lp75116

Being Sued by Midland in JP Court

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I am being sued by Midland.  I filed an answer in April and case is set for May.  Any suggestions or guidelines where I can look? This is a purchased debit that was bought for a lot less than what is being asked for.  Is there anyway to argue that I should only pay the amount the debit was purchased for?  The document attached to petition is  redacted.  I thought if judge grants permission to conduct discovery, I could subpoena the records, but the documents provided may be redacted.  I will be calling the court to ask what requirements are for discovery?  Does anyone have any forms?  Has anyone gone to court lately?  Any information and or suggestions would be appreciated.  

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You are off on the wrong track.  Nobody cares how much they paid for the debt.

 

First things first -- who is the original creditor?  

 

You need to get a copy of the card agreement.  You can find them online at CFPB.  

If you fight them in court, you will probably lose.  If there is an arbitration agreement in the credit card agreement, you may be able to take them to arbitration.  Unless there is a small claims exemption, then you can't.  

If there is no arbitration agreement, you will need to fight this in court, but you will lose.  Your goal in that case should be to try to get as good a settlement as possible BEFORE there is a judgment against you.  

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7 hours ago, lp75116 said:

 Is there anyway to argue that I should only pay the amount the debit was purchased for?

Successfully?  NO.  Basic contract law states that when they purchased the account they bought ALL the rights and responsibilities.  That means what they purchased it for is between them and the OC.  The amount you owe still remains due and the purchase price is irrelevant to any claim against you.  Midland has the legal right to collect the full amount you owe and any expenses provided for contractually in collecting.

7 hours ago, lp75116 said:

 I thought if judge grants permission to conduct discovery, I could subpoena the records, but the documents provided may be redacted.

Depends on what documents you want.  

7 hours ago, lp75116 said:

 I will be calling the court to ask what requirements are for discovery?  Does anyone have any forms?  Has anyone gone to court lately?

WHICH JP court?  GA? AZ? TX?  It makes a big difference.

Who is the OC?   How much approximately is the debt?  

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It is Texas JP court and counsel for midland is 

firm out of Houston w p o box address

kristy gabrrelova

brian stanley

michael young 

Tim elder

Dollar amount is approx 2k for barclays

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34 minutes ago, Clydesmom said:

Successfully?  NO.  Basic contract law states that when they purchased the account they bought ALL the rights and responsibilities.  That means what they purchased it for is between them and the OC.  The amount you owe still remains due and the purchase price is irrelevant to any claim against you.  Midland has the legal right to collect the full amount you owe and any expenses provided for contractually in collecting.

Depends on what documents you want.  

WHICH JP court?  GA? AZ? TX?  It makes a big difference.

Who is the OC?   How much approximately is the debt?  

The debit is approximately 2k and belonged to Barclays 

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OK, you have a homework assignment to do.

Get a copy of the Barclays credit card agreement.  The one I had was very old and was tossed long ago.

You need to see if they have an arbitration agreement, and what it says about small claims court.  

Maybe someone else will chime in.  

IF there is an arbitration agreement, and IF there is NO small claims exemption, then you can use the arbitration strategy, but you need to get to work on it ASAP.

Otherwise, your only hope is to negotiate a settlement before the court date.  

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Attached is the petition that I have been served with.  An answer has been filed and the case is already set for May 8th.   I made contact w/the court and will be asking for permission to conduct discovery.  Has anyone here gone to trial and have actually won?  If so, what steps did you take up to the time of trial?   I am just debating if it maybe worth trying to come to some type of agreement.  I am just not sure what grounds I may have to actually win.  Appears, they did everything that they were suppose to do.  I am attaching a copy of the petition to see if anyone may provide me w/some insight as to Midland maybe not doing something accurate.   The only thing that i can see is that not all statements were provided and therefore, I am not sure of the exact amount owed.   Appears, at least 800 bucks may have been in late payment fees.  Does anyone know if there is any book/outline to follow for these type of cases.   Any information that I can obtain will be appreciated. 

Petit_Scanned_from_a_Xerox_Multifunction_Printer_Redacted.pdf

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6 hours ago, lp75116 said:

I do not have it so do I request from Barclays 

When did you open the account, and when did you last pay on it? 

Here's a Barclay's agreement dated 12/2014.  If your account was active any time after this date, this agreement will apply.
creditcardagreement_11508.pdf

This agreement is pure gold for you.  It says they will pay your arbitration fees and "under no circumstances" make you pay their fees.  No way they will pay $5,000+ to arbitrate a $2,000 debt they paid $100 for. Midland will drop this case like a hot rock as soon as they are ordered into arbitration.

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I agree with Harry. Arbitration is the way to go here.  Read the link in my signature to learn how and why arbitration works on cases like this and to find a sample of the Motion to Compel Arbitration that you will likely need to file to ask the court to move this case into arbitration.

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The account was opened on 09/16/2006

charged off on 10/29/2015 

last payment on 03/09/2015

could that contract be used.  I am thinking so since account was still active, correct?  Does anyone have motion that I may reference ? 

 

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3 hours ago, lp75116 said:

I do not see the link.  Do I feel the arbitararion motion and requesr the court to allow discovery

(I am not a lawyer.)  If you intend to petition (motion) the court to compel the parties to arbitrate the dispute, you should probably not file discovery requests. Doing so under your state's rules may waive your right to arbitration. You need to understand your rules before you take action. If you simply cannot locate a copy of the Barclays agreement, a very limited discovery request for production of the agreement from plaintiff may be allowed under your rules. 

Click on this excellent link:

@pockets66 is in Texas:

 

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I would use the Barclay's agreement that @Harry Seaward provided. It falls in the correct date for your account.

There is a link below in my signature and @Brotherskeeper also posted it above.  Arbitration will work, but you have to follow the proper steps to get there.  You must find your court's rules and make sure you follow them in regards to filing any motion and your answer.

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Yes, thank you so much for the link.  I have printed the rules and will start reading.  Some of the cases cited were blank so I have some research to do.   I have prepared a draft and will see what happens. I have also amended my answer to reflect the jurisdiction is not proper in JP Court.   Do you happen to know of  book  that has guidelines to follow for these type of cases.?   I know w the rules of civil procedure there is guidelines for you to review.  I also search last night for other sample motions but did not find any.  I appreciate everyone’s help

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