AnonJ Posted March 25, 2019 Report Share Posted March 25, 2019 Today I had court in Georgia after being sued by Midland for $948. They attempted to sue me in April 2018 in the wrong county and then served me in the right one January 2019. In the time between, I attempted to contact Midland and sent their attorney a letter from doctor stating I'm disabled and it's unlikely to change with no collectable income. They were unsympathetic, despite what is written on their own website. Following the advice I read here, I comprised a demand letter and motion to compel arbitration. I handed it to the attorney in the hallway this morning. He claimed not to have a copy of the contract so I handed him one too. He basically talked to me like I was an idiot and said I wasn't going to get a better outcome that a payment plan with a judgement on my record. He stomped back into court. While we waited , there was a case involving a motor vehicle accident similar to my own. This man (victim) was being ripped to shreds and it was difficult to watch knowing what it's like to be so overwhelmed by the pain and loss of sudden disability when all you want is your normal life back. Anyway, I also was getting over the flu so I started to feel teary. The judge calls us up and I state I'd like to assert arbitration. He sends us to mediation. The opposing attorney whips out a letter they first sent me to the wrong address. They then try to get me to agree to a judgement again so we go back to the court. The judge was kind and did ask specifics about how I was served in the wrong county initially, currently have no collectable income due to disability, and as of mid March, I have no permanent address. He stared at the attorney and asked him it he has a copy of this letter from my doctor and he said he did but was unwilling to budge. Attorney tried to say I didn't answer the complaint (wrong) then tried to say Midland isn't subject to the arbitration clause. The judge said I might be making a mistake and may not like the outcome, but it's my right to ask for it. I said if it's all the same, I'd like arbitration . Midland mumbled under his breath that it's not all the same. Just granted a stay and had the clerk do a motion to compel on their own form. I feel like I completely screwed up but I can't make it that much worse. I'm scared to even leave this up long because the attorney seemed really pissed. Quote Link to comment Share on other sites More sharing options...
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