SkyStillSunny

Did a MTC Arbitration and Midland requested a Stay

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A little confused on a situation...

Served by Greene and Cooper representing Midland Funding (for OC Synchrony Bank - Discount Tire). I couldn't find the credit card agreement in the database for exactly Discount Tire, but I did find one similar for Care Credit for Synchrony Bank, and all the Synchrony Bank agreements indicate I have a right to request arbitration. I printed one out to take with me to the court hearing.

Attorney was there and basically harassed me to settle and mediate and told the judge I refused to mediate and that I didn't even file for arbitration yet and that she wanted to go to court. Well the magistrate was busy that day so they had to reschedule our hearing. Go back the next week, and she again tells the judge the same thing and I didn't even get a chance to say that I wanted to file a MTC arbitration. When it was our turn to see the judge she just requested a stay because she said the "defendant has yet to file for arbitration", and it was granted without me even getting a chance to even present my MTC for arbitration.

So now the hearing has yet again been rescheduled for this week, and my question is this. Do I need to go ahead and file for arbitration through JAMS or something and bring that with me to court? Or do I still wait until I get to actually present my MTC to the judge? The attorney is confusing me by saying that I haven't done anything yet? I'm scared the judge might deny my MTC if I haven't filed for arbitration.

Also, how can I get an actual copy of my cc agreement with Discount Tire thru Synchrony Bank? I thought it would have to be in the cc agreement database. Do I have to go through that attorney?

Appreciate any help! Thank you!

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7 minutes ago, SkyStillSunny said:

Go back the next week, and she again tells the judge the same thing and I didn't even get a chance to say that I wanted to file a MTC arbitration.

UGH.  In GA Magistrate Court you don't just show up and say you want to file a MTC.  You have 3 copies of the motion WITH YOU and request that the judge sign it there and then.  

8 minutes ago, SkyStillSunny said:

When it was our turn to see the judge she just requested a stay because she said the "defendant has yet to file for arbitration", and it was granted without me even getting a chance to even present my MTC for arbitration.

So now the hearing has yet again been rescheduled for this week, and my question is this. Do I need to go ahead and file for arbitration through JAMS or something and bring that with me to court?

Go ahead and open a JAMS case to show the judge you are serious about this and bring the 3 copies of the MTC with you and get them signed.

 

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6 minutes ago, SkyStillSunny said:

Also, how can I get an actual copy of my cc agreement with Discount Tire thru Synchrony Bank?

If it's not in the current list of agreements, further down is a list of archived agreements for prior years. These are big .zip files and you have to download the whole thing to find the one agreement you want. Sux, but it's the only way to get them directly from the CFPB website. 

 

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I did have 3 copies with me, but didn't get a chance to talk to the judge. I guess I should have said something, but I didn't know what to do since he just told me that he was granting the stay and that the case was going to be delayed and rescheduled for this week. Then he asked if I had any issues with that, and I just said no. Wasn't sure what to do.

Ok, I will go ahead and file the JAMS. Should I file the JAMS paperwork thru snail mail or do the online version? Does it matter?

And I did download the 2015 and 2016 archived versions, and didn't find them there either (cc agreements). I will try previous years to see if I can find them.

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6 hours ago, SkyStillSunny said:

When it was our turn to see the judge she just requested a stay because she said the "defendant has yet to file for arbitration", and it was granted without me even getting a chance to even present my MTC for arbitration.

Out of curiosity, have you seen the judge's stay order?   If so, is the case stayed pending a particular action?

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Thank you very much @Harry Seaward!

I will go ahead and file the JAMS today, just to be prepared for tomorrow in case the attorney mentions that I have done nothing to pursue arbitration. Even though the judge never looked at my MTC arbitration, or gave me an order to proceed with it, I guess I'll just go ahead and do it and see what happens.

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All this means is that Midland asked for an extra week to prepare for the hearing and the judge granted it. Nothing more. This was routine so even if you had objected, it would have been granted anyways. If fact, it was probably better that you had kept silent.

So bring all 3 copies to the court next week and try to make the motion again. If Midland tries to request another stay, then you object and state that the plaintiff is stalling and that you have a motion to be heard. Judge might still grant that stay but at least you now have it on record should you need to appeal.

You can file with JAMS if you want. You might want to call the opposing attorney first and try to see what the stay was about. If they refuse to tell you, then file with JAMS if you wish and move on to next week. Midland will not have a better argument to oppose arbitration next week anyways.

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Congrats. They might have come to the first hearing to see if you were serious and once you had shown up with copies of the MTC, they requested a stay and then bolted for the door never to return knowing that you were not backing down.

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Good work.

Just FYI for others reading in the future ... Georgia Magistrate does NOT work like any other court talked about on this website.  You do NOT need to necessarily have a granted MTC.  It is rare a judge does that in Magistrate.  You ONLY need to have the MTC with you when you first appear and ask for it.  If the judge issues a new court date or a stay, IMMEDIATELY file the arb case and continue to show up to every subsequent court hearing until the other side drops the case or is a no show like in OP's case here.

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