I messed up....

[workingitallout]

Hi all,

 

Being sued by midland in TX. The amount is around $10k. They filed just before the 4 years allowance was up. Just before covid I had a court date where I filed for arbitration and that motion was granted. I mailed everything in to JAMS with a request for Midland to pay the fees but needed the court decree that arbitration was granted. Soon after Covid came and shut downs happened. In that time I had financial issues but was able to skate by. Overall, initially finances was definitely the issue but I did something dumb by not following up in this time on the arbitration. I recently received (late) notice of a judge trial.

My questions:

1. Did someone need to file for this or did the court do this because the case isn't considered "resolved" in the 2 (almost 3) years? I don't see any motions from Midland's side.

2. Do I have any options? Any motions to file? Can I file the arbitration now? Bankruptcy an option (last resort)?

I don't really want to file bankruptcy as everything that was negative on credit reports etc is falling off by early 2023 and I'm in a slightly better place financially now (ie making just enough to live paycheck to paycheck as a single mom) but will do whatever I need to because I cant afford to have wages garnished.

[Bulldoger]

1 hour ago, workingitallout said:

I mailed everything in to JAMS with a request for Midland to pay the fees but needed the court decree that arbitration was granted.

Did JAMS send an invoice to Midland requesting payment of fees? 

1 hour ago, workingitallout said:

I recently received (late) notice of a judge trial.

what do you mean by (late) you missed trial? Trial was titled "late" ? What is the current status on the case? 

[workingitallout]

19 hours ago, Bulldoger said:

Did JAMS send an invoice to Midland requesting payment of fees? 

what do you mean by (late) you missed trial? Trial was titled "late" ? What is the current status on the case? 

I don’t think they sent an invoice to Midland. I hadn’t paid my $250…sorry I didn’t make that clear. My MTC included them paying for the arbitration but I was supposed to pay my part which by the time they responded I didn’t have. They did send paperwork saying there was cause and were in the process of assigning when COVID happened.

 

the trial hasn’t happened yet but is next week. 

[Bulldoger]

Did JAMS close your case or is it still open?  

Did the court order have a time frame such as you had to start by 60 days etc..

You could spend $250 and reopen your case and gamble Judge lets the arbitration stand.  

Or you can just explain why you didn't Pay your fee. 

Worst case Judge will set a trial date and you will have to fight it in Justice court.  

@texasrocker can help with that.