heyitsjamie

Being sued by Mandarich Law Group - Midland Funding - Citibank

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Looks like I am being sued (#2 suit) in California (sacramento).

Law group: Mandarich Law Group - Midland Funding - for a Citibank Card (credit card)

Amount: $1159 - last payment was March 2017

I have not been served; just see this sitting in the courts website.

It's 15 pages and I will need to download it all. Can I use arbitration on this one? Someone please help! This is now two past companies coming after me. 

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You can use arbitration, and it's your best option, but I would look out for the Plaintiff saying that the arbitration agreement says it does not apply if filed in small claims court.  This is why it is important to find out if your court is actually a "small claims" court and not just considered small claims informally.  If the door or paper work does not say "small claims" or "small claims division", then I would want to know this for a potential argument against their potential opposition using that point.

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The same Law Group (Mandarich) is coming after me hired by Mindland. My claim is limited civil suit. They want $2750. My claim is not verified. I filled a General Denial form (PLD-050) and the proof of Service (POS-30). The clerks at my courthouse in Monterey have never heard of a general denial form. I went to the help desk and they were also perplexed.
I went back and a clerk advised me that I should use a different form because Midland is considered a third-party. From my understanding they are not collecting on behalf of the bank anymore. Midland is now the lender and therefore not a third party. Sigh....

I don’t understand what was supposed to be mailed to the Mandarich Law Group so I placed a photocopy of the stamped PLD-050 form and a photocopy of the stamped proof of service in an envelope via Certified USPS.

I was reading several articles and forums on this website. Apparently it’s not easy to beat them anymore because they’ve gotten smart. The attorneys now have proof of sale, statements, etc. I also read that it’s better to file a motion to compel (MTC) for arbitration IF your original credit card terms stipulated it.

I was served with two other lawsuits from a different Law Group in San Diego two weeks later. This is major f$&@ you domino effect the universe is throwing at me.

What have you done?

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