DTLAPoor Posted August 3, 2020 Report Share Posted August 3, 2020 Here's the long/short of it. I was served a summons and I'm being sued by Midland Funding LLC for an old Care Credit card I had with Synchrony Bank. I opened the card in 2015. The debt owed is $2,300. I have not responded to the lawsuit yet -- I have until 8/12 to do so. I was served 7/12. I've been scouring these threads and from what I've gathered my best bet would be to file a Motion to Compel and move this to arbitration. I went through the arbitration thread and saw the sample MTC, but I have no idea what to do with it or *how* to file it. Should I file a general denial with the Superior Court of California first? Should I file the MTC as my response? Any assistance would be *greatly* appreciated. Quote Link to comment Share on other sites More sharing options...
DTLAPoor Posted August 5, 2020 Author Report Share Posted August 5, 2020 update -- i filed my answer. it's pending right now. i also took the sample MTC and simply swapped out the info with my own -- tomorrow i'm off to have my affidavit consisting of my statement + the credit card agreement with the arbitration clause notarized. then i'm filing the MTC on Friday. hopefully this works. will report back. Quote Link to comment Share on other sites More sharing options...
Questgal007 Posted August 8, 2020 Report Share Posted August 8, 2020 Hi, I am wondering if you would share/update? I am trying to see how arbitration outcomes go for folks in order to figure out if I should utilize or not. Thanks! Quote Link to comment Share on other sites More sharing options...
DTLAPoor Posted August 11, 2020 Author Report Share Posted August 11, 2020 On 8/7/2020 at 7:55 PM, Questgal007 said: Hi, I am wondering if you would share/update? I am trying to see how arbitration outcomes go for folks in order to figure out if I should utilize or not. Thanks! Absolutely. I'll update you as soon as I get any real developments. My answer was accepted by the court and a trial date has been set for 2021. Once my MTC has been granted and I start dealing with arbitration I'll provide updates. Quote Link to comment Share on other sites More sharing options...
DTLAPoor Posted September 2, 2020 Author Report Share Posted September 2, 2020 Update: Moving forward with the arbitration. I have a hearing for my MTC with the court in about a month or so. After filing my response to their lawsuit (denial + motion), Midland sent me a settlement offer that equals the amount of the arbitration filing fees I demanded they pay. I have declined their settlement. Quote Link to comment Share on other sites More sharing options...
ConquestShaas Posted September 21, 2020 Report Share Posted September 21, 2020 Please, keep us posted; I am sure that I and others would love to hear about your triumphant outcome. Thank you. Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 24, 2020 Report Share Posted September 24, 2020 On 9/2/2020 at 3:20 PM, DTLAPoor said: Update: Moving forward with the arbitration. I have a hearing for my MTC with the court in about a month or so. After filing my response to their lawsuit (denial + motion), Midland sent me a settlement offer that equals the amount of the arbitration filing fees I demanded they pay. I have declined their settlement. I second what @ConquestShaas said — keep us posted! It's always good to hear of California victories! There are many, but they still feel great! Especially good to see their bs attempts at a settlement —just to see if you know what you're doing. Once they realize you do ... they tend to settle. @NetworkEngineer also had a good Cali arbitration thread. Just in case you're looking for more info. Quote Link to comment Share on other sites More sharing options...
DTLAPoor Posted September 28, 2020 Author Report Share Posted September 28, 2020 Good news -- after I declined their settlement, JAMS sent the request for payment of the initial arbitration fees. I made Midland the settlement offer -- drop your lawsuit, I'll drop arbitration and set the expiration date of my offer the same day the fees made payable to JAMS are due -- and they accepted! We're going back and forth on the finalization of the settlement offer now, but they agreed to drop everything. I consider this a win! 1 Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted September 29, 2020 Report Share Posted September 29, 2020 Great job? Quote Link to comment Share on other sites More sharing options...
LoveIsPower Posted September 29, 2020 Report Share Posted September 29, 2020 5 hours ago, DTLAPoor said: I consider this a win! Sounds like a win to me! Great job, @DTLAPoor ? Quote Link to comment Share on other sites More sharing options...
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