MysticRhythm

Sued by Midland Funding in Texas

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I would consult with a consumer attorney as well.  The case is stayed pending arb, right?  So they are taking an action they are not allowed to take, FDCPA violation.

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6 hours ago, nobk4me said:
 
 

I would consult with a consumer attorney as well.  The case is stayed pending arb, right?  So they are taking an action they are not allowed to take, FDCPA violation.

Yes, it's been stayed pending arbitration. I appreciate your response. I did reach out to a local lawyer and he did respond that it does indeed look like an FDCPA violation, and has requested to go over the case docs to make sure. Thank you! 

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12 hours ago, MysticRhythm said:

Yes, it's been stayed pending arbitration. I appreciate your response. I did reach out to a local lawyer and he did respond that it does indeed look like an FDCPA violation, and has requested to go over the case docs to make sure. Thank you! 

Please let us know what the attorney says about this. Thanks. 

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If the attorney you consult does not want to step in and take action against them with no cost to you, then I would go ahead and file my motion for sanctions and opposition to their MSJ.  In my sanctions motion, I would include not only their ignoring JAMS and refusing to abide by the court order to arbitrate, but that they also have filed a motion for summary judgement against the stay of this court, which has not been lifted.

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So I finally have an update on my resolution.  The attorney who took my case has gotten them to settle out of court and they will be dismissing the case with prejudice and requesting the account be removed from all my credit reports. They paid my attorney's fees and I recieved $1000 as the settlement. I appreciate all the help I recieved from everyone here so thank you all so very much!

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9 hours ago, MysticRhythm said:

So I finally have an update on my resolution.  The attorney who took my case has gotten them to settle out of court and they will be dismissing the case with prejudice and requesting the account be removed from all my credit reports. They paid my attorney's fees and I recieved $1000 as the settlement. I appreciate all the help I recieved from everyone here so thank you all so very much!

:cheerleader::cheerleader::cheerleader:

Great news!! You got a happy ending. Congratulations. 

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That's awesome - is that first FDCPA violation we've seen sanctioned for taking action in court after MTC? It seems like we've seen other places try that, but I guess it's more common to seek MSJ with MTC pending.

 

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On 6/17/2020 at 12:43 PM, Goody_Ouchless said:

That's awesome - is that first FDCPA violation we've seen sanctioned for taking action in court after MTC? It seems like we've seen other places try that, but I guess it's more common to seek MSJ with MTC pending.

 

I don't recall if there has been an MSJ specifically during a stayed case, but we have seen other filings or motions.  I seem to recall Discovery being filed a time or two on stayed cases. 

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On 6/17/2020 at 1:26 AM, MysticRhythm said:

So I finally have an update on my resolution.  The attorney who took my case has gotten them to settle out of court and they will be dismissing the case with prejudice and requesting the account be removed from all my credit reports. They paid my attorney's fees and I recieved $1000 as the settlement. I appreciate all the help I recieved from everyone here so thank you all so very much!

Perfect ending!!  Nice work on catching their attempt to slide an MSJ in illegally.

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