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  3. The last payment was back in April of 2019. MCM has included the last statement with their paperwork. I was not able to make the minimum payments every month. I did make several payments a month when possible. Last year was a rough financial time (was actually out of work for awhile). I was guessing to steer clear of the Consulting firms. I was thinking of going for Arbitration. From the threads I've read, that was quite a successful path. Another option would be to file bankruptcy, but I would really not want to take this path if it could helped. From the reading, Arbitration seems the best option to proceed with. I doubt I'd be able to defend against the case, as I wouldn't be able to afford a lawyer, really. I'm guessing the cost of a lawyer would be as much as what I owe. Thanks BH
  4. Yesterday
  5. Technically, IMO, if the defendant files a motion to dismiss and the plaintiff fails to respond, which was the case here, the motion should have been granted. But you got a stay, which is a victory. File the arb with JAMS.
  6. Lets get this out of the way first. Paying the OC is no longer an option. If Midland is involved they have purchased the debt and the OC is no longer in the picture. Why did they close the account? When did you make the last payment? Double check but I do believe FL requires you file a Motion to Compel arbitration in lieu of an answer if that is what you want to do. Whether it is that or the answer you have 30 days from being served to do that so you don't get nailed with a default judgment. Avoid these like the plague. You need to choose whether you are going to defend the suit or try for arbitration. Once you decide which path you are taking then more targeted advice can be given.
  7. Hey all, been reading up on some of your threads about being sued by MCM. I am still a bit lost and confused on the whole thing. I got served the papers yesterday, and the court date is August 28th. So at least I have about 2 months to prepare. I know from reading several threads that I should "not" send any communication in to the court at this time as it would/could mean that arbitration is no longer an option, so I must wait until I'm absolutely sure about what's going on. I have been contacted by 4 firms so far. C&C Consulting/Charles Newman, Resolution USA, and Holland Law Group. The first two are not lawyers but are, I suppose, mediators to a degree. HLG has stated: "I'm so certain I can get your case resolved in your favor I offer a guarantee. If you hire us to defend this case, you will pay Midland Funding $0 or we refund 100% fees" Of course, at this time, I don't know what the fees are. According to MCM, I owe them $3921.87 + costs of bringing this action. The original creditor is from Dental First/Comenity. I had been making payments online through their web site until they closed my online account. At which time I was unable to make further payments. I couldn't even send payments from my bank to them. I'm not sure what I need more I need to add, so please point me in the right direction. I really don't want to pay these bottom dwellers any money at all. I'm willing to pay the original creditor, just not to the secondary purchasers. Thanks, BH
  8. Thanks, I thought so. Just sounded so weird. My first thing was how the call said they were from my county but the id on my phone says San Antonio.
  9. My rule is whenever I hear from a collection agency, I send a DV letter. Always. Especially since there is already a suit.
  10. SCAM!! DO NOT call and DO NOT PAY! Here are the RED flags: I'm calling to from the county processing unit No such unit exists in any state. It is sitting here with a potential judgement NO! Unless you have been sued and lost there is no such thing as a "potential judgment" A mandatory 24 hour hold was placed on the documentation per state law just to give time and opportunity for you to reach out to the filing party directly to obtain detailed information or to try and resolve matter voluntarily before further action is taken. There is no state law in TX that requires they wait 24 hours before acting on a valid judgment. If it is not taken care of voluntarily before the hold expires it will be filed and dispatched with a local courier to your place of employment and your home address at (my address) Ah the old threat to go to your employer. This is to scare you into paying. Especially entertaining when the call recipient happens to be self or unemployed. Again Keller and Phillips is that filing party Google Keller Williams. They are a Real Estate company LMAO. Do warn friends, family and employer that you have been targeted by a scammer and that you do not owe any money. You don't want them to panic and pay thinking they are helping you.
  11. Got this phone call this morning: Hello this message is for (my name) . My name is Miranda Wright and I am calling from Midland County (inaudible-think she said processing). I'm calling to from the county processing unit and were' calling today regarding a fax of the verification I had come into our office from Keller and Phillips. It is sitting here with a potential judgement and that it is schedule to be filed tomorrow July 3rd, through the county clerk. A mandatory 24 hour hold was placed on the documentation per state law just to give time and opportunity for you to reach out to the filing party directly to obtain detailed information or to try and resolve matter voluntarily before further action is taken. If it is not taken care of voluntarily before the hold expires it will be filed and dispatched with a local courier to your place of employment and your home address at (my address) Again Keller and Phillips is that filing party and their number is (phone number) and provide them the reference number (number). Thank you. So they say they are calling from Midland County where I live but the number came from San Antonio, nearly 300 miles away. Also I have received absolutely nothing, no calls or communication from this Keller and Phillips. I see some possible red flags and wanted some advice on whether you think this is legit or not. Thanks.
  12. Hope everyone is doing well with all the crazy that is happening in the world. Just a follow up. Have not heard anything from them as of today. Its been 5 plus months and no response. I did get a letter from a different collection agency about the same debt with settlement options. I'm not sure what to make of it but i did not respond to them. Can anyone say if that's a cause for concern considering I'm already being sued for this debt?
  13. Hi, I have a single credit card with very low limits and most of the credit reporting agencies and forums are calling it "Not good enough" to improve my credit score. Q1. How can I get a credit card or 2 with minimum impact to my credit history? I am open to other alternatives as well, please suggest how to improve my credit scores Q2. my credit scores are in low 600 range. who do you think will approve my credit application without any issues. Q3. Is there any value in getting a secured CC (for about 200)? with the same bank that I currently have other accounts or should I change the bank/lender? Thanks
  14. Thank you so much Clydesmom Thank you so much for your response, Clydesmom. The suit was filed in District Court in Texas. I'm not sure if that is the same as Justice Court where you are from. Based on your recommendation, I did not pursue the contract agreement with the debt collector for fear of forfeiting the opportunity to take this to Arbitration. I did submit a Demand For Arbitration with JAMS. Then I submitted to the court copy of Credit Card Agreement (found online), a copy the JAMS Demand for Arbitration ( Which was sent to Plaintiff and to JAMS Office in Dallas), Proof of Service (for Demand for Arbitration), a signed Motion to Compel Arbitration, and an Order to Compel Arbitration (with case information filled in for ease of use ). NOW, I have 2 days to figure out how to respond to the Debt Collector's Discovery Request (Request for Production, Request for Admissions, and First Set of Interrogatories). I'm worried that we might say something incorrectly and lose the Arbitration option. Do you have any insight as to the best way to go about that (and still maintain our focus on Arbitration)?
  15. Last week
  16. I get it. Its just frustrating that Plaintiff has done nothing since March. Just proves that they file these things hoping people do nothing then review later and file for summary judgement. I'm wondering if they'll actually send the proposed decision to the correct attorney though since it shows the attorney for PRA cc'ed on this Midland suit. I guess they'll know something once they get the JAMS demand and bill. I still dont understand what it is I'm supposed to send the court to prove I have commenced arbitration. Does JAMS send me a bunch of stuff once they have assigned a case manager?
  17. Based on the language of the Federal Arbitration Act, the judge was correct to stay the proceedings. That Act states that lawsuits should be stayed pending arbitration. He did not bend over backwards for the plaintiff. 9 U.S.C. §3 If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.
  18. Absolutely. CAmembers here have an excellent track record against JDBs like Portfolio - the key is to learn about the civil codes that govern these types of lawsuits and use them to your advantage. Thankfully, the CA code is favorable to us. You have time to learn, start by reading this thread (it's from 2012 but the information still applies):
  19. You weren't joking about them bending over backwards for them. At the end of the day today, the Magistrate's proposed decision for the Midland case was uploaded. Its basically the same thing as the PRA case. They even CC'ed the attorney for the PRA case NOT the Midland case. I'm so aggravated. I want to object but it costs $50 to file the objection. I want to point out the the plaintiff did literally nothing to prosecute the case except file. I want to point out the section of the clause that states " will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding." They are essentially denying my motion without even a peep from the plaintiff. I suppose, they are still likely to vanish in arbitration but it just doesnt feel like justice was served. Am I wrong for thinking this? Should I just let it go and move on to arbitration? Magistrate's decision Midland_Redacted.pdf
  20. You already filed a motion to dismiss. The court declined to dismiss, but issued a stay. So I wouldn't file another one. Just provide evidence you have initiated the arbitration. After that, the next move is up to the court. They might dismiss, but that is doubtful. They will probably just continue with the stay.
  21. I Filed for arbitration on the PRA case. While the magistrate's decision has not become final yet, I'm ahead of the game and can submit my proof to the court that I complied with their decision to compel arbitration. I'm still torn on whether to file for arbitration on the Midland case. I have my motion to dismiss submitted but nothing has happened yet. Like the PRA case, its a Synchrony account, so while the arb clause is strong to force the JDB to pay all fees, it also is pretty clear about the party who is seeking claims should be filing for arbitration. Should I just file anyway? Also what do I submit to the court showing i filed for arbitration? Is it a motion to dismiss or just a document submitted as evidence I complied?
  22. Hello all, I realize this is a chain that is over a year old but I just read thru the entire thing - Such helpful information. I just got a notice that Absolute investments llc is suing me for a credit card debt. it is $12k - a debt that I got a long time ago online thru credit karma. I don't have a way to pay it back, and when i contacted the listed atty on teh summons (presummons, i havent received the actual one) they said the least they will take is $9k. (dont have that!) - how can I defend myself if this goes to court?
  23. myfico is directed towards the sucker score. As long as you only have one zero balance credit card, it won't hurt your mortgage score.
  24. Hi, is suggesting that one of the items that is hurting my credit score is no recent balances on my revolving account. I have a credit card with low limits that I am keeping to zero by paying it off before the reporting date. Should I continue to do so, or should I leave a small balance to improve my credit scores (related to home and car purchases). Please advise Thanks
  25. Those scores you get are the FICO bank card scores and reflect the number used if you are applying for credit cards. There are several FICO scores and lenders use specific ones for mortgage or auto loans. If you needed to know your FICO mortgage score the only way to get one that is relatively accurate is to purchase all three reports from and look at your mortgage scores. Those numbers are different from the FICO 8 you get with your reports from the bureaus. Depending on how you got the reports those scores may also be what is called FAKO in that they are not directly from FICO or are a Vantage score which no lender uses. Not as much as they used to. IF you have not been opening a lot of credit accounts in the past year then it will not affect your score too much to be significant but it will affect your score.
  26. There are many different FICO scoring algorithms. The one consumers see is the "sucker" score. It predicts if you will use credit cards and pay interest and occasional late fees. The mortgage broker gets a different model. And, yes, "mortgage shopping" (i.e., multiple inquiries in a short time frame) does lower your mortgage scores.
  27. Hi, A lender pulled my credit profile for mortgage preapproval. My FICO scores (for Equifax, Transunion & Experian) were significantly different from what I am getting when I go directly to the three credit reporting agencies. Plus, lender told me that mortgage hard inquiry do no impact FICO scores. is that true? Please advise .
  28. 1. Who is the named plaintiff in the suit? Second Round LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint). Rausch, Sturm, Israel, Enerson & Hornik 3. How much are you being sued for? $11,447.23 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank / Toyota Rewards Visa 5. How do you know you are being sued? (You were served, right?) Yes 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Collection letters 9. What state and county do you live in? Texas, Harris Cty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/11/2018 11. When did you open the account (looking to establish what card agreement may be applicable)? June 2009 12. What is the SOL on the debt? To find out: It is not outside SOL 13. What is the status of your case? Suit served? Motions filed? Order for Trial Setting 11/02/2020. Currently headed to Mediation. Prior to that: Answer, MOC Arbitration, Notarized Affidavit for CC Agreement 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Yes 16. How long do you have to respond to the suit? Already did, see above. 17. What evidence did they send with the summons? Pretty much a desk full of everything related to that account. 18. How did you find out about this site? Google My question is: do I wait for trial to argue on my Motion to Compel, or do I leave that for Mediation? Or, can I open an Arbitration case with JAMS/AAA before this and hold it over their head to drop the court case? Anywho, many thanks in advance!!
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