Mloske

Help needed ASAP!! Midland lawsuit Ohio

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2 hours ago, upcycleliving said:

Judge granted the MTC on March 23rd ...

Technically, the decision made on the 23rd is the Magistrate's report and recommendation.  Barring any objection, it will be approved and adopted by the judge two weeks after the date of the decision.

The motion isn't really granted until it is, which should be on April 6th, if there isn't any objection.  Since Plaintiff didn't oppose the original motion, they probably won't oppose the Magistrate's recommendation.

 

2 hours ago, upcycleliving said:

... on March 29th these people file a certificate of service with the court saying they mailed a copy of the request for admissions to OP

They still could have mailed the discovery requests closer to the date of the Magistrate's decision and filed the certificate of service later.  OP can check any date on the discovery documents for a better idea.  OP should object, but not worry about it too much, especially if April 6th rolls around and the recommendation is approved and adopted by the judge.

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Because of the Appeal option that was stated in the judge's order granting your MTC states they have until April 6, I would wait until April 6 to see what they do.

However, if on April 7 they have not filed any type of appeal or objection to the granted MTC, then I would immediately file an objection to discovery that says that this court stayed this case and ordered the parties to arbitrate this matter on XX date and that Plaintiff's filing of discovery violates this court's stay.

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26 minutes ago, fisthardcheese said:

Because of the Appeal option that was stated in the judge's order granting your MTC ...

Not to make too fine a point of this, but the decision is not really an order (yet) or authored by the judge:

 

Quote

Based on the forgoing, it is the recommendation of the magistrate that the defendant's motion to stay pending arbitration be granted.

This decision will be adopted and approved by the judge unless any party files a written objection within 14 days.

Note the future tense.  Note the distinction between the magistrate and the judge.  The Magistrate is not making a recommendation to himself, he is making it to the judge.

Magistrates are non-elected judicial officers appointed by judges to handle certain civil and criminal cases. They conduct proceedings just as a judge would, but certain decisions of the magistrate are not final or effective until they are reviewed and adopted by a judge. See here.

 

26 minutes ago, fisthardcheese said:

... states they have until April 6, I would wait until April 6 to see what they do.

However, if on April 7 they have not filed any type of appeal or objection to the granted MTC, then I would immediately file an objection to discovery that says that this court stayed this case and ordered the parties to arbitrate this matter on XX date and that Plaintiff's filing of discovery violates this court's stay.

That seems right.

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Looks like the judge has now approved the magistrates decision and given the OP until April 23rd to commence the arbitration.

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What all do I need to turn in or do by Monday? I know last min.. wishing I would have started this back when I submitted my MTC 😑.. Haven’t have time since I found that it was granted .. now I’m up against the clock!! 😫 Any help or templates to use would be greatly appreciated!!! Thank you all so much for helping me get this far!! 

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18 hours ago, Mloske said:

What all do I need to turn in or do by Monday? I know last min.. wishing I would have started this back when I submitted my MTC 😑.. Haven’t have time since I found that it was granted .. now I’m up against the clock!! 😫 Any help or templates to use would be greatly appreciated!!! Thank you all so much for helping me get this far!! 

Fair warning to all reading ... this is a horrible strategy.  If you file a motion, fight the opposition and argue to the judge that your motion should be granted and the case moved to arbitration, and then the judge grants your motion, you are doing nothing but a disservice to yourself by waiting any length of time to file the JAMS/AAA case.

Filing an arbitration case is the easiest process in this entire ordeal.  it literally requires filling out a one-page document and then printing 2 copies of it along with 2 copies of the card agreement and putting them in the mail.  DO NOT DELAY THIS PROCESS if you want to win.

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6 minutes ago, Mloske said:

It wasn’t by choice to wait until last min... 

You don't need to convince us.  We are not judges in your case.  I honestly hope it is not too late for you.  If there is some compelling reason why you haven't been able to do this, talk to the judge about it.  Not us.  

 

You can sometimes file electronically.  Check out that option.  Make sure anything you have is faxed and emailed to the other side, and filed in person with court tomorrow morning.  

At this point, any delay means you are giving up.  

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2 hours ago, Mloske said:

It wasn’t by choice to wait until last min... 

It is up to you how important you rank this lawsuit against you, but if you've been sleeping 6 - 8 hours most nights for the last 15 days, then I would consider myself as having time to print the paperwork and drop them in the mail.  I am only pointing out how potentially fatal it can be to one's case by delaying what the judge orders you to do.

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I actually sleep about 3 hours a night, most of the time going on 36- 40 without sleep. I am in school, work full time in the ICU (work on anything I can on my breaks), working on this lawsuit, then on top all that I am fighting my son's school for an IEP, he is Autistic with Tourettes, yet because his IQ is freakish high, they are going around in circles with me. I can’t catch a break.. I assure you, every waking hour I am working on something. My priorities are in order, my son needs my help, my school work comes next, unfortunately this lawsuit falls under them. So judge me if you please, but I’m barely keeping myself afloat.I sleep about 3 hours a night, most of the time going on 36- 40 without sleep. I am in school, work full time, working on this and as well as  fighting my son's school for an IEP, he is austic and has tourrettes, yet because his IQ is freakish high, they are going around in circles with me, and all of all his appts, I cant get a break.. I assure you, every waking hour I am working on something. my priorities are in order, my son needs my help and my school work comes next.. unfortunetly  

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@Brotherskeeper, I did thank you! So i am little confused with these two sections...  Is it just one sentence that i need?

  • Nature of Dispute & Claims Sought: Federal and state consumer debt collection law violations, Seeking Actual, Statutory and Punitive Damages.
  • Amount in Controversy:  How much do I put here? 

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4 minutes ago, Mloske said:

Amount in Controversy:  How much do I put here? 

Fisthardcheese recommends the following:

  • Amount in Controversy:  Use your best judgement.  If you have no violations to claim against them, this could be the alleged debt amount, or it could be the alleged debt amount plus $1,000 for an FDCPA violation, or the debt amount plus $2000 for an FDCPA and FCRA violation.  Or perhaps you don't want to list the debt amount at all and just have 10 TCPA call violations and want to claim $5,000 (10 TCPA x $500). Again, use your best judgement.
5 minutes ago, Mloske said:

Is it just one sentence that i need?

  • Nature of Dispute & Claims Sought: Federal and state consumer debt collection law violations, Seeking Actual, Statutory and Punitive Damages.

Sorry, I haven't gone through your thread. Do you have any plausible consumer debt collection violations? Remember you can change your claim later.  Fisthardcheese says you can also include "billing dispute" in your initial claim.

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@Mloske This quoted section is from the Agreement you posted. 

"8. Location and Costs of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to."

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So how do I calculate what fees? The debt is 1186 for one and 821.04 for the second claim.. both from same law firm, both are midland, 2 different attorneys

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@Mloske These are 2 consolidated claims but only one motion to compel for $821? (Sorry, I don't have time to reread this thread.)

From Linda7's pinned arb thread:

 

"Nature of Dispute - Consumer Arbitration, Consumer law violations and other torts (Or if you already know some of your violations, like FDCPA, FCRA, TCPA, violations of your state's consumer laws, breach of contract, etc., you can list it like that)."

[You could put something like this: "Consumer debt dispute; federal and Ohio consumer debt collection law violations.Will be detailed in the formal complaint which will be filed in accordance with JAMS Rules. All respondents will be named in the formal complaint.]

"For Claim and relief - Statutory and actual damages and other relief will be detailed in the formal complaint."

"Read your agreements! In some agreements, it says the creditor "will" advance or pay your fees. In that case, you don't send in any money, but tell JAMS and quote from the agreement where it says the other side will pay and also be sure to mention in your election of arbitration letter to the creditor and/or attorney that pursuant to the cardmember agreement, I am requesting the advance of my fees to initiate arbitration."

Make certain you follow Fist's instructions to attach the judge's order granting the motion to compel.
 

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1 hour ago, Brotherskeeper said:

Make certain you follow Fist's instructions to attach the judge's order granting the motion to compel.

Oops, this is not necessary for JAMS as long as you attach the contract with the arbitration clause. If you're filing in AAA with Midland, you should include a copy of the order compelling them to arbitrate.  

Looks like there's a difference of opinion on attaching the court order to compel to the JAMS filing. Some say yes; others say not necessary. 

Edited by Brotherskeeper

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