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  • Topics

  • Posts

    • AAA now refunds when respondent does not pay there fees so your not out the $225
    • Midland will have to prove up all four alleged debts, individually. Do you have the original card agreements for all four accounts? If they're all from Comenity, they're likely going to be materially the same, but it's good to have them so you can review the arbitration agreements.  No matter which way you go, you'll want discovery (production of documents). In JP court, you have to get permission from the judge; just like in arbitration, where scope of discovery is at mediator's discrepancy. In my opinion, its easier to use the court system, where you can ask for things like the all-important forward flow agreement. I think JP court requires all such requests to be in writing, not ore tenus.  Finally, how many affidavits are there? Just one? Perhaps four? That's how many witnesses Midland will have provide. Spoiler - read TRCP Part V, Rule 500.10 - Appearances at Court Proceedings. 
    • Don’t snatch defeat from the jaws of victory.     You’ve won. Take the win.  If you play too many games you face the chance of them paying March 5, or AAA gives them another extension and they pay before you settle.     You have the weekend. On Monday or Tuesday send them an email that you agree to a mutual walk away.  Ask them for a draft agreement.  You may want to haggle over the exact details.   Be cognizant of any deadlines they impose.  They may want to have this signed sealed and delivered before March 6 to cover their butts.  Or, they may be slow and not worried about the time and it may take until after March 6 for them to get everything done. If they slow walk this you might get your settlement and money back.  If they hurry, at least you have your victory.  
    • This morning I received an email from the lead Attorney.   Mr Howie My client asked me to reach out to you to see if you’re interested in a mutual walkaway.  The settlement agreement would grant you a release of all claims that Crown Asset Management may have against you. Lead Attorney They have dragged this on with no response whatsoever, I started to believe I had the wrong contact information.  Had they responded sooner I would not have had to pay AAA $225.   If it makes it to March 6 without a payment, AAA will return my fee.  
    • What I received in my Citation packet is 4 different "bill of sale"  and looks like 4 different "affidavit of sale by original creditor" but all dated the same day. So basically...I'm not really sure if they are under the same bill of sale. My guess would be yes? Each account has it's own credit card agreement as they were each from different store cards. 
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