Mx-52010

Going against Midland Funding tomorrow Please Help

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1 hour ago, lovie2000 said:

is this fine for the letter to send to the attorney?

 

To whom it may concern,

 In regards to the claims you have made against me in the Tennessee General Sessions Court, Case# XXXXXXXX, I demand arbitration with JAMS in accordance with the governing credit card agreement and request dismissal of this case.

They are NOT going to dismiss the case that easy.  The court could deny your motion.  The best you can hope for is that the court grants the motion and issues a stay of the lawsuit pending arbitration.  THEN Midland will dismiss rather than arbitrate.  They are going to call you on this because too many consumers have bluffed in the past.

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3 hours ago, lovie2000 said:

is this fine for the letter to send to the attorney?

 

To whom it may concern,

 In regards to the claims you have made against me in the Tennessee General Sessions Court, Case# XXXXXXXX, I demand arbitration with JAMS in accordance with the governing credit card agreement and request dismissal of this case.

 Drop the part at the end about dismissal. They never will voluntarily before the court grants the MTC, and in fact it's better that the court keeps the case open pending the 'outcome' of arbitration. 

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13 minutes ago, Harry Seaward said:

 Drop the part at the end about dismissal. They never will voluntarily before the court grants the MTC, and in fact it's better that the court keeps the case open pending the 'outcome' of arbitration. 

Thank you, took that part off.....on the way to mail the letter and the stamped copies of the paperwork to them....GS already updates the case....

Screenshot_20180314-133300.thumb.jpg.af8844cc9306521eccdb7b2550fab339.jpg

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On ‎12‎/‎13‎/‎2017 at 7:39 PM, Harry Seaward said:

@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

@Mx-52010 Hi! This is awesome information. I'm fighting the same battle. I was told by another member as well to prepare for MTC. @Clydesmom told me to read the threads and this one hits home.  I wanted to know that since I have approximately 17 days from today to submit an answer, in which it is that I deny, should I file a MTC the same day that I go to file my answer? I noticed that you stated to send it to the lawyer of Midland. Therefore, I have to make sure the lawyer has it before the hearing, correct? Or are you saying just inform them in writing that I intend to file MTC?

Edited by Boo313
added a question.

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22 hours ago, Boo313 said:

should I file a MTC the same day that I go to file my answer?

I would, or shortly thereafter. 

22 hours ago, Boo313 said:

Therefore, I have to make sure the lawyer has it before the hearing, correct?

What hearing? 

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Hi everyone, my hearing is tomorrow and my MTC Arbitration is I guess what the plan is. Is there a large chance I'll get denied? I keep reading things like that the larger corporations generally win when arbitration is filed. I''m super anxious, but have done all that you guys have advised to me. Should I wait and see what discovery they have? They sent me a letter with a copy of some statements with purchases and when it went to collections but nothing with a signature, etc. and the letter was not sent certified? What exactly should I do and in what order? Lol

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Stick with the arbitration strategy, as that is the best way to defeat a JDB.  Don't engage in discovery in the court, as that may waive your arbitration rights.

The arbitration strategy is that arbitration is so expensive to the JDB that they will give up and move on to easier prey.  Corporations only win in arb if they follow you into arb and pay the fees.  Chances are Midland won't.

At your hearing tomorrow, you need to focus on, and keep the court focused on, your MTC Arb.  Keep stressing there is a jurisdictional motion before the court that needs to be ruled on before anything else.

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I'm sure they will use any tactic to get me out of it. What are the chances of the motion going through should I persist it? Is there a large chance that they will deny it if I don't have a good reason to motion?

What would you say as far as reasoning for me to motion if put on the spot

Also, on a totally different note, if I requested a bunch of documents pertaining to my case like card statements and they did not send it certified, is there any loop hole you can say that you never received it within 30 days and request dismissal (this is when I do have to defend myself). I mean, I guess if it goes to trial either way I don't have much of a defense unless you can think of anything.

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9 minutes ago, Mx-52010 said:

What are the chances of the motion going through should I persist it?

No one can predict how your court is going to rule.  

9 minutes ago, Mx-52010 said:

Is there a large chance that they will deny it if I don't have a good reason to motion?

A reason to motion what?

10 minutes ago, Mx-52010 said:

Also, on a totally different note, if I requested a bunch of documents pertaining to my case like card statements and they did not send it certified, is there any loop hole you can say that you never received it within 30 days and request dismissal (this is when I do have to defend myself).

I don't recommend being dishonest to the court.  It isn't going to work out well for you in the end.

 

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Reasons for the MTC Arb:  it's your right under the contract.  Arbitration is private, whereas court proceedings are part of the public record,  You prefer privacy when it comes to financial matters.

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Aren't I already sort of by denying to pay Midland and going the arbitration route in hopes that they just drop it because isn't it like 250.00 for me and much more for them through JAMS?

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Also is tomorrow just me stating my request for arbitration and them saying yes or no or is it a trial where I could end up just screwed if it doesn't go my way, just to ease my anxiety.

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Midland might corner you in the hallway and try to talk you out of arbitration. Tell them no thank you and see you in the courtroom. 

Once in court, they usually argue any or all of these three things. 

1. The agreement doesn't apply to us. Response: yes it does. You bought the debt and the agreement says you inherited all rights and responsibilities of the original creditor. 

2.) Arbitration costs to much.  Answer: too bad. It's your agreement and it gives me the right to use arbitration and in doing so, removes your right to court. 

3. There is no agreement because this is an account stated cause of action.  Answer: it may be an account stated claim, but the underlying debt is based on a written agreement that says "any claim" is subject to arbitration. 

4. Some variant of a small claims exemption, where applicable. Answer: I'm not being sued in a "small claims court."

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Yes! I walked into the courtroom, sat down, heard someone mumble my last name up front and I said "that's me" and he goes "your case has been dropped you can go". 

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Yeah, of course they could file again within a year, but do they generally do that and doesn't it make them look worse since they dropped it once? Also, what about my credit? If they lost the case can I dispute all bad reporting on their part or do anything to remedy that?

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On 3/14/2018 at 4:43 PM, Boo313 said:

@Mx-52010 Hi! This is awesome information. I'm fighting the same battle. I was told by another member as well to prepare for MTC. @Clydesmom told me to read the threads and this one hits home.  I wanted to know that since I have approximately 17 days from today to submit an answer, in which it is that I deny, should I file a MTC the same day that I go to file my answer? I noticed that you stated to send it to the lawyer of Midland. Therefore, I have to make sure the lawyer has it before the hearing, correct? Or are you saying just inform them in writing that I intend to file MTC?

Not if you are in GA Magistrate.  It's best to start your own thread so this doesn't get confused with info from OP's info.

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13 hours ago, Mx-52010 said:

Yeah, of course they could file again within a year, but do they generally do that and doesn't it make them look worse since they dropped it once? Also, what about my credit? If they lost the case can I dispute all bad reporting on their part or do anything to remedy that?

They COULD, but realistically they very likely won't.  They know you will just MTC arbitration again anyway.

Unfortunately, no, this won't be helpful to remove from your credit reports because it was a voluntary dismissal.  You will just have to find the errors and dispute them and sue them if they verify inaccurate info :)

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I'd like to know more about this. After Dismissal or Non-Suit, what's the next step? Did I actually persevere or is it just going to roll back to Midland and they will still report bad debt etc? I mean, the debt was mine, I don't know how I could sue and have them lose if they have evidence. Should I dispute and attach court records or motions to non-suit or is that useless? 

 

Just would like to know where it ends..? 2021 (after 7 years)?

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8 minutes ago, Mx-52010 said:

I'd like to know more about this. After Dismissal or Non-Suit, what's the next step?

You wait for it to fall off your credit reports.  A non-suit dismissal is NOT a ruling by the court that you do not owe the money.  

9 minutes ago, Mx-52010 said:

Did I actually persevere or is it just going to roll back to Midland and they will still report bad debt etc?

Midland will report to the bitter end because it is their last weapon.  They know you may need or want more credit in the future and would possibly have to deal with them to get it.

9 minutes ago, Mx-52010 said:

Should I dispute and attach court records or motions to non-suit or is that useless? 

Unless you have a ruling by the court that you do not owe the debt disputing its pointless.  The court records of a non-suit are useless for deletion.  The bureaus will not delete based on that.

 

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20 minutes ago, Mx-52010 said:

After Dismissal or Non-Suit, what's the next step?

Legally they can keep reporting until the 7 year mark. It won't hurt anything to dispute it with the credit bureaus anyway, and you might get lucky. 

Worse case, if you have a new dispute with them, over the way they are reporting the debt for example, you can take them back to arbitration over it. I know I'd delete over paying $5,000 in arb fees. AAA rules preclude the arbitrator from reallocating Midland's fees back to you, provided your arbitration demand is in good faith, so only do this if you have a legitimate dispute.

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yeah it's not in good faith really, it's just a loophole and I hate JDB's. Well, I guess now I just try and dispute, and wait. See if some other jackass shows up at my door with papers. With Cavalry, I didn't even go to court and MTC arbitration. I just got a letter from their lawyers saying that they had already gone to a court and it was an order of Non-Suit. It did not state with or without prejudice. Should this be of concern? 

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19 hours ago, Mx-52010 said:

yeah it's not in good faith really, it's just a loophole and I hate JDB's. Well, I guess now I just try and dispute, and wait. See if some other jackass shows up at my door with papers. With Cavalry, I didn't even go to court and MTC arbitration. I just got a letter from their lawyers saying that they had already gone to a court and it was an order of Non-Suit. It did not state with or without prejudice. Should this be of concern? 

You are only thinking about today.  I am talking about checking on it periodically to make sure they are not reporting any inaccurate information (check all 3 reports, compare them very carefully including all amounts and dates).  If they report something wrong and do not correct it after a dispute to the CRAs, that is when you definitely have "good faith", however, I would just sue and no bother with arbitration since they will ignore it and require you to file a PTC in court anyway.  That is how you can leverage this debt away and off your credit report sooner than the 7 year mark, if possible.

The non-suit is "without prejudice".  Only a judge can rule "with prejudice" and this wasn't that type of dismissal.  As of now, the lawsuit is dead and I would not worry about it any more.  You know what to do if they (or any other JDB) sues again in the future.  Until then, I would just be watching them like a hawk for potential mistakes and violations that can be used for leverage should you need it.

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