Seadragon

A friend beat Midland with a demurrer citing FAA

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A good friend filed a Demurrer that cited the publicly posted terms contains an arbitration agreement and they dismissed.

I will ask if they want to post a sample but, I believe this is a new way to win in California.

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Hi @Seadragon.  I'm in the middle of a lawsuit with Midland currently in California.  I am at the point in the process where I have filed a response, sent a BOP Demand and received the usual response stating they don't have to comply because it is an account stated action.  Before I send a Meet & Confer, I have a few questions.  Why hasn't a case management conference been scheduled yet?  I have another pending lawsuit with Cavalry filed around the same time and I have a CMC 3/15/19 but nothing with Midland....  My second question is, can I file something based on the violation of the Rosenthal Act because in 2 letters (I have copies)  I received prior to complaint being filed are statements such as "This letter is to inform you that we are considering forwarding this account to an attorney in your state for possible litigation", "THIS ACCOUNT MAY BE FORWARDED TO AN ATTORNEY IN YOUR STATE" and "If we do not receive payment or hear from you, we may forward your account to an attorney in your jurisdiction."

 

Or could I possible do something in regards to the arbitration you stated?  I'd like to just get it dismissed before I have to end up at trial.  Thanks for your help!!

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On 2/9/2019 at 7:01 PM, Seadragon said:

A good friend filed a Demurrer that cited the publicly posted terms contains an arbitration agreement and they dismissed.

At what point was the demurrer filed? 

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On 2/12/2019 at 4:54 PM, slamber84 said:

Hi @Seadragon.  I'm in the middle of a lawsuit with Midland currently in California.  I am at the point in the process where I have filed a response, sent a BOP Demand and received the usual response stating they don't have to comply because it is an account stated action.  Before I send a Meet & Confer, I have a few questions.  Why hasn't a case management conference been scheduled yet?  I have another pending lawsuit with Cavalry filed around the same time and I have a CMC 3/15/19 but nothing with Midland....  My second question is, can I file something based on the violation of the Rosenthal Act because in 2 letters (I have copies)  I received prior to complaint being filed are statements such as "This letter is to inform you that we are considering forwarding this account to an attorney in your state for possible litigation", "THIS ACCOUNT MAY BE FORWARDED TO AN ATTORNEY IN YOUR STATE" and "If we do not receive payment or hear from you, we may forward your account to an attorney in your jurisdiction."

 

Or could I possible do something in regards to the arbitration you stated?  I'd like to just get it dismissed before I have to end up at trial.  Thanks for your help!!

The took the listed action,  so they haven't violated the law.  You are in a tough situation because you are quite far into the litigation, do not send discovery if you plan to file a motion to dismiss based on arbitration agreement forum selection. Look into the arbitration threads. 

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Thank you @Seadragon.  I'm so confused at why there is  nothing on the calendar in regards to the Midland case.  Is there a time limit on a civil debt collections action in California?  How long can this case linger? 

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