Looking to beat Midland in Texas

[workingitallout]

Midland filed a suit against me in the end of January for a synchrony credit card.  I started lurking on boards because I was certain I couldn’t afford for a lawyer to charge me and just go to court and settle. Their suit contains bill of sale of the debt, last couple of bills (though balance may be incorrect) and letter from Synchrony certifying they sold a debt portfolio that included my debt.  I was served mid-feb and filed answer (general denial and citing arbitration and a couple other affirmative defenses present on the general Texas lawsuit answer form I found)  beginning of March (on time and CMRRR to midland lawyer).

Time passed for a while and I found out how to file the MTC and begin process with JAMS. Same week I went to electronically file my MTC, midland filed for default judgement (I guess they want to claim they didn’t receive my answer). I filed the MTC with the credit agreement and notarized statement anyway and CMRRR to them. I also began the process with JAMS though they are saying they are waiting for my consumer payment. I mailed that packet to Midland and requested they pay all fees according to the credit agreement. A hearing is set for July 10.

Anything in particular I should know or be prepared for? I have a binder I prepared with all documentation so far and I’m reading all I can about court proceedings especially against midland. 

 

TIA

[Harry Seaward]

It would have been better to wait to open the JAMS case until after your MTC had been granted, but you're close enough now to the hearing date that JAMS will probably hold it open for you if you let them know what's going on.  Otherwise, there's not really anything for you to do until July 10.

[workingitallout]

My MTC was granted!!! Lawyer for Midland showed up (though not the one listed on my documents) and was either unprepared or just didn't have any way to fight my motion. I was sooo nervous. Judge read the arbitration right in front of us and asked midland twice if they had any legal basis to fight the MTC. All she could say was she doesn't think there is a need for it because that's what justice court is for. She did mention court mediation but he said the agreement states either party has the right to request private arbitration and defendant elected it so its granted. Told them they bought the kit and caboodle with the debt so they get the good and the bad. Judge did ask me why on earth I would elect this because its to Midland's advantage to arbitrate- I just responded that I think they violated some practices and that I disagree with the "facts" they presented in their suit. 

 

Questions going forward: I need to re-open with JAMS and include my granted MTC now? Can I contact Midland and request they pay the filing fee or would JAMS do that? Is it worth trying to get Midland to dismiss now?

 

Would anybody that has emailed Midland before be willing to share an email for them? Texas BAR and none of my court docs list an email for the lawyer on the docs nor the one that showed up.

 

TIA

[Clydesmom]

2 hours ago, workingitallout said:

I need to re-open with JAMS and include my granted MTC now?

Yes.

2 hours ago, workingitallout said:

Can I contact Midland and request they pay the filing fee or would JAMS do that?

Yes you can request that.  I don't think JAMS does it for you but could be wrong.

2 hours ago, workingitallout said:

Is it worth trying to get Midland to dismiss now?

NOT yet.  File the JAMS first and show you are serious.  At some point they will contact you asking what it will take to resolve it and THAT is when you say mutual walk away and removal of the trade line along with any other terms you want.