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Going against Midland Funding tomorrow Please Help


Mx-52010
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On December 13, 2017 at 6:39 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

The link to the arbitration template isn't working for me. Is this available somewhere else? Going to start my own thread soon but am reading through  related posts first.

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Finally realized the link wouldn't work because I didn't have the right program installed to open it. Now that I've got it downloaded I see that template is specific to the OP's state of Tennessee. I did get my own thread posted. Apologies for jumping in on this old thread!

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