Mhopeful

Sued by Midland for multiple accounts

Recommended Posts

9 minutes ago, Mhopeful said:

Is there a defense for being sued twice on the same debt?

Yes.  If the courts ruled on the case based on the merits and found for the Defendant that they do not owe the debt the defense in a second suit would be res judicata.  Latin for the courts already decided this issue.  If the Plaintiff or court dismissed without prejudice then they can refile and res judicata does not apply.

Link to post
Share on other sites
25 minutes ago, Mhopeful said:

No, neither case has gone to court yet, They served me twice eight days apart.

Do the cases have different case numbers (or do you see 2 different cases for the same debt in the online case listing)? If so, then for the 2nd case, file your answer stating that this is the same as earlier case and motion for the later case to be dismissed without prejudice.

Link to post
Share on other sites

Ok, I'm writing out my answer to the complaint(s). My first (and only) affirmative defense is lack of subject matter jurisdiction, so going for arbitration.

As far as I can tell from the complaint, the plaintiff has not shown standing as there is no claim that they are the owner of the debt(s) nor that they were sold to the plaintiff. This looks like an "account stated" claim. I am sure that they have more than what they're showing, but should I use lack of standing as well since my ability to use that will be waived if I do not bring it up in my answer? Or is that moot since Ohio is pretty much an arbitration friendly state? I don't know how arbitration takes into account my initial answer.

 

Link to post
Share on other sites

So what's the best way to handle this? Midland has sued me twice with the exact same case a few days apart. I have answered both and made one of my affirmative defenses Frivolous Filing on the second case only and did include the Arbitration clause in both cases. I will file the MTC's for both tomorrow. I see a phone conference will be held in May for the second case and a trial will be held in June for the first. 

Do I go right for arbitration? Should I file a MTD for the second Case that will be held first so to get rid of the trial in June?

Link to post
Share on other sites
1 hour ago, Mhopeful said:

So what's the best way to handle this? Midland has sued me twice with the exact same case a few days apart. I have answered both and made one of my affirmative defenses Frivolous Filing on the second case only and did include the Arbitration clause in both cases. I will file the MTC's for both tomorrow. I see a phone conference will be held in May for the second case and a trial will be held in June for the first. 

Do I go right for arbitration? Should I file a MTD for the second Case that will be held first so to get rid of the trial in June?

Interesting.  
 

I am not sure if this is an FDCPA violation. It may be—- taking an action (the second suit) they are not legally permitted to take.  
 

In this case I would contact the opposing attorney right away and demand they dismiss or nonsuit the second case immediately.  That is assuming you have a little time to work out your MTC for the first case.  
 

The frivolous second filing might be a claim in arbitration.  That could give you leverage to get them to agree to a mutual dismissal with prejudice.  

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.