Jamkais1999

Will midland funding show up?

21 posts in this topic

I’m being sued for 3 different credit card debts by midland funding llc. I hired a consumer attorney for one case so far. I was told midland will most likely dismiss the case. Do they always show up to court? Would it be worth hiring the attorney for the other 2 cases? Or should I do MTC arbitration for the other 2?

 

just trying to find out the best solution....

Share this post


Link to post
Share on other sites
10 minutes ago, Jamkais1999 said:

I was told midland will most likely dismiss the case.

You were most likely misinformed. Midland has their game together these days. They'll show up and they'll win.

13 minutes ago, Jamkais1999 said:

Would it be worth hiring the attorney for the other 2 cases? Or should I do MTC arbitration for the other 2?

Depending on who the OC is on the various debts, I'd fire the attorney and do arb on all 3. It's your only realistic shot at winning any of them. 

  • Like 1

Share this post


Link to post
Share on other sites

The attorney I hired has beat midland several times and said they’ll most likely dismiss it once they see I have an attorney. 

 

My original creditors are synchrony bank, credit one bank, & Citibank. I’m very confused on the whole arbitration concept. How do I go about it?

Share this post


Link to post
Share on other sites
31 minutes ago, Jamkais1999 said:

The attorney I hired has beat midland several times and said they’ll most likely dismiss it once they see I have an attorney. 

There are statistics to back this up especially when the attorney is well versed in dealing with the JDB.  The JDBs are interested in the default judgment and easy cash not an actual court case and proving it.

32 minutes ago, Jamkais1999 said:

My original creditors are synchrony bank, credit one bank, & Citibank. I’m very confused on the whole arbitration concept. How do I go about it?

Synchrony is the only one where you could file a motion to compel arbitration.  Both Credit One and CITI have a carve out for small claims cases which is what Magistrate Court is in PA.  Stick with the attorney.  I would pull him in on the other 2 cases.  See if he will give you a flat rate.

  • Like 1

Share this post


Link to post
Share on other sites
1 hour ago, Jamkais1999 said:

The attorney I hired has beat midland several times and said they’ll most likely dismiss it once they see I have an attorney. 

He said this before you paid him, right?

1 hour ago, Jamkais1999 said:

My original creditors are synchrony bank, credit one bank, & Citibank. I’m very confused on the whole arbitration concept. How do I go about it?

You can use arb on all three of these.  Synchrony is going to be the easiest because it has the most liberal agreement.  Citi will be the second easiest because they don't define "small claims" in their agreement.  Credit One is going to be the toughest because they have the "or your state's equivalent court" qualifier.

1 hour ago, Clydesmom said:

There are statistics to back this up especially when the attorney is well versed in dealing with the JDB.

The statistics show that attorneys' odds are twice as good as consumers; so 1% as opposed to 0.5%

1 hour ago, Clydesmom said:

Both Credit One and CITI have a carve out for small claims cases which is what Magistrate Court is in PA.

Credit One has the "equivalent" qualifier that is difficult to get around.  Citi just says "small claims" and never defines what that is.  Consumers have beat the Citi small claims exemption using this argument.

Share this post


Link to post
Share on other sites
8 hours ago, Harry Seaward said:

He said this before you paid him, right?

Unfortunately yes :(

8 hours ago, Harry Seaward said:

You can use arb on all three of these.  Synchrony is going to be the easiest because it has the most liberal agreement.  Citi will be the second easiest because they don't define "small claims" in their agreement.  Credit One is going to be the toughest because they have the "or your state's equivalent court" qualifier.

The statistics show that attorneys' odds are twice as good as consumers; so 1% as opposed to 0.5%

Credit One has the "equivalent" qualifier that is difficult to get around.  Citi just says "small claims" and never defines what that is.  Consumers have beat the Citi small claims exemption using this argument.

Okay Could you please help me do arbitration? I’m really confused on it. How soon do you get results from it? The cases are in 2 months all on the same day. 

Share this post


Link to post
Share on other sites
10 hours ago, Harry Seaward said:

 

How soon do they drop arbitration cases? I don’t want to hire an attorney last minute because arbitration took too long....

Share this post


Link to post
Share on other sites

The court action is stayed as soon as you file the MTC.  Some JDBs will wait until you pay the arb fee, some will dismiss right after the court grants the MTC.  The main hurdle we see is the court denying the MTC.  Then you are faced with an appeal situation.

  • Like 1

Share this post


Link to post
Share on other sites
2 hours ago, Jamkais1999 said:

How soon do you get results from it?

Harry is misleading you on how easy this will be on all 3 cases.  One major hurdle is the suits have already been answered and it is possible you have waived your right to use arbitration by participating in the legal process.  You need to check your states laws on that one.  The next issue is not all states put an automatic stay in place.  It is possible that PA Magistrate Court does this like GA where they hold the hearing and if your motion for arb is denied you go straight to trial right then.

Then you have the issue that the goal of arbitration is not to actually do it but get Midland to fold.  Due to quite a few consumers getting cases dropped after getting a MTC approved some of the big collection law firms are now skilled at arguing against them and getting them denied.  Are you prepared to defend your motion without an attorney successfully?  If the motion is denied your only option then is an appeal to a higher court that the Magistrate erred.   Will your court give you a continuance to hire an attorney if the motion fails?  Arbitration is not a sprint but a marathon and you would need to be prepared for the long haul.

Two of your accounts have clauses that do not allow arbitration.  @Harry Seaward and I patently disagree on the CITI card but there is no way to predict how your court will interpret that clause.  His guarantee it will work is worth the space it is typed on.  

NO ONE can or should guarantee you results.  You need to research both options thoroughly and choose the one that fits you and your life best.

  • Like 1

Share this post


Link to post
Share on other sites
11 hours ago, Harry Seaward said:

Citi just says "small claims" and never defines what that is.  Consumers have beat the Citi small claims exemption using this argument.

 

22 minutes ago, Clydesmom said:

@Harry Seaward and I patently disagree on the CITI card but there is no way to predict how your court will interpret that clause.  His guarantee it will work is worth the space it is typed on.  

@Harry Seaward never "guaranteed" this argument would work with CITI, just that others have successfully argued that the CC Agreement uses the specific words "Small Claims" and if those two words don't appear over the Courtroom door, then it's not "Small Claims." It can also got he other way, where "Small Claims" and "Magisterial" are synonymous in PA.

Something else to consider is that using arbitration will likely have same outcome as using a lawyer - if the plaintiff is going to fold just because you have a lawyer, then they would fold at a granted MTC Arb. If they are inclined to research and put the time into contesting your MTC, they likely have no qualms about putting time and effort into fighting your lawyer. Always be cognizant of the fact that you are guilty and the plaintiff has all the evidence they need to prove their case. Back in the olden days a lawyer would be able to force them to provide a live witnesses from the debt buyer and the OC - that was enough to make them fold. Today, business records are self-authenticating, so there's really nothing a lawyer can do to help - unless he has a deal with the other guy where he tosses him half his fee to drop the case.

  • Like 1

Share this post


Link to post
Share on other sites
3 hours ago, Clydesmom said:

His guarantee it will work is worth the space it is typed on.  

@Clydesmom is misleading you. I never guaranteed it. I said how it has worked in the past. 

The next issue is not all states put an automatic stay in place.

The FAA (that's "Federal") requires an automatic stay pending a ruling on the MTC/arbitration outcome.

  • Like 1

Share this post


Link to post
Share on other sites
3 hours ago, Clydesmom said:

Harry is misleading you on how easy this will be on all 3 cases.  One major hurdle is the suits have already been answered and it is possible you have waived your right to use arbitration by participating in the legal process.  You need to check your states laws on that one.  The next issue is not all states put an automatic stay in place.  It is possible that PA Magistrate Court does this like GA where they hold the hearing and if your motion for arb is denied you go straight to trial right then.

Then you have the issue that the goal of arbitration is not to actually do it but get Midland to fold.  Due to quite a few consumers getting cases dropped after getting a MTC approved some of the big collection law firms are now skilled at arguing against them and getting them denied.  Are you prepared to defend your motion without an attorney successfully?  If the motion is denied your only option then is an appeal to a higher court that the Magistrate erred.   Will your court give you a continuance to hire an attorney if the motion fails?  Arbitration is not a sprint but a marathon and you would need to be prepared for the long haul.

Two of your accounts have clauses that do not allow arbitration.  @Harry Seaward and I patently disagree on the CITI card but there is no way to predict how your court will interpret that clause.  His guarantee it will work is worth the space it is typed on.  

NO ONE can or should guarantee you results.  You need to research both options thoroughly and choose the one that fits you and your life best.

Thank you both for your help. I’ve decided to go ahead and hire a consumer attorney to  represent all of my cases. 

Share this post


Link to post
Share on other sites
3 minutes ago, Jamkais1999 said:

I’ve decided to go ahead and hire a consumer attorney to  represent all of my cases. 

Good or bad, please come back and update us with your outcome. It helps us help others by knowing what's happening with these cases.

  • Like 1

Share this post


Link to post
Share on other sites
Just now, Harry Seaward said:

Good or bad, please come back and update us with your outcome. It helps us help others by knowing what's happening with these cases.

Okay, I will be back in a couple months to update! 

  • Thanks 1

Share this post


Link to post
Share on other sites
2 minutes ago, Jamkais1999 said:

Okay, I will be back in a couple months to update!

Thanks! It will be greatly appreciated, and hopefully you'll have a resolution in a couple weeks instead of months! 

Can you say how much each of these debts are for?

Share this post


Link to post
Share on other sites

Congrats! What were the amounts of the debts? What reason did they dismiss the 3 debts, and what are the details of win on the 4?

Share this post


Link to post
Share on other sites
33 minutes ago, Harry Seaward said:

Congrats! What were the amounts of the debts? What reason did they dismiss the 3 debts, and what are the details of win on the 4?

They were all under $2,500 each. They never stated the reason they withdrew. We just got a letter saying they withdrew the suit from the magistrate. As for the win, my consumer attorney just called and said we won. I wasn’t given any details. I was just excited we won! 

  • Like 1

Share this post


Link to post
Share on other sites

Ah, so there was no trial. They must have tried an MSJ and they dismissed when that fell flat. 

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now