Fighting Midland Funding in Florida

[lisa7267]

Hi all! I've read through HUNDREDS of threads on these forums and haven't found any that line up w my scenario...I hesitate to make a new topic but I am going for it..

I am in Lake County, Fl. I was served papers in August being sued by Midland for $1026.98 from a Synchrony Bank / Care Credit card.

I went to the summons, which was with a magistrate and told them that I do not recognize the debt. (The magistrate tried to coerce me into considering that I might). The attorney that midland sent had no statements or idea where the money was spent (not that I asked since I was denying the debt) but the magistrate asked - insert eye roll here-

The outcome of mediation conference was listed as "no agreement".

Now I've received in the mail a Notice of Hearing, Pre Trial Conference. It's Monday, Oct. 29th.

I never filed a response with the court or any of the other things I've been reading on here. My paperwork for the original suit didn't say I had so many days to respond. In fact it said nothing other than show up for mediation and no written answer or motion will excuse personal appearance. I honestly didn't even know that "answering" or filing a motion was a thing. I thought my defense was to show up and tell them that I don't recognize the debt.

My main question is this.....should I try to get it dismissed Monday (and if so HOW do I do that? I've read over and over the verbiage here but still don't understand-is it a motion to dismiss? or do I just tell the judge that they haven't provided me with anything showing I do have any type of agreement with them ie signature cards etc??)

or should I file a motion to compel private arbitration with the hopes that theyll drop it from there. 

Any advice is greatly appreciated...I am ignorant when it comes to all of this and it seems overwhelming to me.

PS. I pulled up the arbitration agreement for synchrony via care credit and it says:

RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration

1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or providers that accept the card or program sponsors if it relates to your account, except as noted below.

****THIS IS THE SECTION I AM WONDERING ABOUT (does it mean since they filed against me in small claims court that I cannot demand arbitration?)****

2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.

3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.

[Harry Seaward]

Considering how things went on your initial appearance, a dismissal is out of the question. Your only shot is arbitration, and because it's a synchrony debt, you're in about as good as shape as you can be for that to work for you. I believe Florida is one of the few states that requires arbitration  to be asserted  in the written answer,  so if that's the case, Midland has a pretty good shot at arguing that you waved your right to arbitration, and there's not much you can do about it.

If arbitration is off the table, I would seriously be considering trying to settle with Midland. It's basically a foregone conclusion that they will win either via motion for summary judgment or at trial.

[Goody_Ouchless]

Bringing this back to original thread, since debate probably doesn't belong in Hall of Fame thread.

Quote

Unfortunately, it was dismissed in the way that they can refile if they want to. Judge said she’s allowing them time to gather the proof needed and they can refile when they do. I’m hoping they won’t!!

Can you explain what this means - did they request dismissal to gather more evidence? It seems that if a judge ruled on the matter then it would be over. Or was it a continuance?