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  • Posts

    • Did you get a judgement you can levy MCM bank account with? If so did you every make a payment to MCM via a check? Is so you can get copy of cancelled check will have MCM bank info on back.  If national bank you can levy a local branch with a writ from judge. 
    • Plaintiff won their case in Court Mandated Arbitration. (Not AAA or AMS) Oregon has mandatory arbitration for civil matters. (Kangaroo Court & automatic loss for defendant) Defendant filed for do over in Regular Trial Court. Trial de Novo.   Plaintiff did not want to forgo the expense of all the Court Time, preparation man hours or expense of flying in actual witnesses so they withdrew the case and the trial court dismissed with prejudice.  Court considers this frivolous and if they didn't want to continue the suit then they shouldn't have initiated it in the first place. Their unnecessary action justifies the defendant to get his expenses reimbursed. (No attorney fees involved) As a defendant I won against Midland and was happy to to so. I filed a cost bill with the court against Midland but didn't get paid. It is my right under Orgon rules to get my expenses reimbursed under these conditions. I didn't receive payment. Was looking for a better method of working with the court to offset my missing payment.    So to answer your question more specifically: I lost in arbitration I prevailed in trial court. I wanted my money back and filed to do so. 
    • I posted file below  on board but don't remember where In CA Under Rule 9(a), statutes of limitations that exceed 180 days are tolled from April 6, 2020, until October 1, 2020.   so add how many days from April 6 to October 1. 2020_USLAW_NETWORK_COVID_19_Statute_of_Limitations_Quick_Guide_COMPILATION_version.pdf
    • Has the SOL been extended in California on unsecured debts due to COVID? One of the collection accounts on my credit report shows a 'date of first delinquency' of July 2017. I'm not 100% sure that is accurate - I think it is earlier - but for the purposes of this question, let's assume it is. The SOL should have passed in July 2021 using the 4-Year California law - I wrote elsewhere on the boards about wishing to pay PRA 20% for two 'time-barred' collections and allow them to drop off after 30 days as they promise. But I would like to make sure there is no hidden extension of the SOL on the debt. I don't want to poke a beehive if the bees are still inside, so to speak. I have looked and cannot find a firm yay or nay on this.
    • Ark. R. Civ. P. 55 As amended through April 2, 2020 Rule 55 - Default  (c)Setting Aside Default Judgments. The court may, upon motion, set aside a default judgment previously entered for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) the judgment is void; (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; or (4) any other reason justifying relief from the operation of the judgment. The party seeking to have the judgment set aside must demonstrate a meritorious defense to the action; however, if the judgment is void, no other defense to the action need be shown. So you can file a motion to set aside default judgement.  1) mistake if you mailed your answer on August 31 certified mail you could argue you thought count started next business day.  2)  argue judgement is void I think this is what @BV80 was hinting about.       
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