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Denied MTC


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Hello Everyone,

Please I need your help ASAP. I had a Cap 1 credit card and they sold it to Midland. Midland sued me then I answered them a couple of weeks ago. They sent me a notice of discovery requests. I notified them by mail  that I filed a MTC and I send them an affirmative defense: OBJECTION: lack of subject Matter Jurisdiction- Due to the arbitration clause making court not the proper jurisdiction. I had a hearing, the judge said my card agreement does not give me the option to arbitrate and he agreed with the lawyer of Midland. He told me to dispute my case with the plaintiffs lawyer. Because Midland doesn’t to go to arbitration. What should I do now? 
Can I ask for some documentations because I believe the amount money they requested is wrong but I didn’t save my cc bills. They did send me an affidavit of sale , a bill of sale,  and the last statement of my credit card bill. Please help me .

Thank you !

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Capital One removed arbitration from their card agreements a decade ago so unless you can prove you have had the account for over a decade and can find an agreement with a severability clause, the judge is correct.

At this point, Midland has enough to get a judgement so you either have to settle with them and it will be steep because they too know that they have you or start removing your name from assets is you are married and wait to see what happens with the judgement.

Sorry to be the bearer of bad news.

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17 minutes ago, Djin said:

Thanks for your reply! 
How can I checked if the amount that Cap 1 said that I owed is correct?  Is it too late to ask them to verify the interest or any kind of fees that Cap 1 have put on the account? 

The rules of civil procedure are different from state to state, sometimes from county to county, and often differ in different courts in the same county.  

For example, in my state there are very strict rules as to what must be produced, IF the defendant asks for it.  

We don't know what state you are in, nor do we know what sort of court or what kind of money is involved.

In some courts, but certainly not all, the plaintiff's next step would be to file an MSJ.  If you don't defend against it, you lose.  You may want to object to their MSJ on the grounds that certain evidence hasn't been produced.  Of course, that varies from state to state and court to court. In some courts all they will need would be a bill of sale and possibly one statement.  

It also depends on if they sued based on account stated.  In most states, if the final statement says you owe $X, and you can't show any evidence you disputed, it is too late.  Generally they don't put on any extra fees nor interest after the final bill.  

My state is different, but is more lenient towards debt buyers when it comes to evidence.  

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