My question involves collection proceedings in the State of: Texas
Back in July 2014, Midland Funding filed a lawsuit against me for a debt. We had a court date set for Jan 6, 2015. A week before the court date, they filed a Motion for Continuance. I went to the Courthouse
the day of my original court date and filed a Motion to Compel Arbitration and mailed Midland Funding's lawyer a copy of the Motion via Certified Mail Return Receipt Requested. I got the green card back about
a week later indicating it was received two days later on Jan 8.
Fast forward to last week. On March 11th, I received a Plaintiff's Response to Defendant's Motion to Compel Arbitration. It is a little over two pages long and goes into detail on why the court should deny my Motion, including how they never received a copy of the Motion and somehow JUST received it on March 2nd! (even though my CMRRR says they received it on JANUARY 8TH) I wonder where this "lost" Motion suddenly appeared from? There are a couple of other items they mention that I know for a fact that are untrue (they falsely state that AAA won't accept consumer arbitrations. Midland has recently participated in consumer debt collection arbitrations in AAA.)
Anyhow, I would like to let the court know that Midland is being dishonest in their response. I would like to write a Reply to their response as well as file a Motion for Sanctions. Could I combine these two things together? I realize I have very little time to respond (I can't find out any information on how long I have, but I'm guessing a week which would actually be tomorrow) :(
Any suggestions on how to respond would be greatly appreciated. I've been searching high and low to find examples of how to write a Reply as well as a Motion for Sanctions and i'm just not finding anything helpful.
Thank you in advance.
Back in July 2014, Midland Funding filed a lawsuit against me for a debt. We had a court date set for Jan 6, 2015. A week before the court date, they filed a Motion for Continuance. I went to the Courthouse
the day of my original court date and filed a Motion to Compel Arbitration and mailed Midland Funding's lawyer a copy of the Motion via Certified Mail Return Receipt Requested. I got the green card back about
a week later indicating it was received two days later on Jan 8.
Fast forward to last week. On March 11th, I received a Plaintiff's Response to Defendant's Motion to Compel Arbitration. It is a little over two pages long and goes into detail on why the court should deny my Motion, including how they never received a copy of the Motion and somehow JUST received it on March 2nd! (even though my CMRRR says they received it on JANUARY 8TH) I wonder where this "lost" Motion suddenly appeared from? There are a couple of other items they mention that I know for a fact that are untrue (they falsely state that AAA won't accept consumer arbitrations. Midland has recently participated in consumer debt collection arbitrations in AAA.)
Anyhow, I would like to let the court know that Midland is being dishonest in their response. I would like to write a Reply to their response as well as file a Motion for Sanctions. Could I combine these two things together? I realize I have very little time to respond (I can't find out any information on how long I have, but I'm guessing a week which would actually be tomorrow) :(
Any suggestions on how to respond would be greatly appreciated. I've been searching high and low to find examples of how to write a Reply as well as a Motion for Sanctions and i'm just not finding anything helpful.
Thank you in advance.
Debt Collectors: Sued by Midland Funding in Texas
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