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Going against Midland and Won


Advocate in Training
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I followed all the steps here to fight Midland and I won.

5/21 Case filed in Court

8/5 Personally served at my home

8/18 Filed an answer

8/19 Trial scheduled for 10/15

8/23 I filed motion to compel arbitration

9/29 Lawyer filed for summary judgement

9/30 Date scheduled for 10/8 to hear summary judgement motion

10/8 I appeared in court to respond to the summary judgement. I asked the judge to rule on my motion to compel arbitration which was filed 8/23. The judge ordered a stay on the motion and advised me to send a letter within 30 days showing I initiated arbitration. Lawyer was pissed by the way

11/3 I sent a letter to the court showing I paid $250 to JAMS to initiate arbitration

11/11 Lawyer called to ask advise they were dropping the case with prejudice and sent me a stipulation of dismissal to sign

12/8 Stipulation of dismissal with prejudice filed by the court

 

Original debt was to PayPal for $3500

 

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On 12/8/2021 at 3:46 PM, Advocate in Training said:

I followed all the steps here to fight Midland and I won.

5/21 Case filed in Court

8/5 Personally served at my home

8/18 Filed an answer

8/19 Trial scheduled for 10/15

8/23 I filed motion to compel arbitration

9/29 Lawyer filed for summary judgement

9/30 Date scheduled for 10/8 to hear summary judgement motion

10/8 I appeared in court to respond to the summary judgement. I asked the judge to rule on my motion to compel arbitration which was filed 8/23. The judge ordered a stay on the motion and advised me to send a letter within 30 days showing I initiated arbitration. Lawyer was pissed by the way

11/3 I sent a letter to the court showing I paid $250 to JAMS to initiate arbitration

11/11 Lawyer called to ask advise they were dropping the case with prejudice and sent me a stipulation of dismissal to sign

12/8 Stipulation of dismissal with prejudice filed by the court

 

Original debt was to PayPal for $3500

 

Congratulations.I am in the middle of the same deal with Midland. I just filed my MTC. 

When you appeared in court to respond to summary judgement, I am curious if it was as simple asking to rule on your motion or were there any points you had to argue thru? Any tips appreciated.

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On 12/10/2021 at 10:52 AM, Bamaga said:

Congratulations.I am in the middle of the same deal with Midland. I just filed my MTC. 

When you appeared in court to respond to summary judgement, I am curious if it was as simple asking to rule on your motion or were there any points you had to argue thru? Any tips appreciated.

No I didn’t argue any points. The judge was actually on my side and chastised the attorney for trying to file a summary judgment when I had already filed an arbitration motion. The attorney said they didn’t know I asked for arbitration, and she was like it’s right here. You received it. It was comical.

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32 minutes ago, Advocate in Training said:

No I didn’t argue any points. The judge was actually on my side and chastised the attorney for trying to file a summary judgment when I had already filed an arbitration motion. The attorney said they didn’t know I asked for arbitration, and she was like it’s right here. You received it. It was comical.

I've never had to argue any points either.  The only argument they had was that our District Court should be considered small claims court according to the "spirit of the contract" - which did not work.  I started to argue it, but the judge did it for me.

However, if you read through this forum, not all judges handle the MTC in the same way - even though they're supposed to.

Best to be prepared, then pleasantly surprised when you basically just stand there and let the judge do all the work.

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