answer the questions in the following link:

https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/

 

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1. Who is the named plaintiff in the suit?

Midland Funding LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

Finklestein, Kern, Steinberg & Cunningham P.C

3. How much are you being sued for?

$3,100.49

4. Who is the original creditor? (if not the Plaintiff)

Synchrony Bank / Paypal

5. How do you know you are being sued? (You were served, right?)

I was served

6. How were you served? (Mail, In person, Notice on door) 

In person, at my door returning from running errands

7. Was the service legal as required by your state?

Yes

Process Service Requirements by State - Summons Complaint

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

None

9. What state and county do you live in?

Davidson County, Tennessee

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

June 9th 2014 

11. When did you open the account (looking to establish what card agreement may be applicable)?

Sept 26, 2013

12. What is the SOL on the debt? To find out:

6

Statute of Limitations on Debts

13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

Served, due to appear in court tomorrow

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)
I wrote a letter of dispute (attached) to the plantiff for Midland Funding. I never contacted the original creditor

15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

After being served I requested debt validation and filed an answer in writing with the court 

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Claiming that they own the debt. 

Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

I received an affidavit from someone from Midland in Minnesota. I requested documents and all that  was sent was a few statements from my Paypal card and it's charged off statement. I received no evidence or "bill of sale" from Paypal to Midland, just a few monthly statements with purchases.

 

18. Read this article:

Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

====================================================

If you are inquiring about a the best way to sue someone, you need to answer the following questions (as much as possible):

1. Who are you suing?

2. How old is the debt?

3. If the person harrassing you about the debt is a collection agency, Is the debt being reported on your credit report?

4. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This means you wrote or called Experian, Equifax and TransUnion.

5. Has the collection agency sent you a letter, called you on the phone? How did you learn about the collection?

6. What state are you in?

7. What kind of debt is this? (credit car, auto loan, student loan)

8. What kind of violations do you THINK the collection agency has committed? What section of the FDCPA do you think has been violated...

============================================

By answering these questions, you will really get more help. If other people have more suggestions for questions, let me know.

dispute.odt

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What is the purpose of the appearance tomorrow? Is it a trial? Status conference? Mediation hearing?

If you're still in the initial stages of the lawsuit, I would get a copy of your agreement and attach it to a motion to compel private contractual arbitration and take that with you tomorrow.

I refer to Synchrony debts as the "golden tickets" of the arbitration world. Their card agreements are very consumer friendly. The most you will be on the hook for is a $250 arbitration initiation fee, but most of the time JAMS will tell you to wait to send in your payment until Midland pays first. The catch is it would cost Midland about $5,000 to start their case. Of course Midland won't ever pay $5,000 to collect a $3,100 debt for which they paid next to nothing.  As soon as the court grants your motion to compel arbitration, Midland will dismiss their case and walk away.

A state/local court is obligated to grant a motion to compel private contractual arbitration when there is a valid agreement.  Most of the time it's not an issue but some members have reported having to go so far as appealing a denied motion to compel to a higher court.

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The appearance is the initial appeal hearing. As in, I was served by a guy in a leisure suit and it's the first time i'll be in court. The kind of when/if you don't show up you're judged against and assume I owe the debt. Kind of just trying to decide what to say. Some are suggesting say "The evidence of having just a few of my bank statements isn't sufficient, and request that the debt be considered invalid" or say "i'd like to go to trial" to buy myself time. I'm not sure what agreement we're referring to. Perhaps we aren't that far along in the case?

 

Thank you so much for replying, can you please elaborate with me on some of that?

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26 minutes ago, Mx-52010 said:

"Some are suggesting..."

Those people are either idiots or haven't dealt with this stuff for 10 years. Since this is so "last minute" I'm not sure how you will get arbitration figured out by tomorrow, but unless you do, you will lose.

Short version: Your credit card agreement has some paragraphs that talk about "arbitration." This is a way to settle disputes without going to court. It was put in contracts to stop lawsuits from consumers, but some shifty character figured out that we can use it against them. You need to tell court that you are electing private contractual arbitration, per you credit card agreement. If the judge allows this (which he is forced to in most states and by federal law) Midland will drop the case, for the reasons Harry explained.

You need to get cracking and figured how you request arbitration in your state. Some require you to make this election before anything else, so maybe it's too late. I'll let others chime in who are much better with details.There is a thread here from a member called LabLady in Michigan that is a text book example of how this works.

 

 

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If Midland drops the case, then I still have to deal with Paypal correct? You're right, I am screwed. This is the only way? They can win simply by having statements from my paypal credit card? Were they not supposed to provide me with anything else I requested like purchase orders of the debt, etc? They literally only provided to me 3 statements, no bill of sales or anything. Are they allowed to hide anything else they intend to use?

 

Would these statements uphold?

  1. Plaintiff, as Defendant is informed and believes, lacks the legal standing to bring and maintain the action. Plaintiff has not presented evidence of title to alleged account nor has Plaintiff presented proof of assignment to the alleged account, therefore Plaintiff has failed to state a claim.

  2. Plaintiff has not presented evidence that alleged account was one of the “pool of charge-off accounts” acquired in the Affidavit of Sale.

  3. Plaintiff has failed to provide Purchase Agreement in its entirety, but instead had submitted dacted documents inconsistent with claim.

  4. Numerous class action lawsuits against Midland Funding LLC and their parent company Encore have been filed due to violation of the FDCPA. The following are examples of these violations: Benoit v. Midland Funding LLC, et al., Case No. 3:14-CV-00290, in the U.S. District Court for Southern District of Texas, Olinick v. Fulton, Friedman & Gullace, LLP et al, Zelenitz v. Midland Funding, LLC San Diego County Superior Court Case No. 37-2008-00077880-CL-CL-CTL, Midland Credit Management Inc. Telephone Consumer Protection Act Litigation, in the U.S. District Court for the Southern District of California, Case No. 11-MD-2286 MMA(MDD).

  5. Plaintiff has blatantly disobeyed the CFPB order, as neither the Bill of Sale or Affidavit of Sale make a "specific reference to the particular Debt being collected upon", as pursuant to CFPB(131)(a)(iii).

  6. Plaintiff has blatantly disobeyed the CFPB order, as Plaintiff is prohibited from Initiating a Legal Collection lawsuit unless in possession of the following” CFPB(131)(a)(i), and any one of following CFPB(131)(a)(iv).

  7. There is a Failure of Consideration between the Plaintiff and Defendant, no payments have been exchanged between the parties regarding the alleged account.

  8. Plaintiff has not proven the amount of the alleged account is valid or accurate. Plaintiff has proved no evidence the Defendant made a purchase on the alleged account.

  9. Plaintiff’s failure to state a claim to cite applicable state laws, there is no basis for the lawsuit.

  10. Defendant reserves the right to amend and/or add additional Answers, Defenses and/or counterclaims at a later date.

WHEREFORE, Defendant respectfully asks the Court to dismiss this case with prejudice.

 

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44 minutes ago, Mx-52010 said:

If Midland drops the case, then I still have to deal with Paypal correct?

NO.  PayPal is out of the picture they sold the account to Midland.  If Midland drops this it is over.  The CFPB order prohibits them from selling the account again.

45 minutes ago, Mx-52010 said:

They can win simply by having statements from my paypal credit card?

Yes.

45 minutes ago, Mx-52010 said:

Were they not supposed to provide me with anything else I requested like purchase orders of the debt, etc? They literally only provided to me 3 statements, no bill of sales or anything. Are they allowed to hide anything else they intend to use?

If you requested it through proper discovery that complies with the rules of civil procedure for your court.  If you simply demanded it then you have to be ready to challenge it at trial.

46 minutes ago, Mx-52010 said:

Would these statements uphold?

  1. Plaintiff, as Defendant is informed and believes, lacks the legal standing to bring and maintain the action. Plaintiff has not presented evidence of title to alleged account nor has Plaintiff presented proof of assignment to the alleged account, therefore Plaintiff has failed to state a claim.

  2. Plaintiff has not presented evidence that alleged account was one of the “pool of charge-off accounts” acquired in the Affidavit of Sale.

  3. Plaintiff has failed to provide Purchase Agreement in its entirety, but instead had submitted dacted documents inconsistent with claim.

  4. Numerous class action lawsuits against Midland Funding LLC and their parent company Encore have been filed due to violation of the FDCPA. The following are examples of these violations: Benoit v. Midland Funding LLC, et al., Case No. 3:14-CV-00290, in the U.S. District Court for Southern District of Texas, Olinick v. Fulton, Friedman & Gullace, LLP et al, Zelenitz v. Midland Funding, LLC San Diego County Superior Court Case No. 37-2008-00077880-CL-CL-CTL, Midland Credit Management Inc. Telephone Consumer Protection Act Litigation, in the U.S. District Court for the Southern District of California, Case No. 11-MD-2286 MMA(MDD).

  5. Plaintiff has blatantly disobeyed the CFPB order, as neither the Bill of Sale or Affidavit of Sale make a "specific reference to the particular Debt being collected upon", as pursuant to CFPB(131)(a)(iii).

  6. Plaintiff has blatantly disobeyed the CFPB order, as Plaintiff is prohibited from Initiating a Legal Collection lawsuit unless in possession of the following” CFPB(131)(a)(i), and any one of following CFPB(131)(a)(iv).

ALL of this is good.  But it isn't enough on its own.  YOU have to be able to argue to the court why it applies because their lawyer is going to argue against it.

47 minutes ago, Mx-52010 said:

There is a Failure of Consideration between the Plaintiff and Defendant, no payments have been exchanged between the parties regarding the alleged account.

They are the assignee.  They step into the place of PayPal as the original creditor and have all the rights and responsibilities of PayPal which means any payments you made to PP now apply to Midland as the assignee.  There does not have to be consideration between you and Midland for them to prevail on this claim.

48 minutes ago, Mx-52010 said:

Plaintiff has not proven the amount of the alleged account is valid or accurate. Plaintiff has proved no evidence the Defendant made a purchase on the alleged account.

They don't have to prove the amount is accurate.  If you don't believe it is that burden is on you.  They don't have to prove you made purchases on the account only that you are legally responsible for the debt.  i.e. a co-signor might not ever use an account but would be legally liable in a default.

49 minutes ago, Mx-52010 said:

Plaintiff’s failure to state a claim to cite applicable state laws, there is no basis for the lawsuit.

If they sued for breach of contract or account stated they made a claim.  

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I didn't file discovery. I just filed what I wrote. Is it too late to do anything at court (arbitration) since i've already filed my answer to the court and to them? Like, do I have 0 chance in winning this? Can I just request an extension if this is winnable with more time, and how would I state that?

I'm at a loss, nerve wracked and running out of time. Stupid youtube videos just made it seem like going in and denying it based on evidence could work.. HELP :(

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The biggest rookie-mistake everyone makes is to think there is something inherently nefarious about what places like Midland do. The fact is that everyone in the court (including the judge and the cleaning lady) knows that you bought stuff, you didn't pay for it, Paypal sold debt to Midland and Midland has the legal right and evidence to sue you and, worst case, garnish your wages for the amount due.

This is like being arrested for robbing a bank and forgetting your mask so you end up on security video. Arbitration gets you out of court. It doesn't change the morality of the situation, if those things bother you - it's just a loop hole that we use to get out of paying debts and it works virtually 100% of the time. 

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I could care less about morals and am well aware of all you stated. Is it too late to motion for arbitration? Like is that the first and only thing I say to them? I'm reading over the Michigan case but this girl had 2 weeks, I have an evening. What would you do if you were me?

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Would it be smarter just to try and negotiate with Midland versus sticking to my guns and saying they don't have the evidence? I don't want them to take my one and only car. :/

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34 minutes ago, Mx-52010 said:

What would you do if you were me?

Probably panic, but that was then. Now you should look at your rules of civil procedure. Here is one blurb on arbitration that looks like your state agrees that if there is an agreement, then arbitration is an option. https://law.justia.com/codes/tennessee/2010/title-29/chapter-5/part-3/29-5-302/

I'd write up a motion to compel arbitration and bring it tomorrow. Keep it simple. If you have a card member agreement, or can print one up from internet, that would be great. Have a copy to attach to motion. Midland's lawyer will know they are doomed. Some just fold, others will lie and/or make a fuss about the contact not applying to Midland (false), arbitration being to expensive (tough luck - it's in the contract they bought), you not having choice since they sued (typically false). The only potential snag is if court case has gone on too long and arbitration train has left the station. As Harry said - the contract for those Synchrony cards is golden in terms of putting no limitations on your right to arbitrate. 

It seems like information overload, but in practice it is all very simple. Your contract gives you the right to arbitrate, Midland will not arbitrate, and their lawyer will lie to scare you and fool the court. You just need to ask court to compel them to comply. As soon as judge grants your motion you have won.

 

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would this work, and is it too late? Does it need to be notarized and stamped to be valid? 

 

408 SECOND AVENUE NORTH, 1ST FLOOR.

NASHVILLE, TN 37219

IN THE METROPOLITAN GENERAL SESSIONS COURT IN MY STATE OF TENNESSEE

SYNCHRONY BANK

Plaintiff Case No.:XXXXXXXX

vs.

"me"

Defendant Pro'Se

MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION

COMES NOW the Defendant my name appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

1. That on or about MAY 11 2017, Plaintiff filed its Complaint against Defendant.

2. Defendant moves this court to compel binding Private Arbitration with Jams based on the terms and conditions of the Credit Card Agreement (see Exhibit A, attached).

3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

(RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or PayPal, Inc., if it relates to your account, except as noted below. 2. 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) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.


 

6. The Defendant elects arbitration with JAMS to settle this dispute.

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.

Respectfully submitted this day 12/14/2017

"me", pro se

VERIFICATION BY AFFIDAVIT

Personally appeared before me, the undersigned, who on oath states that the facts set forth in this MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION are true and correct to the best of my knowledge and belief.

"me" Defendant Pro Se


 

--------------------------

Copy of the credit card agreement with arbitration for all partys Exhibit A

http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf Exhibit B

http://www.jamsadr.com/files/Uploads/Documents/casesubmission.pdf Exhibit C

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@Mx-52010

If I were you, I would:

1. Write a letter to Midland's lawyer notifying them you demand arbitration to settle their claims against you.  One line is fine. "I demand arbitration in accordance with the governing credit card agreement."  Give this to Midland's lawyer as soon as you encounter them.  (They will tell you arbitration costs more or doesn't apply or some other nonsense to talk you out of it.  Smile and say that's fine or you don't agree or whatever you need to say to get past them so you can let the court know you want to arbitrate the claims per your Motion to Compel.)

2. Write a Motion to Compel Private Contractual Arbitration that looks like the one attached, print out a copy of a Synchrony credit card agreement (find one here: https://www.consumerfinance.gov/credit-cards/agreements/) and prepare an affidavit that swears under oath that the arbitration provision of the attached agreement is materially identical to that which was in effect during the life of your account.  The affidavit is not necessary, but stops Midland from claiming there is no agreement or the agreement you included is not the right one for the account.  If you use an affidavit, it must be notarized to be worth anything.

3. Print 3 copies of the Motion, Agreement and Affidavit and take them with you to court tomorrow.  Get all 3 stamped by the clerk.  One goes to the court, one to Midland's lawyer (per the certificate of service on the last page) and one you keep for your records.

4. As soon as your case is called before the court, let the judge know you have filed a Motion to Compel Private Contractual Arbitration and want the proceedings stayed until arbitration has been completed.

The attached file is all part of the same motion.  Staple all 4 pages together.  Be sure you fill in all of the fileds to match your name, plaintiff's name, court name, case number etc.  there are fields on each page!  You DO NOT date or sign the proposed order (page 3).

Good luck.

Motion to Compel Arbitration Template.odt

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thank you so much for that. It's at 9:45 AM. Do I go to the clerk desk first thing and hand it to them before going into the courtroom? 

What will the judge say since I am doing this on the day of my hearing or whatever you want to call it? 

Also, would the plantiff be Midland Funding even though it came from this sketchy lawfirm? Which address would one use for Midland Funding?

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26 minutes ago, Mx-52010 said:

Do I go to the clerk desk first thing and hand it to them before going into the courtroom? 

Yes. Make the clerk's counter your first stop. They might give you some trouble. Be very nice but insist on getting that motion filed.

26 minutes ago, Mx-52010 said:

What will the judge say since I am doing this on the day of my hearing or whatever you want to call it? 

The hearing doesn't sound like it's going to be anything critical. Usually the initial appearance is just an opportunity for the parties to try to come to some kind of settlement and, if not, set litigation milestones. The court isn't going to rule on the motion unless Midland's lawyer expresses no objections. Otherwise the court will give them 10 or 20 days to file a formal response. 

(Midland will try to put the heat on to settle, especially after you put them on notice that you want to go the arbitration route. They're going to tell you arbitration will cost you thousands and you'll still lose, etc. Don't fall for it. Insist on arbitration.)

26 minutes ago, Mx-52010 said:

Also, would the plantiff be Midland Funding even though it came from this sketchy lawfirm? Which address would one use for Midland Funding?

If you're talking about the certificate of service, use the lawyer's name and address. It will be shown in the summons and complaint you were served.

For the letter, same thing. All of your communications go through the lawyers. 

17 minutes ago, Mx-52010 said:

I used their corporate office in California, I just googled it.

See my last comment. 

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thank you so much for that. It's at 9:45 AM. Do I go to the clerk desk first thing and hand it to them before going into the courtroom? 

What will the judge say since I am doing this on the day of my hearing or whatever you want to call it? 

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See, you're helping me immensely, because the "plantiff" is some Ashley Meline, who is an "officer for Midland Funding LLC "plantiff" 

 

So aside from the certificate of service does (such as my affidavit and motion) I put the lawyers as well as the plantiffs? Confused ..

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3 minutes ago, Mx-52010 said:

See, you're helping me immensely, because the "plantiff" is some Ashley Meline, who is an "officer for Midland Funding LLC "plantiff"

Midland is the plaintiff. Ashley is the person that wrote the affidavit (correct?).

3 minutes ago, Mx-52010 said:

So aside from the certificate of service does (such as my affidavit and motion) I put the lawyers as well as the plantiffs? Confused ..

You only put Midland Finding, LLC for the plaintiff. They are who has sued you. The lawyer just handles the communications. 

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Well that's the weird thing. I have two affidavits from Midland, one from the original, then when I responded asking for evidence, etc. they sent a new one attached with my CC statements, so two different women but on behalf of Midland but different dates one from May and one from June

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Finklestein, Kern, Steinberg, & Cunningham, P.C.

1810 Ailor Ave

Knoxville, TN 37921

 

"I demand arbitration in accordance with the governing credit card agreement."

 

My name and address and signature (needed?)

---------------------------

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3 minutes ago, Mx-52010 said:

I have two affidavits

It doesn't matter, really. Their affidavits are only useful to them if they could stay in court. Once the case is ordered into arbitration they will dismiss. 

2 minutes ago, Mx-52010 said:

Finklestein, Kern, Steinberg, & Cunningham, P.C.

1810 Ailor Ave

Knoxville, TN 37921

 

"I demand arbitration in accordance with the governing credit card agreement."

 

My name and address and signature (needed?)

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Looks good except you should reference the lawsuit in there somewhere. "In regard to the claims you have made against me in Tennessee Justice Court  (or whatever the name of the court is) Case # xxxxxx, I demand arbitration...."

No reason to not sign it, but no reason to sign either. Your call. 

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You should also attach a copy of the credit card agreement (or just the pages with the arbitration provision) to the letter you give the lawyer. 

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