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1st I would like to thank everyone here for these forums because if it weren’t for all of you, I would have hired an attorney (that I cannot afford) or just not show up in court! These forums have helped me A LOT. However, I’m confused on what to do next. Up to this point, I’ve filed my answer denying the debt & also filed a request for production. So far, Midland’s attorney has 2 days left to answer my request. So my question is, what if they don’t comply? I’m confused on what to do next. Do I file a motion to compel or is it possible to ask for a dismissal? Our court date is in 3 weeks. I’m in Ohio. Can anyone please help me with this?

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Was it a Comenity credit card?  I believe those have an arbitration clause in them.

If this were me, I would get a hold of my card agreement and check the arbitration clause.  I would then motion the court to compel arbitration and just hope that the court does not say that I waived my right by participating in discovery.  Midland refuses to use private arbitration and almost always dismisses the case when ordered to arbitrate by a court.

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There is an arbitration clause in the card agreement, I found it online. However, I have no idea where to even begin to or how to type up a motion for arbitration, what to include or not to include, etc for the court. I’ve searched online & can’t find a rough draft or anything 😳

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Was the subject Comenity account originally held by Webbank (Bill Me Later)?  A recent fdcpa class action survived defendants' (including midland) motion for summary judgment because, in collection efforts, Comenity was listed as the original creditor when it was Webbank.  It is not clear if Comenity's acquisition of Webbank's accounts was a purchase.  Defendants argued that it was some sort of name change.

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7 hours ago, Xerxes said:

Was the subject Comenity account originally held by Webbank (Bill Me Later)?  A recent fdcpa class action survived defendants' (including midland) motion for summary judgment because, in collection efforts, Comenity was listed as the original creditor when it was Webbank.  It is not clear if Comenity's acquisition of Webbank's accounts was a purchase.  Defendants argued that it was some sort of name change.

No, it wasn’t for PayPal. 

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Hi Moni.....I also am from Ohio and just had 5 court cases dismissed from Midland all with the help of this site.  I am far from knowing much but would be willing to help you step by step because I know how confusing it truly is.  Three of those court cases I decided to try arbitration, within days of JAMS receiving my demand and them answering me....Midland dismissed 2 of the court cases.  The 3rd the attorney decided to see if I would not show up for the pre-hearing (I wouldn't have missed it), she was a no call, no show and judge dismissed case immediately.  Just breathe and you will get through this with the help of the people on this site.

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