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Being sued by midland credit 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- midland never paid. Covid came right after and shut downs happened. Overall, finances was definitely an 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 can’t afford to have wages garnished.
Well thankfully wage garnishment is illegal in TX except for child support, spousal support, student loans, or unpaid taxes.
But as for your case, I'd honestly suggest you speak with a lawyer, as they'd be best equipped to give legal advice since you're already in the process.
This link you another forum may be useful also. This was a few days before your post. I wish you luck