Mediation for Midland Credit Management in Florida

[TM2021yes]

Hello all,

I have a few questions and appreciate any help!

In November of 2020, I was sued by Midland Credit Management for unpaid debt of under $2500. This was a debt from PayPal Credit. I used a company called SoloSuit to help prepare a response. There was no response from MCM and then in late September of 2021, the court filed a motion to dismiss. MCM filed a request for good cause which the judge granted and a request for mediation. I now have a court ordered mediation which MCM is supposed to arrange. 

 

My questions -

Will I be contacted regarding the mediation date by the court or by MCM? They keep calling me still and I do not answer.

I know because I am in Florida, I have to file an MTC. Did I waive my rights to do this by filing an answer?

Can anyone give me guidance on what I should say during meditation? 

If any additional information is needed, please let me know. Thank you all so much!

 

[BackFromTheDebt]

In general, filing an answer in Florida waives your rights to arbitration.  Sorry. It is possible that the opposing side will agree to arbitration while in mediation.  It is possible a judge could grant you arbitration anyway. Don’t count on it. 
 

If MCM is trying to contact you about mediation as per court order and you are blowing them off, that is not at all good for you. Never disregard a court order.   Bad things could happen.  I once got a default judgment against a tenant because she failed to show up for mediation.  
 

I don’t know what was in your answer, and how strong your defense is.  All I can say is you should look on mediation as your opportunity to settle the case.  

[Jimmy E]

@TM2021yes, sounds like MCM sat on their hands for a year -- having to be reminded about the case against you.  I don't know Florida law, but a fellow poster from Arkansas had an almost identical situation where JDB waited until a dismissal for lack of prosecution was filed before they acted.  That person successfully compelled the court to go the arbitration route.

Do you plan on trying to settle in mediation?  If not and you plan on fighting it, @BackFromTheDebt may be right -- it might be too late to motion for arbitration, but if you are going to fight, it won't hurt to try!  The most the judge would do is deny the MTC, which would be a big blow to your case, imo.

You mention Paypal Credit.  Would that be Synchrony Bank?  Either way, go to:

https://www.consumerfinance.gov/credit-cards/agreements/

Download the agreement that was in effect when you defaulted and read the arbitration section.  A few of the Synchrony agreements I have read include this:  "Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered."  I don't know if Florida law shoots this down or not, but seems reasonable to me that courts across the country encourage arbitration -- to lighten very heavy case loads.  I could see a judge allowing arbitration.  But, again, I do NOT know what Florida law says about it.  I'm sure some fellow Floridian forum members will chime in.

Plus, we don't know how you answered the lawsuit, or if any defenses were presented.  Good luck!

Jimmy

 

[BackFromTheDebt]

If you want to go the arbitration route, the sooner the better.  

As we all know, in general Florida courts have ruled that even answering the complaint waives arbitration.  @Jimmy E has a point that this particular arbitration agreement may be a way around that situation.  Good catch Jimmy!

If you want to have any chance at arbitration, it would be best to file before mediation starts.  That is, file right away.  Then, agree to mediation with MCM.  The strategy after that gets tricky.  Usually, when arbitration has been elected, we advise people to simply state during mediation that they have elected arbitration, and therefore mediation is a waste of time.  I have no idea if that will work in this case or not.  

[TM2021yes]

Thank you all for your feedback! I really appreciate it! I did respond last year with the help of SoloSuit and denied the allegations. Unfortunately they did not offer the option of MTC initially. The mediation date is set for early December, and I have a Zoom meeting scheduled. I plan to attend but am wondering if I should allow the impasse to occur and take it to trial. It is with Synchrony Bank, yes!

Can MCM argue in court that I owe them this debt simply because they purchased it from another institution? Would their case stand on trial? Would filing the MTC in any way put me at a disadvantage if it goes to trial, or is it best to go that route?

Again, I appreciate your responses so very much! 

[Jimmy E]

@TM2021yes

Unless you have some mighty powerful evidence to the contrary, a JDB will generally win a regular court case.  As of late, it seems the best choice is to file a MTC arbitration as quickly as possible.  Regardless of what you allegedly owe, it costs the JDB a LOT of money to arbitrate.  Most will not pay the fees, but it's not impossible some WILL.

I would suggest you do as  @BackFromTheDebt pointed out -- file the MTC asap!  Keep the mediation date for purposes of demonstrating that you have long since opened an arbitration case with (AAA or JAMS).

If Florida law allows, I think the judge would look more favorably on granting a MTC where he/she sees an arb claim already started, and if the arb language on your cc agreement is liberally written as exampled in my previous post above.

Good luck!

Jimmy

[Enzo]

What are you thoughts on arbitration fees being awarded if he loses 

[BackFromTheDebt]

19 hours ago, Enzo said:

What are you thoughts on arbitration fees being awarded if he loses 

That has only happened rarely, when the arbitrator thought the filing was in bad faith.  
 

Arb forums have an appeal process