SHELLY7

Midland Funding Suing In NY

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13 minutes ago, SHELLY7 said:

and once I file my answers to court how long do they have to file the $95 etc? This whole waiting game is half the battle.

This is impossible to know. In practice I've seen plaintiff's move the case and pay the $95 after a week, or after a year, and even after a decade. There was even one crazy personal injury case in New York City where the RJI fee was paid 22 years later and the court allowed the case to proceed.

If you are able to find other midland cases online, you may be able to see on average how long it takes them to file the RJI. 

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dear god in heaven @usctrojanalum I can not even imagine! I'll google some, I did before on the web supreme thing and not too many came up, I can't imagine this hanging over my head for so long! I suppose I can just have my MTC if they do the 95 fee ready (if and when.) Last questions, I SWEAR (well hopefully) when I sign up electronically and file my answers to court for the summons and complaint, will  it alert me to when and if they file the 95 to go to RJI? Just wondering if I have to continue my lunacy for the next 20 years looking this up, or if, thanks to it being electronic I'll then get a notification...

and when am I officially in litigation? when they pay the $95 or when I answer the court summons and complaint? Just asking as I have been trying to do research and some cases say you can't make motions or something er other until you enter litigation

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You will be in litigation once you are served and file an answer. The game sort of steps up when a party requests a judge. Once you opt into e-filing, you will get email notices of your case going forward and all documents are served via email. 

General denials are permissible. But I would believe it wise to also assert affirmative defenses and not just a blanket general denial.

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yes thanks @usctrojanalum and @fisthardcheese I believe general denial you can just fill in but I think I rather do line by line answers. 

In my line by line denial answers @usctrojanalumcan I deny and make demands like I deny such allegation and request verification as per NY law for a sworn affidavit or is just more general like:

Defendant denies the allegations set forth in Paragraph 6 of Plaintiff's Complaint and demands strict proof thereof.

Sorry, am just trying to get everything perfect and of course will post my court answers here as a draft and resident loon;)

Is the $95 and RJI then @usctrojanalum requesting a judge then essentially? I am trying to research and also learn how I could and can file a motion as everyone suggests, but it seems like for Suffolk county its per each judges rules...so I don't even know if I could move a motion until I know who my judge is by following their specific "judge" rules?

and am I the non-movant who is aggrieved lol? just wondering per this article since I've been researching the web like a lunatic for cases and such in case I do follow everyone's advice like @fisthardcheese and file a motion to compel an arbitration

This is the article I am referring to:

https://fhnylaw.com/court-holds-motion-compel-arbitration-cannot-made-non-movant-initiates-litigation/

But, if my circuit just favors arbitration but it is "stay" in court aren't I still kind of in court forever if Midland doesn't comply to arbitration. I know I am getting ahead of myself sorry, just really trying to get it PERFECT.

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47 minutes ago, SHELLY7 said:

But, if my circuit just favors arbitration but it is "stay" in court aren't I still kind of in court forever if Midland doesn't comply to arbitration. I know I am getting ahead of myself sorry, just really trying to get it PERFECT.

A stay is the preferred method of using an MTC, otherwise the case can be in limbo for years.  You want the court's authority to fall back on when Midland refuses to cooperate with arbitration.

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ahhh I see @fisthardcheese that makes sense I thought it just kind of held in court forever like "stayed" if Midland doesn't entire into arbitration do you go back and tell the court? I know, I'm getting ahead of myself and shall chill

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Just now, SHELLY7 said:

ahhh I see @fisthardcheese that makes sense I thought it just kind of held in court forever like "stayed" if Midland doesn't entire into arbitration do you go back and tell the court? I know, I'm getting ahead of myself and shall chill

When Midland doesn't arbitrate they will be violating the order made by the court to arbitrate the case.  You then ask the court to sanction (punish) them for violating the Court's order.  Usually just filing a motion asking for sanctions and showing that they are not complying is enough to get Midland to agree to a dismissal in your favor because the attorney does not want to answer to the judge as to why he disobeyed an order.

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aahhh this makes so much sense @fisthardcheese no wonder you are so into this arbitration thing;) I just wonder if I can file a MTC without having to go to court (obviously biggest fear) and my court (Suffolk county) it has the rules like on each judge's thing and I'm such a novice that I wouldn't want to attempt to make a motion the wrong way (which I am clearly capable of) but it would seem a good way to put a pin in it if I want to try to avoid litigation and court all together, if I can

 

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3 minutes ago, SHELLY7 said:

aahhh this makes so much sense @fisthardcheese no wonder you are so into this arbitration thing;) I just wonder if I can file a MTC without having to go to court (obviously biggest fear) and my court (Suffolk county) it has the rules like on each judge's thing and I'm such a novice that I wouldn't want to attempt to make a motion the wrong way (which I am clearly capable of) but it would seem a good way to put a pin in it if I want to try to avoid litigation and court all together, if I can

 

You're being sued.  You can't avoid it completely.  Court hearings are not to be feared if you are prepared.

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9 minutes ago, fisthardcheese said:

A stay is the preferred method of using an MTC, otherwise the case can be in limbo for years.  You want the court's authority to fall back on when Midland refuses to cooperate with arbitration.

ahhh this makes sense, I don't want this whole thing just looming (obviously) its taken over my life. I guess I will research as much as I can on MTC arbitration with NY, NY seems to be very into arbitration from what little I have looked at I just really don't want to go to court and like @Brotherskeeper said maybe Midland will really want to take me to court since its for 3400 and perhaps thats worth it to them, though I don't know if they have all the right docs etc.

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Just now, fisthardcheese said:

You're being sued.  You can't avoid it completely.  Court hearings are not to be feared if you are prepared.

valid. I wish I could @fisthardcheese I guess I'll just prepare everything so I'm ready and then go from there

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thanks for all your insight I will google and try to search my court for making motions, everything is done electronically but I believe some judges want to hear motions on certain days, so I guess I have to wait to see what judge I have (but I get what you are saying on your thread which I've read religiously about filing an MTC doing it at the same time as your answer, I guess I just need to do more research to see if thats even possible for my court;) but really appreciate all of your help, immensely @fisthardcheese and @usctrojanalum I know your time is super valuable and I really beyond appreciate it.

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1 hour ago, SHELLY7 said:

 

Is the $95 and RJI then @usctrojanalum requesting a judge then essentially? I am trying to research and also learn how I could and can file a motion as everyone suggests, but it seems like for Suffolk county its per each judges rules...so I don't even know if I could move a motion until I know who my judge is by following their specific "judge" rules?

Yes, the $95 RJI fee is the request for a judge. NY practice is very different from Federal practice. In NY, a judge is not assigned until a plaintiff or a defendant requests one. That's why it is sometimes wise to wait for the plaintiff to move the case along because you can get out of paying the $95 if you don't make the first move. I would say it is pretty rare that a defendant would file an RJI and pay the $95 first, it would be under some pretty unusual circumstances. 

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On 2/10/2019 at 9:23 AM, SHELLY7 said:

thanks @Goody_Ouchless I was very worried about this whole "stay" thing and then in that court case that I referenced the other side didn't do arbitration (as in Midland) so it just ended back at the court, which I don't really want.  I will work on my answer and all of that, is there a time friend on compliance? 

Don't worry about the stay.  A stay is good.  It brings the court case to a screeching halt.   I have a case that has been stayed pending arb for almost 10 years now.  The JDB essentially abandoned it.

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8 minutes ago, nobk4me said:

Don't worry about the stay.  A stay is good.  It brings the court case to a screeching halt.   I have a case that has been stayed pending arb for almost 10 years now.  The JDB essentially abandoned it.

@nobk4me yeah I figured that out thanks to the ever patient people on this forum:) such a strange thing. Bless you all for helping me or I'd be truly clueless 

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21 hours ago, nobk4me said:

Don't worry about the stay.  A stay is good.  It brings the court case to a screeching halt.   I have a case that has been stayed pending arb for almost 10 years now.  The JDB essentially abandoned it.

Why would you let a case linger for 10 years?  With a granted MTC, the JDB is in violation of the court order along with abandoning the case.  Why dont you file a motion and get rid of it?

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just out of curiosity @fisthardcheese though it's obvious I know nothing about nothing, how long would you give it until you filed a MTC if they didn't follow through, obviously not ten years but I'm just wondering in a general sense the time frame.

Also, in my research I've been looking up motion for arbitrations so I can follow them to the letter if need be (and obviously yours too;)

Do you think its a good format where they kind of do it like this:

https://turtletalk.files.wordpress.com/2017/05/11-1-motion-to-compel-arbitration.pdf

This whole huge memorandum where they go through facts/history etc or is it better to keep it kind of short and sweet? Just a general question I know and of course my case wouldn't be as long I'm just trying to get everything perfect and the nerd in me really wants an A so to speak..

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Yes, that format should be loosely followed. Your potential motion will not be nearly as complex as that one however. Maybe try and find a New York one. 

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Yeah no @usctrojanalum was just trying to go off a format since I obviously don't know anything, but I do realize that's not for ny lol;)

if it goes to rji (which I'll assume it will) on my courts judges page it says they only hear motions on certain days? I'll of course google this more but do you know what this means? Also, obviously I'll be posting my court answers for you to check which I'm sure you're really looking forward too:) thanks again for your patience of a saint and always being there everyone!

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Yes, in addition to rules that govern all courts like the CPLR; the courts themselves have their own local rules which can be found in the NYCRR called the Rules of the Trial Courts. And even within the same court, individual judges have their own unique rules. It is a rules nightmare. I know a lot of lawyers who are not the greatest litigators but they win cases because they have a mastery of all the rules.  

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yeah seems that way, I'll just prepare and hope if it goes that far I don't get one of the more loony judges who requires tabs and faxes and all sorts of things we all know I'll never be able to get right;) Fingers crossed on all and thanks again @usctrojanalum for support always!

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On 2/13/2019 at 12:50 PM, fisthardcheese said:

Why would you let a case linger for 10 years?  With a granted MTC, the JDB is in violation of the court order along with abandoning the case.  Why dont you file a motion and get rid of it?

Let's just say this lingering served me well in a FDCPA case - misrepresenting the legal status of a debt.  Can't say more.

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8 hours ago, nobk4me said:

Let's just say this lingering served me well in a FDCPA case - misrepresenting the legal status of a debt.  Can't say more.

Okay.  To each their own.  I guess it's been long enough to expire off your credit report anyway, so it probably can't be that bad.  It would just annoy me, personally. :) 

(In my experience, even after a dismissal with prejudice, there are violations to be found too. I can't say much more either)

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