Do I file JAMS before or after MTC?

[OHPRO-SE]

I am so grateful that I found this website.  I have spent the past several days reading and studying on this site and google scholar.  I have a few questions about my next steps.  Before that, however, here is the information about my case:

1. Who is the named plaintiff in the suit? Midland Funding LLC

2. What is the name of the law firm handling the suit? No Firm, but there are 4 attorneys listed.  I believe they are Midland internal counsel

3. How much are you being sued for? $3000

4. Who is the original creditor? Synchrony/Wal-Mart

5. How do you know you are being sued? Served

6. How were you served? Mail CMRR

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None

9. What state and county do you live in? Ohio, Defiance County

10. When is the last time you paid on this account? 2014

11. When did you open the account (looking to establish what card agreement may be applicable)? 2010

12. What is the SOL on the debt? To find out: 6 years I think.  Account was opened in AR (3 yr SOL) but default happened after moving to OH (6 yr SOL)

13. What is the status of your case? Suit served? Motions filed? Suit served

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No

15. Did you request debt validation before the suit was filed? No

16. How long do you have to respond to the suit? Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have until June 10 to answer.  No interrogatory

17. What evidence did they send with the summons? 1. Complaint (Generic Midland complaint) 2. 2 statements (2014 and 2016)

I have my answer to the complaint prepared and ready to file.  I am planning to file a MTC and utilize the JAMS provision in the Synchrony agreement.  Since the lawsuit is in the municipal court, I will file my answer and MTC at the same time.  Here are my questions:

1. I have read through the 2018 Initiating Arbitration Sticky in the Arbitration forum and almost all of the threads regarding suits with Midland, those in Ohio, and MTCs.  I have found a lot of conflicting information regarding when to file the Demand for Arbitration with JAMS and the Respondent's Attorneys.  Should I wait until the MTC is granted, or should I file it at the same time as the answer and MTC?

2.  Should I go ahead and file my answer and MTC immediately , or wait until closer to the deadline?  I am concerned because I will be out of the country for a few weeks in early June, and I am afraid of having a hearing or deadline happen while I am out of the country.  Is there a legal document that I should file with the court or language to add to my answer to let them know that I will be out of the country?

I feel fairly confident that I can beat Midland, but I just want to make sure that I don't make a silly mistake.  Midland has filed over 100 suits against people in my particular court since 2016, and, as far as I can tell, only 6 people have answered the complaint.  In each case, Midland folded.

Thanks in advance for any advice.

EDIT: I’ve changed the title to better reflect question

Edited May 24, 2018 by OHPRO-SE
Better title for question

[fisthardcheese]

On 5/22/2018 at 10:04 AM, OHPRO-SE said:

1. I have read through the 2018 Initiating Arbitration Sticky in the Arbitration forum and almost all of the threads regarding suits with Midland, those in Ohio, and MTCs.  I have found a lot of conflicting information regarding when to file the Demand for Arbitration with JAMS and the Respondent's Attorneys.  Should I wait until the MTC is granted, or should I file it at the same time as the answer and MTC?

2.  Should I go ahead and file my answer and MTC immediately , or wait until closer to the deadline?  I am concerned because I will be out of the country for a few weeks in early June, and I am afraid of having a hearing or deadline happen while I am out of the country.  Is there a legal document that I should file with the court or language to add to my answer to let them know that I will be out of the country?

1.  It only matters for small, minute reasons.  My opinion is to wait for a granted MTC but to have your JAMS paperwork ready to file and copies with you when you go to court (if you have a hearing on the MTC). For me, this eliminates issues with JAMS potentially working faster than the court and closing the JAMS case due to Midland ignoring them before your MTC is even heard or granted by the court.  Not that this is detrimental, but just extra steps and annoyance that seems needless and easy to avoid.

2.  It is rare courts would work that fast.  Generally any hearing is scheduled for at least 30 days away if not much more.  However, you can always ask the clerk when you file the answer to set a hearing date for after June.  They may or may not cooperate, but attorneys ask for specific time-frames all the time when they file things.  Just be overly polite (and know what you are doing when going in - have all your filings completed and perfect so they don't have to do work or correct items) and then say something like "I am hoping it would be possible we can set this date for after June due to previous engagements I have in June".   It's worth a shot, IMO.  And if necessary you can always also ask the judge for a continuance (or get the other side to agree to one even).  This shouldn't really be a huge problem.

[OHPRO-SE]

Thank you for your response.  I filed my answer and MTC with the court (and sent copies to plaintiff attorney) on Friday May, 25th.  The clerk said the judge would look over the MTC and she would let me know if he wanted to schedule a hearing.  I just checked the court website and it said my MTC was granted on the 29th.  I have my JAMS paperwork ready to file and plan to go get a copy of the order granting the stay and MTC tomorrow. Then I will head to the post office and mail the paperwork to JAMS.

For the proof of service for JAMS, will my copy of the green CMRRR slip count or must I wait for the actual signature card to come back?  

I want to get the ball rolling, but don’t want to make a mistake.

I am surprised the judge granted the motion without giving midland a chance to respond.

[fisthardcheese]

I am also very surprised that the judge granted your MTC that quick. 

When I file in JAMS, I simply add a "certificate of service" page.  This page just says that I certify that I served a copy of all the foregoing documents to the other side and I sign it.  JAMS has never asked for any further proof of service.  I then retain my certified receipt and green card as evidence just in case the other side attempts to argue that they were not properly served.

[OHPRO-SE]

Thanks.  I went back and read the master arbitration sticky and saw that I could just provide the certificate of service.  I sent in the JAMS demand to the local center and MCM attorneys on Friday with the granted MTC.  Now I'll sit and wait.

[OHPRO-SE]

Update:  just got the initial email from JAMS stating that my claim met the minimum standards.  So I’m assuming this means that arbitration has commenced.

Since the MTC was granted by the judge before Midland could object or respond, is there still a chance they could appeal the granted motion?  This is all moving a lot faster than I expected.

[Goody_Ouchless]

Playing devil's advocate, but doesn't the Synchrony agreement state that the plaintiff is to initiate in JAMS when an MTC is granted? If I was them, and interested in causing trouble, I might argue that this is "your" arbitration if/when it came to assessment of fees/costs, since you initiated instead of them, per contract. I am probably completely off base here, but there has been a slight, but noticeable, change lately in terms of some OCs and debt buyers approach to arbitration.

We've had this debate for quite a while - is it best to initiate, to prove to court that you are "serious," or wait for them to "own" the case?

 

[OHPRO-SE]

I see your point.  There is a clause in the Synchrony agreement that says "If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith."

Since I asked them to pay for the fees, I would assume that they would have the burden to prove I am acting in bad faith. 

Granted, I may be wrong.

[fisthardcheese]

2 hours ago, OHPRO-SE said:

I see your point.  There is a clause in the Synchrony agreement that says "If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith."

Since I asked them to pay for the fees, I would assume that they would have the burden to prove I am acting in bad faith. 

Granted, I may be wrong.

That is for JAMS to decide.  I have not yet seen a case that JAMS requires a consumer to pay the $250 when the clause says this.  At worst, the Case Manager will say that the JDB can take up the issue with the arbitrator once appointed (after they pay the $1200 filing fee).

[nobk4me]

There is Ohio case law holding that the plaintiff has the responsibility to initiate arbitration:

 

https://www.supremecourt.ohio.gov/rod/docs/pdf/8/2012/2012-ohio-480.pdf

[OHPRO-SE]

So Midland still hasn’t paid the $1500 filing fee.  Jams has sent several emails asking their attorney to pay so that the arbitration should commence.  Should I offer mutual dismissal to MCM, or just wait to see what Jams does?

[Goody_Ouchless]

3 minutes ago, OHPRO-SE said:

Should I offer mutual dismissal to MCM, or just wait to see what Jams does?

Is there another status hearing scheduled? That's when Midland typically folds, but I don't think it would hurt to offer dismissal. This probably ended up on the bottom of someone's "too do list."

 

[OHPRO-SE]

19 minutes ago, Goody_Ouchless said:

Is there another status hearing scheduled? That's when Midland typically folds, but I don't think it would hurt to offer dismissal. This probably ended up on the bottom of someone's "too do list."

 

No status hearing scheduled.  Judge granted MTC 2 days after I filed my initial answer and MTC.  

[fisthardcheese]

If JAMS has given a final deadline for them to pay, then I might send an email about a week or 2 prior to that deadline date to the attorney only (do not copy JAMS) and give my offer of a mutual walk away.  I usually word it similar to this:  "In the interest of further time and expense, I would like to extend an offer of mutual dismissal with prejudice to your client.  I am willing to dismiss with prejudice my arbitration case with prejudice in exchange for your client dismissing with prejudice the XXXX Court Case, number XXXX.  This offer will expire on XX/XX/2018."  And I would make that expiration date of my offer to be the same date JAMS gives as the deadline to pay the fees.

I feel giving them the option on the same date gives the attorney a way to "save face" in a way with Midland by telling them he saved them a bunch of money or however he wants to spin it.  I have always found if you can help the attorney not look so bad to their clients, they may be more agreeable to a deal on your terms.