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Not Yet Served - Ask for Arbitration


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Aloha, I was overseas when Midland funding filed a lawsuit against me for a little over 10K in 2017, and then 6 months later the courts site says 'unserved to defendent, not found'

Last entry early this year is Ex Parte motion, enlargment for time of service, final continuance Feb2019

I also believe Feb 2019 is same month out SOL.

I just found out about all of this yesterday when checking the courts site (saw as a suggestion in another post on this site)

Reading a lot of posts, and I do believe that  MTC arbitration may be good.

My cardmember agreement with Barclays lists AAA as the arbitrator, and Midland Funding is the Plaintiff.  And AAA refusing Midland currently?  Catch 22 maybe?

So what do you think is best to do? should I go get served?  Or send out Arbitration elect letter, or do nothing they have forgot me.

Thanks for any suggestions





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I am not sure what possible advantage you could have by filing for arbitration right now.  

They already sued, so if you wanted to do some sort of preemptive arbitration, it is too late.  

Filing in arbitration now will wake up a dormant case.  Why not let sleeping dogs lie?  Sometimes your case gets put on the back burner for a law firm.  Either they will figure it out, and try to serve you again, or they won't.  If not, you probably dodged a bullet.  If they DO figure it out, then worry about arbitration.  

Worst case scenario you have a little more time to work out an arbitration strategy.  

Best case scenario they abandon the case.  


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2 hours ago, lasthope said:

Thanks, yes I was leaning towards that option, however I still do want to be prepared, and reading these forums a lot about having it dismissed under Delaware's SOL or taking to arbitration to remove from courts.  

Well, the first thing is to read up as much as you can on the subject.  What happens if AAA refuses the case is something you need to be prepared for.  You need to read up on the subject, and see if you can find any situations where that has happened.  

Again, you should do this while you are waiting to see if Midland pursues the case or not.  

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Yes I am the best I can, if served then I do what I read here: MTC arbitration and apply case with AAA.

I am thinking likely they may serve me because I recently disputed the credit bureau their trade line "installment account".  Perhaps put me back on their radar, before seeing the case was filed I was highly considering contacting them to settle.

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