DTLAPoor

Sued By Midland Funding / Synchrony Bank in California -- Arbitration?

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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. 

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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. 

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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! 

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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.

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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. 

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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.

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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!

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