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Being sued in California - Arbitration a 2nd Time


jon_117
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Hello again. This is my second time using arbitration this year. I won a mutual dismissal with prejudice with this same JDB already so I’m using the same strategy. I’ll link my old thread at the end of this post. This is my 2nd and last account with this JDB.

 

1. Who is the named plaintiff in the suit?

Midland Credit Management, Inc.

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)

None. Only 6 different attorney names with their State Bar Numbers.

3. How much are you being sued for?

$4000.00

4. Who is the original creditor?

Synchrony Bank

5. How do you know you are being sued? 

Served a summons and complaint.  

6. How were you served? 

Substituted Service; the documents left with a member of my household then mailed to me USPS First Class mail.

7. Was the service legal as required by your state?

Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued?

Collection letters sent by them. Nothing sent by me.

9. What state and county do you live in?

Los Angeles County, California

10. When is the last time you paid on this account? 

07/2019

11. When did you open the account (looking to establish what card agreement may be applicable)?

Approx. 2013

12. What is the SOL on the debt?

4 years

13. What is the status of your case?

The last 2 up dates on the court site are from me filing the MTC and Memo of points and authorities.

14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

No

15. Did you request debt validation before the suit was filed?

No

16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit?

I have 40 days to respond. I have filed my MTC already.

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This is my old thread

 https://www.creditinfocenter.com/community/topic/333860-being-sued-in-california-opinions-on-my-strategy/?tab=comments#comment-1396246

 

I have already filed my MTC, Memo of points and authorities, and proposed order. I have also mailed the documents to the JDB attorney CMRRR. I will file the proof of service by mail form once I get the green card back. I don’t have any questions at this time, but I thought to make another thread just in case. I know from these forums anything can happen with a case and nothing is guaranteed.

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Last time you had 8 attorneys this time you have 5. Are any of the 5 attorneys the same as last time?  If so they may have bought more documentation to support that they own the debt and are willing to go to arbitration. I am rooting for you that's not the case.  This being your last account I am sure your looking for it to be all over quickly and not having to go through the arbitration process.  

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36 minutes ago, Bulldoger said:

Last time you had 8 attorneys this time you have 5. Are any of the 5 attorneys the same as last time?  If so they may have bought more documentation to support that they own the debt and are willing to go to arbitration. I am rooting for you that's not the case.  This being your last account I am sure your looking for it to be all over quickly and not having to go through the arbitration process.  

 

4 of the attorneys are identical. Also, the wording of the complaint is identical except for the details of the account. The exhibits they presented in the compliant are very similar to the last one; they have a bill of sale for a bulk purchase of accounts and affidavit for it, a statement when the account was active, and a statement at the time the account was closed.

 

Thank you everyone for the well wishes. I am much more confident this time around.

 

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  • 1 month later...
On 8/15/2021 at 9:05 PM, Bulldoger said:

Perhaps they have a stand operating procedures they have to follow with each account and everyone involve including you have to go through the motions again. 

I expect that. Based on what I've seen on this forum MCM does not give easy wins.

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Case update: my MTC hearing was this morning and it was granted! Midland was a no-show again, just like my previous MTC hearing this year.  I will start the arbitration process with JAMS once the electronic order is available which the judge said will take 24-48 hours.

 

Some notes: The judge did say "This is unlike them" when referring to Midland having no one present for them. He took a few minutes to review my POS-030 form (PROOF OF SERVICE BY FIRST-CLASS MAIL) to make sure it was all in order. Just for reference, I filed the POS-030 form, a copy of the certified mail receipt, and a copy of the domestic return receipt (green card) as one document as proof of service. Also, this was a remote video hearing, not in person.

 

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  • 3 weeks later...

Update: I have settled for a mutual dismissal with prejudice! I signed the settlement at the end of last moth but just now have time to post update. The total time from getting my MTC granted to signing a settlement was 13 days. Thank you all again. Could not have done it without the good people of this forum!

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2 hours ago, jon_117 said:

Update: I have settled for a mutual dismissal with prejudice! I signed the settlement at the end of last moth but just now have time to post update. The total time from getting my MTC granted to signing a settlement was 13 days. Thank you all again. Could not have done it without the good people of this forum!

This is great! I have read your threads and the one you linked to help with my case and they are super helpful.

I am in LA too, did you file online or did you go to court to file? Did the attorney reached out to settle after they received the JAMS documents like in your previous case? 

Do you mind posting the affidavit you sent - redacted? 

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2 hours ago, jon_117 said:

Update: I have settled for a mutual dismissal with prejudice! I signed the settlement at the end of last moth but just now have time to post update. The total time from getting my MTC granted to signing a settlement was 13 days. Thank you all again. Could not have done it without the good people of this forum!

Great news If I remember correctly this was your last collection still under SOL.  Congrats

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On 11/5/2021 at 8:03 PM, magali said:

This is great! I have read your threads and the one you linked to help with my case and they are super helpful.

I am in LA too, did you file online or did you go to court to file? Did the attorney reached out to settle after they received the JAMS documents like in your previous case? 

Do you mind posting the affidavit you sent - redacted? 

I filed everything online. He is the link to filing in LA county. Also use LA Court connect to appear remotely. Major time saver.

https://portal-lasc.journaltech.com/public-portal/?q=node/384

https://my.lacourt.org/laccwelcome

The attorney reached out to me first in this case as well. I will post a redacted affidavit.

 

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@jon_117I see that you qualified for fee waiver the last time. Did you request fee waiver when you filed motion or did you only filed after the court told you that you qualified for fee waiver?

This is my first time ever filing a motion, on the lacourt website, it says "FILED BY" and that's when I pick my name??

And then below it says "AS TO"...do I pick my name or the debt collector's?

 

And to make a reservation for the hearing, I see an option for "motion to compel arbitration" but should i pick the other one that says motion to compel name extension and then type "motion to compel arbitration and stay proceedings"?

 

Sorry if those questions are dumb, most posts here just say to file motion to compel.

 

And did you sign the Order? On your previous thread you said that you didnt.

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57 minutes ago, magali said:

@jon_117I see that you qualified for fee waiver the last time. Did you request fee waiver when you filed motion or did you only filed after the court told you that you qualified for fee waiver?

This is my first time ever filing a motion, on the lacourt website, it says "FILED BY" and that's when I pick my name??

And then below it says "AS TO"...do I pick my name or the debt collector's?

 

And to make a reservation for the hearing, I see an option for "motion to compel arbitration" but should i pick the other one that says motion to compel name extension and then type "motion to compel arbitration and stay proceedings"?

 

Sorry if those questions are dumb, most posts here just say to file motion to compel.

 

And did you sign the Order? On your previous thread you said that you didnt.

I filed a fee waiver after I was served and before  I filed anything. You file it separately before anything else otherwise you will be charged for the motion filing and all other fees. The court will email you when its granted. Both times the court only took 1 day to approve it.  Here is the link: https://www.courts.ca.gov/selfhelp-feewaiver.htm?rdeLocaleAttr=en

 

You are correct: FILED BY is you. AS TO is the debt buyer.

And I selected "Motion to (name extension)" and typed "compel arbitration and stay proceedings".  I did this because selection the "Motion to compel arbitration" option was giving me an error. The court clerk told me to try the "Motion to (name extension)"  and it worked .

 

And you do not sign the order, only the Judge can do that. You upload it unsigned. It's considered a "proposed order". It will appear in the online portal after the judge signs it in the exact same location. 

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1 minute ago, jon_117 said:

I filed a fee waiver after I was served and before  I filed anything. You file it separately before anything else otherwise you will be charged for the motion filing and all other fees. The court will email you when its granted. Both times the court only took 1 day to approve it.  Here is the link: https://www.courts.ca.gov/selfhelp-feewaiver.htm?rdeLocaleAttr=en

 

You are correct: FILED BY is you. AS TO is the debt buyer.

And I selected "Motion to (name extension)" and typed "compel arbitration and stay proceedings".  I did this because selection the "Motion to compel arbitration" option was giving me an error. The court clerk told me to try the "Motion to (name extension)"  and it worked .

 

And you do not sign the order, only the Judge can do that. You upload it unsigned. It's considered a "proposed order". It will appear in the online portal after the judge signs it in the exact same location. 

 

 

Thank you!  I was afraid if I picked motion to compel arbitration and didn't include the rest it wouldn't work. did you type the whole thing "motion to compel artbitration and to stay proceedings"?  I downloaded the docs NetworkEngineer posted - you linked his thread - and it actually says "MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION".

 

I already applied for fee waiver in person since I could not do it online and the court said it had to be in person. It was a courthouse in the valley.

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