keepingitsimple

CA Resident - Midland Credit Management - PRE LEGAL NOTIFCATION

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11 hours ago, keepingitsimple said:

@1stStep 

Hi, so should I just send that denial form, and exclude the actual response I had written, or take both?

Use the denial form only.

Since your court offers an easy denial form for an answer, I would fill it out and set it aside until time to file it just before your 30 day deadline.  I would now start working on your Motion to Compel.  Waiting until close to your deadline to answer gives you that extra time to get your MTC in order.

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On 1/22/2019 at 3:27 AM, fisthardcheese said:

Use the denial form only.

Since your court offers an easy denial form for an answer, I would fill it out and set it aside until time to file it just before your 30 day deadline.  I would now start working on your Motion to Compel.  Waiting until close to your deadline to answer gives you that extra time to get your MTC in order.

hi @fisthardcheese

ok, I'll go ahead and fill the form out and wait.

I'll draft up an MTC and post it here within the next few days for your feedback. Thank you again for all the help!

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hi all and @fisthardcheese

I have attached my motion to compel arbitration as well as my answer.

Could you take a look? 

@fisthardcheese I added a few of your sections from the arbitration guideline. Section 7-8-9. Do you think I need those, or will the card terms themselves suffice? I didn't upload the actual card terms, but would include them as my exhibits. 

Also, on my answer, it has a section for affirmative defense, which I listed the paragraph you mentioned in the guideline. 

Also, I have not yet filed anything through AAA. Should I do this now, or wait to see if arbitration is approved?

Please let me know if I should remove/add/edit anything. Thank you!

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On 1/28/2019 at 5:00 AM, fisthardcheese said:

It looks to me that Paragraphs 4 and 5 are not really needed.  Everything else looks good.

Awesome... @fisthardcheese Should I file AAA now or should I wait until the judge sees my motion and wait for his decision?

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On 1/30/2019 at 10:48 AM, keepingitsimple said:

Awesome... @fisthardcheese Should I file AAA now or should I wait until the judge sees my motion and wait for his decision?

Wait until the judge grants your MTC.  However, if there is going to be a hearing on the MTC, I would fill out the AAA Demand form and bring 3 copies to court with you to show the judge that you are ready to file that same day.  Sometimes the other side tries to say that you should have already filed or that you are not serious about arbitration.  Having the ready-to-mail form will show the judge that you are prepared and are just waiting for the court's permission (i.e. grant your MTC).

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On 2/3/2019 at 4:42 AM, fisthardcheese said:

Wait until the judge grants your MTC.  However, if there is going to be a hearing on the MTC, I would fill out the AAA Demand form and bring 3 copies to court with you to show the judge that you are ready to file that same day.  Sometimes the other side tries to say that you should have already filed or that you are not serious about arbitration.  Having the ready-to-mail form will show the judge that you are prepared and are just waiting for the court's permission (i.e. grant your MTC).

ok, awesome.. will do! I'll update everyone throughout the process. Will file my answer and MTC tomorrow.

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Hi all and @fisthardcheese

Just updating everyone:

Filed my general denial today and my MTC for Arbitration. I set the hearing for MTC for the first week of March. Will send out Midland's copy of the documents tomorrow.

In between now and the MTC hearing, is there anything else I should do? Is there anything I should expect to happen until then?

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12 hours ago, keepingitsimple said:

In between now and the MTC hearing, is there anything else I should do? Is there anything I should expect to happen until then?

Keep an eye on the docket online if possible and watch for the other side to file an opposition to your MTC.  If they do, you only have a limited time to respond to that.  Let us know what it says and you can get help on how to counter their points.

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6 hours ago, fisthardcheese said:

Keep an eye on the docket online if possible and watch for the other side to file an opposition to your MTC.  If they do, you only have a limited time to respond to that.  Let us know what it says and you can get help on how to counter their points.

Ok will do! Thank you!!

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hi all and @fisthardcheese

So I just checked online to see if there is anything new, and it's showing my answer, MTC, and proof of service was filed.

I filed the MTC yesterday and scheduled the hearing for the first week of March, and that same day, another hearing was set for a Case Management Conference for the first week of April.

What is that, and is it good/bad?

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12 minutes ago, keepingitsimple said:

hi all and @fisthardcheese

So I just checked online to see if there is anything new, and it's showing my answer, MTC, and proof of service was filed.

I filed the MTC yesterday and scheduled the hearing for the first week of March, and that same day, another hearing was set for a Case Management Conference for the first week of April.

What is that, and is it good/bad?

It is probably an auto generated conference by your court when cases are filed to ensure they don't just sit dormant for a year.  It's nothing to even think about for now. Only worry about getting your MTC granted in March.

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20 minutes ago, fisthardcheese said:

It is probably an auto generated conference by your court when cases are filed to ensure they don't just sit dormant for a year.  It's nothing to even think about for now. Only worry about getting your MTC granted in March.

ok awesome. Thank you again for taking the time to help so much! Will update everyone when something else pops up.

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@fisthardcheese 

Hi all,

So I had my hearing today for my MTC arbitration. My MTC was granted.

Midland's attorney was there and they did not object, so the judge granted arbitration. 

I'm a little weirded out that they didn't object, is there a reason why?

Also, what should I do now? I believe CitiBank is AAA. 

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On 3/7/2019 at 12:00 PM, keepingitsimple said:

@fisthardcheese 

Hi all,

So I had my hearing today for my MTC arbitration. My MTC was granted.

Midland's attorney was there and they did not object, so the judge granted arbitration. 

I'm a little weirded out that they didn't object, is there a reason why?

Also, what should I do now? I believe CitiBank is AAA. 

@BV80 @RyanEX @sadinca 

bump - Any thoughts?

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sorry, i know almost nothing about arbitration. just because the did not object to arbitration doesn't mean they will actually follow through. perhaps @fisthardcheese will have more insight on this matter. 

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On 3/7/2019 at 1:00 PM, keepingitsimple said:

I'm a little weirded out that they didn't object, is there a reason why?

Sometimes they object, sometimes they don't. Don't worry about it and just move forward with initiating arbitration with AAA. They will dismiss once you pay the $200 filing fee, if not before.

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8 hours ago, Harry Seaward said:

Sometimes they object, sometimes they don't. Don't worry about it and just move forward with initiating arbitration with AAA. They will dismiss once you pay the $200 filing fee, if not before.

Ok will do. From what I've read, once I file for arbitration, I'm now the plaintiff and they cannot dismiss unless we come to mutual terms. If my terms are for my debt to be wiped away and case dismissed in prejudice, could they do anything about that other than object?

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36 minutes ago, keepingitsimple said:

Ok will do. From what I've read, once I file for arbitration, I'm now the plaintiff and they cannot dismiss unless we come to mutual terms. If my terms are for my debt to be wiped away and case dismissed in prejudice, could they do anything about that other than object?

Do you have your own claims against them in arbitration? That's the only way you could be considered the plaintiff now. 

Assuming you are just arbitrating their claims and have none of your own, they can ask the court to dismiss their lawsuit. The only reason the court wouldn't grant this request of theirs is if you had a really good reason. 

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16 hours ago, Harry Seaward said:

Do you have your own claims against them in arbitration? That's the only way you could be considered the plaintiff now. 

Assuming you are just arbitrating their claims and have none of your own, they can ask the court to dismiss their lawsuit. The only reason the court wouldn't grant this request of theirs is if you had a really good reason. 

Well I'm definitely filing my own claims against them, I won't post the reasons here in case they're snooping. Especially after reading @fisthardcheese post regarding arbitration, there's no way I'm not doing that.

Something else just happened. Yesterday, I received papers in the mail sent from midlands attorney for our case management hearing which was set for April. They sent it to me dated the day after we had our initial hearing where the judge granted my MTC arb. That case management hearing has since been removed from the court dockets and the next hearing isn't scheduled for another 7 months. Should I disregard these papers, especially since its no longer listed on the court docket? 

I wonder why they served these papers, were they thinking the judge wouldn't grant the MTC? And if so, then why not object to it? Very confusing. 

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1 hour ago, keepingitsimple said:

Well I'm definitely filing my own claims against them, I won't post the reasons here in case they're snooping. Especially after reading @fisthardcheese post regarding arbitration, there's no way I'm not doing that.

I would caution you that the AAA (and JAMS) rules provide that the arbitrator can reallocate Midland's arb fees back to you if he/she finds your claims to be frivolous. If you force Midland to the point that they have no choice but to pay their fee, there's a much greater chance they will take this all the way to a ruling. And if the arbitrator rejects your claims, Midland's will ask for a finding that your claims against them were frivolous. And they will make it crystal clear they tried to settle with you before you forced them to pay their portion of fees. 

Using arb to leverage a dismissal is one thing. Being a hardazz for no real reason is a whole different animal. 

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6 minutes ago, Harry Seaward said:

I would caution you that the AAA (and JAMS) rules provide that the arbitrator can reallocate Midland's arb fees back to you if he/she finds your claims to be frivolous. If you force Midland to the point that they have no choice but to pay their fee, there's a much greater chance they will take this all the way to a ruling. And if the arbitrator rejects your claims, Midland's will ask for a finding that your claims against them were frivolous. And they will make it crystal clear they tried to settle with you before you forced them to pay their portion of fees. 

Using arb to leverage a dismissal is one thing. Being a hardazz for no real reason is a whole different animal. 

I do believe I have valid claims against them. 

However, if I didn't claim anything against them, wouldn't they just settle without prejudice, then file a suit at a later date? Whats your take on that?

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2 minutes ago, keepingitsimple said:

if I didn't claim anything against them, wouldn't they just settle without prejudice, then file a suit at a later date?

A.) They know you would be hitting them with arbitration again if they did sue you again,  and B.) We have NEVER seen a JDB come back for more.

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