keepingitsimple

CA Resident - Midland Credit Management - PRE LEGAL NOTIFCATION

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2 hours ago, keepingitsimple said:

Would it be silly to fax Midland's attorney and offer a settlement prior to filing arbitration?

Not if that make most sense for your situation. If this is making you crazy, what is peace of mind worth? Nothing wrong with seeing where they stand.

 

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6 minutes ago, Goody_Ouchless said:

Not if that make most sense for your situation. If this is making you crazy, what is peace of mind worth? Nothing wrong with seeing where they stand.

 

I wouldn't say it's making me crazy, but I do think at the very least, it will be an effort to settle, which I could use against them once arbitration begins (if they object). Their attorney knows the drill, and from her not objecting at all in court to my motion, all it says to me is she knows she'll get paid more once arbitration begins. However, I also don't want to give my cards away.

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27 minutes ago, keepingitsimple said:

I wouldn't say it's making me crazy, but I do think at the very least, it will be an effort to settle, which I could use against them once arbitration begins (if they object). Their attorney knows the drill, and from her not objecting at all in court to my motion, all it says to me is she knows she'll get paid more once arbitration begins. However, I also don't want to give my cards away.

If this is still with Midland, they are not going to follow you into arb. Once you file the arbitration proceeding and pay the fee and put the ball in their court, they will most likely contact you to discuss how they can get out of this case with as little pain as possible.

Also, JDBs tend to use a set fee structure for attorneys so the attorney gets paid regardless of the amount of time spent on the case. It works for the attorneys office because 95%+ of the cases are default that the attorney spends little time with. In this case, the attorney will not be able to add on to the bill so it will me more likely that they will want to get rid of you to deal with collecting on all the defaults.

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6 minutes ago, WhoCares1000 said:

If this is still with Midland, they are not going to follow you into arb. Once you file the arbitration proceeding and pay the fee and put the ball in their court, they will most likely contact you to discuss how they can get out of this case with as little pain as possible.

Also, JDBs tend to use a set fee structure for attorneys so the attorney gets paid regardless of the amount of time spent on the case. It works for the attorneys office because 95%+ of the cases are default that the attorney spends little time with. In this case, the attorney will not be able to add on to the bill so it will me more likely that they will want to get rid of you to deal with collecting on all the defaults.

Ya, that's what I've been reading too. I guess I'm just going to go ahead and file the arbitration and wait to see what happens. Any advice on filing? I know not to state any of their claims and just write whatever I'm claiming against them, but I'm wondering if there's any specific verbiage or keywords I should be using?

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On 3/20/2019 at 4:32 PM, keepingitsimple said:

I wouldn't say it's making me crazy, but I do think at the very least, it will be an effort to settle, which I could use against them once arbitration begins (if they object). Their attorney knows the drill, and from her not objecting at all in court to my motion, all it says to me is she knows she'll get paid more once arbitration begins. However, I also don't want to give my cards away.

You are over thinking this quite a lot.  Filing an arbitration claim is the easiest part of this entire process.  Just file it. AFTER you file and JAMS confirms the case, you will have leverage and the attorney will be asking YOU for a settlement to get out of it.

 

On 3/20/2019 at 5:10 PM, keepingitsimple said:

I'm wondering if there's any specific verbiage or keywords I should be using?

Nope.  Sending it in is the key part right now.

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7 hours ago, fisthardcheese said:

You are over thinking this quite a lot.  Filing an arbitration claim is the easiest part of this entire process.  Just file it. AFTER you file and JAMS confirms the case, you will have leverage and the attorney will be asking YOU for a settlement to get out of it.

 

Nope.  Sending it in is the key part right now.

You're right...I'll get it filled out today or tomorrow and apply AAA. I need to print the court order that shows it's going to arb.

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11 hours ago, keepingitsimple said:

You're right...I'll get it filled out today or tomorrow and apply AAA. I need to print the court order that shows it's going to arb.

If it is AAA, you can use their new online submission and save yourself the postage and printing costs.  You still have to print everything once to send to the attorney, but I would then just scan a pdf file of everything and upload that through the AAA web submission.

https://www.adr.org/simplefileandpay/faces/oracle/webcenter/portalapp/pages/SimpleFile.jspx;jsessionid=hA65XdVeNXXAGASGmGxFVzy08FU71phcOJ4iDe1pnuHLBIaNYqRc!1856196566?_afrLoop=1396868659853362&_afrWindowMode=0&_afrWindowId=null&_adf.ctrl-state=7pxyr1vxg_1#!%40%40%3F_afrWindowId%3Dnull%26_afrLoop%3D1396868659853362%26_afrWindowMode%3D0%26_adf.ctrl-state%3D7pxyr1vxg_5

In the "special notes" box, I would indicate that this is a CONSUMER arbitration case and that it is court ordered (and of course scan the court's granted MTC as part of your pdf file)

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Hi all,

I'm about to file my AAA but have a few questions. Here is the link to the form: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf

Do I need to have the AAA documents I e-file served to Midland's attorneys, or can I just send them via certified mail?

Also, on the AAA form it says briefly explain the dispute, I'm not sure if I'm supposed to put why we went to court, or what I'm personally disputing and my claims.

It also says "specify amount of money in dispute", again is that what midland is asking for, or is that what I am asking for (court fees, etc.)?

Do I mention in the explanation that Midland tried to sue me and that I asked for arbitration?

Lastly, under the "business" section, I put Midland, correct? Not the OC (Citibank)

I want to make sure I don't say too much or not enough.

 

EDIT: I reread everything @fisthardcheese has in his arbitriation strategy and answered my own questions. However, I still want to be 100% sure on two things:

1. Do I need to file something with the court that they've been served or include service papers with what I send Midland's attorneys?

2. Do I need to print and file these copies with the court, or is it 100% out of the courts hands for now - only send copies to Midland's attorneys?

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7 hours ago, keepingitsimple said:

EDIT: I reread everything @fisthardcheese has in his arbitriation strategy and answered my own questions. However, I still want to be 100% sure on two things:

1. Do I need to file something with the court that they've been served or include service papers with what I send Midland's attorneys?

2. Do I need to print and file these copies with the court, or is it 100% out of the courts hands for now - only send copies to Midland's attorneys?

It is not necessary at this point to file anything with the court.  Just deal with sending copies to Midland only and retain proof that you did so.

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8 hours ago, fisthardcheese said:

It is not necessary at this point to file anything with the court.  Just deal with sending copies to Midland only and retain proof that you did so.

awesome! I e-filed everything last night. will update the thread as things proceed.

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Just an update for the rest of the folks,

Midland's attorneys contacted me as soon as they received word about me filing AAA. They want to settle before arbitration begins.

Obviously, my terms are dismissal with prejudice amongst other things. Should hear back by the end of the week. Will notify everyone when I have another update available. 

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Just wanted to update everyone.

I ended up winning by settlement. Had the case dropped with prejudice and Midland is paying for my arbitration + court fees.

I'd like to thank everyone who pitched in with advice and helped me along the way. Most of all, would like to thank @fisthardcheese with their guide for arbitration. This is single handedly the only reason why I won so effortlessly. If anyone is in my position, please give the guide a look-see. Thank you again to every1!

 

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Wow! You did fabulously, congratulations!  Did you end up making counterclaims in the arbitration paperwork, is that why you think they agreed to pay your fees? You are giving me encouragement that this can work. Thanks for coming back to share!

Banana

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15 hours ago, Banana said:
 

Wow! You did fabulously, congratulations!  Did you end up making counterclaims in the arbitration paperwork, is that why you think they agreed to pay your fees? You are giving me encouragement that this can work. Thanks for coming back to share!

Banana

Hi,

It can absolutely work, especially if it's a company like Midland suing you. If it's the OC, then that's different since they have so much money to work with. When you file for arbitration, you file as the plaintiff and you do vaguely list your claims and amount you're suing for. If you go to the link I posted with the arbitration guidelines, it literally is as easy as that (especially if/when the judge grants the arbitration order). The reason they agreed to pay my fees is because I put them in a tough position. They had a few days left before paying for the arbitration which upfront would cost them around 2k, then its 1500 per phone call or 2500 for each in-person meeting, plus not to mention they would still have to pay their own attorney. Assuming upfront it was going to cost them at least 4k, the simplest solution for them was to pay my fee which is much less than their upfront, and take the loss and move on to to the next person.

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Beautiful! You did so great! If I can just get past this hurdle of writing the memorandum if points and authorities and declaration that my darned County requires for the motion, I think I'll be OK. 

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On 5/15/2019 at 6:38 PM, keepingitsimple said:

Just wanted to update everyone.

I ended up winning by settlement. Had the case dropped with prejudice and Midland is paying for my arbitration + court fees.

I'd like to thank everyone who pitched in with advice and helped me along the way. Most of all, would like to thank @fisthardcheese with their guide for arbitration. This is single handedly the only reason why I won so effortlessly. If anyone is in my position, please give the guide a look-see. Thank you again to every1!

 

@Harry Seaward @Goody_Ouchless This is a case where Midland asked to settle for dismissal once they got the initial AAA bill and OP countered with dismissal with prejudice plus their costs and Midland agreed to that.  It doesn't seem like following people into arbitration is a Midland policy change with this plus the other Midland dismissal this week.  It might just be the decision of those couple attorneys only in the other cases.

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4 hours ago, fisthardcheese said:

It doesn't seem like following people into arbitration is a Midland policy change

Yeah, there were two other dismissals also. But 3 have paid the initial fee and one of those has also paid the hearing fee (total paid is more than the value of the debt), so at least one of them appears to be taking it to the end. 

If it were just two, i could dismiss it as a coincidence. If it were several from the same lawfirm, i could dismiss it as ignorance. Several from different lawfirms concerns me. 

For now, i just don't know what to make of it. 

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