Stubis

Midland Funding Lawsuit...

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To me, it sounds like this attorney is clueless about the stay and granted MTC.  I would respond with a written draft of a motion for sanctions for violating the court order to arbitrate and the stay by filing discovery requests in court.  I would then add these FDCPA violations to my amended complaint in arbitration and attach that to my email to him as well.  In the body of the email I will simply say "please see the attached drafts that I intend to file in court and in the arbitration case regarding this matter.  As a courtesy, I will hold off filing for 7 days and offer your client a mutual dismissal with prejudice.  Again, this offer expires in 7 days".

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15 minutes ago, fisthardcheese said:
 
 

To me, it sounds like this attorney is clueless about the stay and granted MTC.  I would respond with a written draft of a motion for sanctions for violating the court order to arbitrate and the stay by filing discovery requests in court.  I would then add these FDCPA violations to my amended complaint in arbitration and attach that to my email to him as well.  In the body of the email I will simply say "please see the attached drafts that I intend to file in court and in the arbitration case regarding this matter.  As a courtesy, I will hold off filing for 7 days and offer your client a mutual dismissal with prejudice.  Again, this offer expires in 7 days".

Nice!

 

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Sincere apologies, FHC.   I'm now not sure this was a request for Discovery. 

It's a  "Case Management Statement" CM-110. There is a section about Discovery, which confused me, but I think it relates to the upcoming Arbitration. 

There was a Case Management Conference scheduled for Court this week. However, because of the CoronaVirus, the Judge issued a tentative Ruling last week  "No appearance required. The case is hereby dismissed without prejudice, retaining jurisdiction over the arbitration award."

Back to the drawing board...

 

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I paid the fees and now have an American Arbitration Association pro se arbitrator appointed to both cases. 

I have now received an email (see below) from MF’s attorney advising that MF no longer wishes to continue with its lawsuit against me and requests that I withdraw my demand for arbitration. The attorney also emailed the pro se arbitrator and advised that MF is no longer pursuing the debt and requested that AAA cancel the arbitration proceedings. 

I wanted to get your thoughts on how to proceed now in order to wrap this matter up once and for all.

I have read the recent posts from “Intensivefire” and wanted to ask if I should also draft a similar agreement and forward it to MF’s lawyer or if I ask them to draft an agreement and send it to me for signing and ending this matter. 

Thanks in advance...

Stubis

”I have not heard back from you, but I wanted to inform you that my client no longer wishes to continue with its lawsuit against you for the debts associated with your arbitration demand. The County Superior Court has already dismissed this case (please see attached) and my client no longer wishes to collect on the debts associated with this lawsuit. For that reason, I am requesting that you please withdraw your demand for arbitration. Further, and so you are aware, I will be requesting that the American Arbitration Association cancel the arbitration given that we have resolved the underlying debts. Please let me know if you wish to discuss.“

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Hoping someone can answer this question for me so I can finalize this case.

Should I request that the MF lawyer draw up an agreement?

 

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3 hours ago, Stubis said:

Hoping someone can answer this question for me so I can finalize this case.

Should I request that the MF lawyer draw up an agreement?

 

Yes.  State that you are amenable to settle your claims for a mutual release of liability and ask him to forward an agreement stating this for your review.

If they did not dismiss their court case WITH prejudice, I would make sure it is a mutual release of liability.

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