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MM1986

Midland Lawsuit in Texas @fisthardcheese

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A server left court documents with my mom last week that are fro Midland Credit for a lawsuit against me.. I have attached the paperwork that the server left, and I am in the process of filing my answer. Can someone take a look at the documents and assist me. Any help is greatly appreciated. I had a Best Buy/Citi Bank credit card and it was sold to Midland. The amount they are suing for is $4470.39. Midland included a few statement pages from Citi Bank I believe right before Midland purchased the debt. 

*update- I have filed my answer with the court.

 

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It is a standard Justice Court debt collection lawsuit.  Both you and Midland would have to petition the court to do discovery after permission is granted.  Otherwise it is trial by ambush.

CITI has a carve out for small claims cases and arbitration.  Whether or not the Judge will consider their JP court small claims is open to THEIR interpretation regardless of what some will argue.  If you want to try a MTC arbitration (worst that happens is it is denied) then you need to invoke private contractual arbitration in JAMS in your answer as an affirmative defense.  Texas is one of those jurisdictions that it can get sticky with Judges ruling you waive your right to arbitration if you don't assert it in your answer.  

You need to pull down those documents because you didn't redact out your name!  Also if this is in JP court in Dallas Precinct 4 is Judge Hubner.  SHE is a very objective and level headed judge.  I successfully sued a collection agency in her court and she complimented me on how thorough I was in arguing my case and presenting it.  She also made great efforts to educate herself on the FDCPA and TCPA.  

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Thank you! I filed my answer but I didn’t see this comment in time to add the affirmative defense, do you think it would still be a problem to try the JAMS arbitration?

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@fisthardcheese Could I get assistance with filing for arbitration? I have filed my answer with the court. Midland served me and included with the court papers some statements from citibank that were mine. I believe this would be the better option rather than going to court. Any help is greatly appreciated.

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