Bugsy Posted February 12, 2021 Report Share Posted February 12, 2021 Hello everyone I had my hearing this morning and to my surprise the plaintiff (midland credit) asked the court to dismiss the case so I can pursue the motion. Unfortunately they dismissed without prejudice. My question is do I continue to pursue this in arbitration? Or should I just leave it alone? Thanks in advance Quote Link to comment Share on other sites More sharing options...
admin Posted February 15, 2021 Report Share Posted February 15, 2021 @BugsyI suggest you file. Dismissed without prejudice means they can refile the suit. Quote Link to comment Share on other sites More sharing options...
Bugsy Posted February 25, 2021 Author Report Share Posted February 25, 2021 Yea I filed just in case I just said “billing dispute” as the reason. I don’t think I have any fdca violations. If they follow how should I settle it with them? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted February 25, 2021 Report Share Posted February 25, 2021 6 hours ago, Bugsy said: Yea I filed just in case I just said “billing dispute” as the reason. I don’t think I have any fdca violations. If they follow how should I settle it with them? Right now is the perfect time to settle. 1. Make sure you send a copy of the filing to their attorney 2. Wait a few days, then contact the attorney’s office and offer a mutual dismissal of all claims by both sides in arbitration and court. 1 Quote Link to comment Share on other sites More sharing options...
womanonfire Posted February 25, 2021 Report Share Posted February 25, 2021 Is the general rule here "never arbitrate with an OC unless you have viable defenses or counter claims?" Quote Link to comment Share on other sites More sharing options...
nobk4me Posted February 25, 2021 Report Share Posted February 25, 2021 5 hours ago, womanonfire said: Is the general rule here "never arbitrate with an OC unless you have viable defenses or counter claims?" Well, what is the alternative? If you have a bad case in arbitration, you also have a bad case in court. There are advantages to arb even with an OC. First, it raises their costs. With a small debt, some OCs might prefer to dismiss and sell the debt off to a JDB rather than bleed money in arb fees. I beat an OC in court over a small debt (about $2K) just by being aggressive with discovery. This is before arb was a viable option. Second, arb is unfamiliar territory for most debt collection attorneys. They are used to filing cases in friendly courts, where they show up all the time, maybe are friends with the judge and court personnel. Plus, their filing fees provide financial support to the court. Arb forces them into a strange forum, with rules they may not know, and have to study up on, with an arbitrator who is a stranger. Remember, these attorneys are used to getting default judgments that involve almost no work. Just file a boilerplate motion. Arb is a whole new ballgame, one they would probably prefer to avoid. 1 Quote Link to comment Share on other sites More sharing options...
Bugsy Posted February 26, 2021 Author Report Share Posted February 26, 2021 Thanks for the replies everyone. Seems to be some confusion. My case is with midland credit not the OC. Will a mutual dismissal help me out at all with my credit report? Maybe I can ask them to remove all collections from my CR Quote Link to comment Share on other sites More sharing options...
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