KYgirl95

Being sued my Midland Funding in Kentucky

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I’ve read a lot of these forums and the information is amazing and a bit overwhelming. I’m looking for advice before filing my Answer with the court on Friday and to see if the documents included in the Complaint are anything to worry about.

STEPS TO TAKE

1. Submit Answer with court, addressing all stated Complaints. Be sure to list under Affirmative Defense “Lack of subject Matter Jurisdiction due to a private arbitration clause”.  

2. File an MCT with my answer or within 14 days.  Get a  notarize copy of affidavit of Synchrony Bank term agreement.   

 

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13 hours ago, Jaimehamm said:

STEPS TO TAKE

1. Submit Answer with court, addressing all stated Complaints. Be sure to list under Affirmative Defense “Lack of subject Matter Jurisdiction due to a private arbitration clause”.  

2. File an MCT with my answer or within 14 days.  Get a  notarize copy of affidavit of Synchrony Bank term agreement.   

You got it.

The affidavit should be filed with your MTC and it is just your own testimony saying that the card agreement you are submitting is a true and correct copy of the card agreement that governed your Synchrony Bank Account when it was open.

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@fisthardcheese I go to court next Thursday on the 29th. Can you review the documents I have and tell me if these are anything that can be used against me or that I should prepare for (in case my motion for arbitration is denied).  I was hoping they would have dropped the suit when I filed for the arbitration motion but I haven't heard anything so I'm assuming they haven't.  Also, if the motion is granted then I'll need to file an MCT, correct?

thank you!

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59 minutes ago, Jaimehamm said:

I was hoping they would have dropped the suit when I filed for the arbitration motion

This is very rare.

What is the nature of the court date?  When did you file the MTC?  Did they file any response to it?

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I filed the motion when I submitted my answer to the court about 6 weeks ago and I haven't received a response but I'm assuming that would come through the mail. The court clerk said when I come to court (on 8/29) that the judge will decide if my motion is granted or denied.  If denied I assume they'll decide if this goes to trail and if granted I would then have to file the arbitration.

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