cedric_86

Lost Summary Judgement - What's next?

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I had an idiot judge who denied my MTC because he states the Plaintiff (Unifund) sued in court.  

He granted their MSJ in July.  I haven't heard anything from Unifund or court.  Since then another company has showed up on my credit report that transferred account to Unifund.

What happens next?  

I am currently in process to purchase home (which is why I didn't have time to appeal) and have already gone thru the pre-approval process.  I don't want any surprises.  How long after MSJ should I hear from someone.  Or what's my next step of action?

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On 10/6/2020 at 10:05 PM, cedric_86 said:

I had an idiot judge who denied my MTC because he states the Plaintiff (Unifund) sued in court.  

He granted their MSJ in July.  I haven't heard anything from Unifund or court.  Since then another company has showed up on my credit report that transferred account to Unifund.

What happens next?  

I am currently in process to purchase home (which is why I didn't have time to appeal) and have already gone thru the pre-approval process.  I don't want any surprises.  How long after MSJ should I hear from someone.  Or what's my next step of action?

Was there anything in the arbitration agreement that excluded small claims cases? If so, then that is why the Judge denied your motion. If there is a small claims exception that means that the debt buyer can sue you in court and not be bound by arbitration.

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5 hours ago, alwayswinning36 said:

Was there anything in the arbitration agreement that excluded small claims cases? If so, then that is why the Judge denied your motion. If there is a small claims exception that means that the debt buyer can sue you in court and not be bound by arbitration.

No.  Basically, the judge was an idiot.  His reason for denying the MTC was because the plaintiff chose to sue.  I tried to do Motion to Correct Error.  Judge said the same thing.

I just didn't feel like I had the knowledge to do an appeal by myself and I'm in the middle of trying to purchase a house.  But trust me, I really wanted to fight it.

Now, I just need to know what happens next. One of the 1st companies that the account was transferred to has now appeared on my credit report (although it says account was transferred).  It's not even the last company that the account was transferred to.  I want that gone.

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14 hours ago, cedric_86 said:

No.  Basically, the judge was an idiot.  His reason for denying the MTC was because the plaintiff chose to sue.  I tried to do Motion to Correct Error.  Judge said the same thing.

I just didn't feel like I had the knowledge to do an appeal by myself and I'm in the middle of trying to purchase a house.  But trust me, I really wanted to fight it.

Now, I just need to know what happens next. One of the 1st companies that the account was transferred to has now appeared on my credit report (although it says account was transferred).  It's not even the last company that the account was transferred to.  I want that gone.

Well that is a bummer. I personally wouldn't know exactly what steps to take to file an appeal either. But maybe someone else will chime in and be able to offer advice. The same Judge said the same thing, "motion denied cause plaintiff chose to sue"? Who is the arbitration from, like what creditor?

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3 hours ago, alwayswinning36 said:
 

Well that is a bummer. I personally wouldn't know exactly what steps to take to file an appeal either. But maybe someone else will chime in and be able to offer advice. The same Judge said the same thing, "motion denied cause plaintiff chose to sue"? Who is the arbitration from, like what creditor?

I believe I've missed the deadline to file the appeal.  He granted the summary judgement in July.

The original creditor was Barclay Card.  I was sued by Unifund in January.  From what others have said on here, the arb clause was good, but the judge was an idiot.

I have a previous thread on here about being sued by Unifund in Indiana.

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