Author Topic: Question about pending Midland law suit  (Read 12280 times)

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JohnDoe76

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Re: Question about pending Midland law suit
« Reply #150 on: April 04, 2015 08:12:00 AM »
Well there has been no response to my letter to Midland. But I have gotten the final letter from JAMS. They have closed the case as Midland failed to pay for their part or even make contact with JAMS.

So now I prepare a motion to dismiss and get ready to go back to court. I am afraid that this judge will not grant dismissal because of how he acted when I initiated JAMS in the first place. He acted like he had no clue it private and binding.

I am also going to prepare a suit against Midland for breach of contract for failing to enter into private arbitration per the original credit card agreement, and two counts of FDCPA violations.

kevinmanheim

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Re: Question about pending Midland law suit
« Reply #151 on: April 04, 2015 02:28:32 PM »

I am also going to prepare a suit against Midland for breach of contract for failing to enter into private arbitration per the original credit card agreement, and two counts of FDCPA violations.
File that in federal court.

JohnDoe76

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Re: Question about pending Midland law suit
« Reply #152 on: April 09, 2015 01:37:44 AM »
File that in federal court.

Thank you for that I would have filed that in the local district court which I didn't want to do.

howucantoo

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Re: Question about pending Midland law suit
« Reply #153 on: April 09, 2015 02:13:15 AM »
There are plenty law suits filed against Midland on Pacer that you can model yours after.

I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.
My PM is turned off.

JohnDoe76

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Re: Question about pending Midland law suit
« Reply #154 on: April 27, 2016 04:28:38 AM »
I have put off, and put off counter suing Midland Funding after they refused to enter JAMS with me. I check my mail and there is a letter from the Justice of the Peace. It seems Midland has filed for and been granted a trial by judge in June. Now this is the same Judge that granted my motion for binding arbitration in October of 2014. And of course I paid JAMS and sat back and received my letters from JAMS stating that the plaintiff (Midland Funding) failed to pay their end and JAMS ruled in my favor. So my question is should I file a response to this letter as a motion for dismissal based on Midland not entering in to court ordered arbitration?

Bruno the JDB Killer

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Re: Question about pending Midland law suit
« Reply #155 on: April 27, 2016 01:28:15 PM »
See a consumer attorney, this is a rather obvious FDCPA violation, taking an action legally prohibited. However, check the dates and see if they actually did this. Sometimes clerks schedule things for trial automatically after a certain amount of time. They may not even look at the file to see what transpired. If that's the case, no violation.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

JohnDoe76

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Re: Question about pending Midland law suit
« Reply #156 on: April 27, 2016 02:27:41 PM »
If in fact the clerk did this, what action should I take?

Bruno the JDB Killer

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Re: Question about pending Midland law suit
« Reply #157 on: April 27, 2016 03:08:46 PM »
Make them aware that the court lost jurisdiction when your MTC was granted.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

JohnDoe76

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Re: Question about pending Midland law suit
« Reply #158 on: May 22, 2016 01:33:51 AM »
I called and it was indeed the court that re-opened the case automatically. I have had them cancel the court date and the case is closed. Now I need to move on Midland cause they are still reporting on my credit.

Bruno the JDB Killer

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Re: Question about pending Midland law suit
« Reply #159 on: May 22, 2016 05:39:17 PM »
They can report as long as they report truthfully. Getting into arbitration has nothing to do with credit reporting.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

fisthardcheese

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  • They forced arbitration into your contract. Use it
Re: Question about pending Midland law suit
« Reply #160 on: May 22, 2016 06:20:12 PM »
They can report as long as they report truthfully. Getting into arbitration has nothing to do with credit reporting.

But if you have previous claims (FCRA, FDCPA) plus the Breach for failure to arbitrate per the contract, I would file those in federal court and when they come to me to settle I will include TL removal as part of my stipulations in the settlement.  Does that work? My NDA says I can't tell you.
8 Arb Settlements (7 AAA, 1 JAMS)
3 JDB Suits Dismissed With Prejudice (2 pro-se, 1 consumer atty)
3 TCPA Settlements (2 pro-se, 1 consumer atty)
2 FCRA Settlements (consumer atty)
1 FDCPA Settlement (w consumer atty)
1 Small Claims Win (pro-se; Landlord/state consumer law violations)
1 State UDAP Settlement (ITS)

 

credit