Smitten27

Midland Credit /Cooling Water filed a Civil Claim against me

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This is my first time being sued for a credit card. It’s Midland Funding but Cooling Winter is representing them in this case. I was served papers , I due owe Jcpennys. I contacted Cooling Winter the attorney. I contacted this law group April 17, spoke to a person that is handling my account . We both agreed for a settlement pay off and I request to have this payoff sent to me by mail. I haven’t received a letter in the mail for the payoff. I contacted The attorney office again spoke to the person that handling my account she claims that she tried to call me because I’m refinancing my house and she received a note ? I’m like lady I don’t know what your talking about. All I know is that you were suppose to send me the settlement letter for JCPennys and I have no clue about no refinancing my home . Today I did file an answer to the court and noted  that I have contacted the attorney representing Midland Finding for a settlement of 1.073.00. However nothing was sent to my attention for the pay off a$$ of today. My response was submitted and the clerk said that I will receive a court day by mail. 

So do I need to proceed to call Cooling Winter back and aske for the settlement letter because the promise to pay is April 30th. Without the settlement letter I don’t want to send a payment and may wmd up paying more than agreed. 

Also the person at the attorney office file was not accurate they had my old address but when I was served papers by some random looking guy they have my correct address. 

Please let me know what I should expect next. 

 

 

 

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I looked up the JC Penney credit card account.  It is Synchronicity.

 

@Smitten27   It is too bad you didn't post BEFORE you answered the suit.  You may have messed up your case a bit.  Hopefully you can fix things.

First of all, the court doesn't care about the settlement.  If they never sent you a letter, or if it got lost in the mail, or whatever, you never had the settlement.  So putting that in your answer was a mistake.  Worse, the judge may see that as you admitting you owe the debt.  The court doesn't give a rat's behind about your settlement talks.

If you admitted to the debt in your answer, you will almost certainly lose the case.  The judge will rule against you, and you will have to pay everything.  

There MAY still be a way to get rid of them.  You can file a Motion to Compel arbitration in the court.  Make sure you do that long before the court hearing date.  There is a lot of information on that here.  This might still work, or it might not.  

 

Why?

Because Midland doesn't want to mess with arbitration.  It costs them far more money than they could get from you.  If you can get this into arbitration, they will probably abandon it, and you can walk away with paying nothing.

The problem is, if you admitted the debt in your answer, then the judge may just deny you the arbitration and rule against you.  I honestly don't know what will happen.  

 

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2 hours ago, BackFromTheDebt said:

The problem is, if you admitted the debt in your answer, then the judge may just deny you the arbitration and rule against you. 

The solution to this is simple. File an amended answer and leave out the part about the settlement. Most jurisdictions permit a party to file an amended pleading once within a few days (15 or so) of the original as a matter of course. If you pass that deadline, you'll have to get permission from the court.

I definitely agree that you should not let that agreement be a part of the court record. Otherwise, there's nothing stopping the court from granting judgment on the pleadings if Midland were to ask for it. 

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5 hours ago, BackFromTheDebt said:

You can file a Motion to Compel arbitration in the court.

PLEASE stop giving specific advice for states that you know nothing about.   Magistrate Court does NOT allow motions to be filed ahead of time.  It is trial by ambush.  There is absolutely NO reason to file a motion in advance.  In fact the clerk likely won't even take it.  

5 hours ago, BackFromTheDebt said:

Because Midland doesn't want to mess with arbitration.

No Midland does not but the OP needs to read the threads on this site on Midland/Cooling and Winter.  C&W is pretty cranky about arbitration and skilled at arguing against it because they have been defeated SEVERAL times on this issue with the MTC being granted.  The OP will need to do their homework and be prepared to stand up to them.

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