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Midland Funding LLC has not paid filing fee for arbitration one year later


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I was sued by Midland Funding llc in Jan 2019. I answered and appeared in court where I filed a motion to compel arbitration. I paid the $250 fiing fee. Jams sent Midland an invoice, but Midland never paid the required $1,250 fee. A final request was sent to Midland by Jams on July 2019. The request states if fee is not received within 30 days, the file will be closed. To this day I have not heard anything. What is my next step? Do I contact Jams and request a formal closing of the case? Can I have the derogatory account removed from my credit report? Thank you for any help I receive. 

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  • 4 months later...

Depends on how the judge ruled on the Motion to Compel Arbitration. If the judge completely ended the case, then there is nothing you need to do on the court side. If the judge simply stayed the case pending arbitration (more likely), then you need to file a motion for sanctions in the court stating that Midland refused to comply with arbitration. In the motion, you ask for a dismissal with prejudice as one of the sanctions.

That said, because the case was not tried on its merits, you might not be able to get the trade line removed. If you do end up requesting sanctions and get the dismissal with prejudice, then you can try to get it removed and become a thorn in the side of the CRAs, but don't be surprised if Midland fights this because at this point, their only leverage is to keep the trade line on your report as long as possible.

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