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Midland Credit Management Lawsuit, Need advice please!


Blue1234
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On 4/12/2021 at 10:18 AM, Blue1234 said:

Also here is the mtc that was filed...

 

NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

 

1. That on or about December 8, 2020, the Plaintiff filed its Complaint against the Defendant.

 

2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Agreement (see Exhibit B, attached).

 

3. The parties are bound by the Credit Agreement. The Arbitration Agreement states, among other things:

 

a) Disputes between you and us will be subject to individual arbitration. This means that neither a court nor a jury will resolve any such dispute.

 

b) You and we must arbitrate any dispute or claim between you and us (including our parents, affiliates, agents, employees, officers, and assignees).

 

c) Arbitration may be requested at any time, even where there is a pending lawsuit.

 

d) The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Agreement to Arbitrate.

 

e) The Agreement to Arbitrate shall survive the termination, cancellation or suspension of the Agreement or your account.

 

4. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

"We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989)."

Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "
 

5. This argument is made pursuant to Rule 12 of the South Carolina Rules of Civil Procedure, as amended; the Federal Arbitration Act, 9 U.S.C.§§ 1, supported by Munoz v. Green Tree Fin. Corp., 343 S.C. 531, 538, 542 S.E.2d 360, 363 (2001), and Bradley v. Brentwood Homes, Inc., 398 S.C. 447, 455, 730 S.E.2d 312, 316 (2012) which states “There is a strong presumption in favor of the validity of arbitration agreements because of the strong policy favoring arbitration," et seq.; as well as applicable Federal and South Carolina jurisprudence in addition to the pleadings on file.

 

6. The Defendant elects arbitration to settle this dispute.

 

WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to stay proceedings pending contractual arbitration.

When filing an MTC, do I need a cover letter?  And if so, what exactly needs to go on it?  Thank you in advance.  I also plan to send  copy of my agreement arbitration rules. 

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54 minutes ago, Blue1234 said:

Well this is the email response I got from Midlands attorney. 

"We actually closed these files in our office and send them back to Midland Credit Management as we did not wish to proceed on these"

What do I do now?!?

Don’t do anything right now.  
 

You are in a game of whack-a-mole.  
 

Once a case has been dismissed without prejudice most likely you will never hear from them again.  That particular law firm won’t touch it with a 10 ft pole.  Most other law firms go for the low hanging fruit and won’t touch it.  
 

The second most likely case is another law firm will get the case from Midland before the SOL.  If that happens they will usually contact you first.  If so, send them a copy of the JAMS paperwork you intend to file along with the history of the case.  Send that along with your DV letter.  Offer a mutual dismissal of all claims in exchange for wiping out the debt.  
 

At that point, one of the following will happen:

1.  You never hear from them again.  You will have whacked another mole.  At some point they either run out of moles or they hit SOL.  
 

2. They agree.  If that happens, you win.  
 

3. They ignore your offer and validate.  If that happens, file in JAMS.  Most likely they will never respond.  That prevents them from legally filing in court.  You win.  

 

I think the record I had for whacking attorney moles was 4 attorney offices and 2 attorneys in the last office.  The first 3 offices ran away when I told them I would arbitrate.  The only debt collection attorney in firm 4 left the firm right after I sent my DV, which stayed in their drawer for over a year.  Finally, a few months before SOL their new attorney validated the debt and gave me a month to file in JAMS or else he would sue.  This was an aggressive OC and they followed into JAMS.  I finally buried the guy in paperwork and legal arguments he couldn’t answer so he gave up just before the hearing.  

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