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  1. Today
  2. Help! Can anyone help with the format for a MTC arbitration? Iam in Missouri. Cavalry bought a Syncrony debt for about $1400. I have the CC agreement with the arbitration info. Please help! Thank you in advance.
  3. From the wisdom I just re-read on this thread: May I humbly ask for the input from @BV80 as well as @Brotherskeeper please?
  4. So here are the pics of the pdfs, finally. [Edit to ad: Sorry for some unknown reason some pics are sideways in here but, not the way I saved them] These are the emails from AAA and a copy of the emails to the JDB and back to AAA that were CC:'d to me. Aside from the mistakes I have already admitted to and the struggles I've had trying to get these things redacted(sp) and then uploaded. -- each picture title of date & aaa is the email to me --- the 3 pictures with "part" in the name are the CC'd email with the JDB So, I'm going to assume i did something wrong by sending in a copy of the arbitration clause from the agreement that I found? I did the online fast form on AAA's site back in Fab and shown in thread. Now here lately I have seen a few threads regarding Portfolio Recovery Associates and AAA not playing ball and AAA ending the arbitration for some users here since - I thought I saw March of 2020? So, with all this screwing up (on my end) and my court hearing via video conferencing on the web on wednesday, some questions: 1) should i file a fresh AAA arbitration before the hearing Or wait till the end of the hearing? 2) should I file a fresh one so that the previous uploaded syncronisity stuff is not referenced in the beginning and allowing me time to get the JDB to pony up for the first hearing deadline? 2.1) Recalling the suggestion Fisthardcheese suggested to a different user to put a modest $1K for damages in the claim. I didn't see where I could do that and as such I didn't say anything towards that in my initial application. All I did was fill in the alleged debt on their form question #2 briefly explain the dispute & I wrote "billing dispute & Violations of the FDCPA; -question #3 for the ~$1000 ; then for their question #4 i checked the boxes for "Attorneys fees, interest & arbitration costs." there was an "other" option and space to write but, wasn't sure so didn't add anything else. 3) using the wisdom of the mutually beneficial walkaway with prejudice toward the JDB to expire on the deadline they have to pay their fees? (I need to find that exact phrase and give it proper credit here too.) @fisthardcheese and @texasrocker I patiently await your wisdom or anyone else's for that matter. Thanks again for your time.
  5. Yesterday
  6. Ok great. I had already prepared my MTC Arbitration docs but wanted to make sure it was the easiest/correct course of action. Thanks!
  7. In Texas it is proper to file a Motion to Set Aside a default judgement. I need to file this by Wednesday and I am planning on filing the following as my defense: In 2019 when the case was originally opened I contacted the plaintiff and they offered an agreed judgement. Unfortunately, I was mistakenly under the belief that an answer was no longer required for my case. The agreed judgement stipulated that the plaintiff would never file said judgement so long as monthly payments were made on the alleged debt. Monthly payments have been made as agreed, however I noticed the last check (mailed on 08/14/2020) was never cashed. A notice of intent to dismiss was issued on 07/20/2020. The Hon. Judge ____ issued an order for mediation 1 month later at the drop docket. I contacted the mediator as ordered and attempted to setup a mediation date, however the plaintiff did not contact the mediator and instead filed for default judgement. All previous 19 payments were made via personal check and the plaintiff cashed each check. As the 20th payment was mailed on 8/14/2020 in the exact manner as all previous payments, It is suspected that the plaintiff received the check but did not cash it with the intent to file for a default judgement. The underlying contract in this case contains a private arbitration clause. If the plaintiff refuses to honor the agreed judgement the defendant will choose to exercise said clause and file a motion to compel arbitration. Could this be considered a meritorious defense?
  8. Every court is different. In general, at some point the judge, or perhaps his clerk, will go over the list of cases and see the case has been inactive. At that point one of two things will happen: 1. The judge will just dismiss the case without prejudice. Or 2. The judge will send a warning that he is about to dismiss the case without prejudice and demand the Plaintiff either object now or the case will be dismissed in X amount of time. For an amount this big, I would let sleeping dogs lie. Why alert the other side to the fact they are sitting on a $35k case? The longer this goes on, the better for you.
  9. 1. Who is the named plaintiff in the suit? Bank of America 2. What is the name of the law firm handling the suit? Scott & Associates, PC 3. How much are you being sued for? >35K 4. Who is the original creditor? Plaintiff 5. How do you know you are being sued? I was served 6. How were you served? In person 7. Was the service legal as required by your state? In-person or certified mail 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Phone correspondence a year before the suit. 9. What state and county do you live in? Texas, Comal 10. When is the last time you paid on this account? 10/17 11. When did you open the account (looking to establish what card agreement may be applicable)? 1998 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit served? Motions filed? Suit was served and I answered 10 months ago. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) I have not 15. Did you request debt validation before the suit was filed? I have not 16. How long do you have to respond to the suit? 21 Days. I answered in time but nothing has happened since then. They claimed breach of contract, there were no interrogatories included in the lawsuit. Simply a list of "facts" and two counts...suit on debt and breach of contract. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They stapled a copy of the last statement to the lawsuit. 18. How did you find out about this site? Internet search This lawsuit was filed two years ago and I submitted an answer in time. In my answer I entered a general denial and claimed contributory negligence as an affirmative defense along with failure to mitigate. There has been no movement on this case in a long time. Should I let sleeping dogs lie? File for dismissal?
  10. OK, things are looking up for you. There are some threads on fighting cases in California. It appears to be easier to fight debts in that state. You need to search on Cali threads. That being said, there are ways to fight this which are applicable to ANY state. 1. I think Midland has some interesting hardship rules. For example, if you are completely broke due to medical conditions, or some other situations, they will simply drop the case. I have no idea whether you qualify for those or not. 2. Look up the arbitration threads/ @fisthardcheese has done a wonderful job summarizing what to do. Synchrony has a fantastic arbitration clause. To make a long story short, you can file a Motion To Compel arbitration, along with using improper venue as an affirmative defense. At most you would have to pay $250 for your share of the arbitration fees. In California. you may be able to use hardship rules to pay absolutely nothing. Thing is, it would cost Midland far, far more than 5-6k to see a case through arbitration. They usually just give up.
  11. You probably need to consult an attorney. Yes, I know this is a web site mostly for DIY legal types, but your situation is rather serious. You need to know what you can do to protect yourself and your home.
  12. Hello, The OC is Synchrony Bank and the amount is 5,700.00. It is an old CareCredit card that was charged off in 2017.
  13. @WhoCares1000 Thank you for the good feedback. She is mentally ill and I have done everything in my power to get her help. My goal is to avoid losing the house as a result of it.
  14. Good morning, all, On my case's page of the JP forum, the Order of Referral of Mediation-Non DRC for JP court in Texas shows up., however, I did not got the actual mail of it. It was signed on Sept 1st. OC Capital One. 1)- Is this the same as Arbitration (in Texas)? 2)- Can I refuse to this? and if so, 3)- I read that I have 10 days from the day it was received to refuse it, but as I never got it. Is there something I can do about it? Your insight is much appreciated.
  15. This is a possible speed bump on their path to victory. They almost certainly have the evidence they need, and they can almost certainly produce it if needed, which means they will still beat you. There may be better strategies for you. But then, we don't know the OC, nor the amount. I am not in California, but I gather there are some paths to victory in CA that are not available for the rest of the country.
  16. Please, keep us posted; I am sure that I and others would love to hear about your triumphant outcome. Thank you.
  17. Last week
  18. Hello, I am being sued by Midland Funding in California but the complaint they submitted had nothing but two statements attached. There was no affidavit or bill of sale. Is this a possible weakness in the case that I can use?
  19. Who is the OC? If arbitration is an option, I would do nothing until they sue you (and they might not). Then I would file a motion to compel arbitration. You can probably end up paying nothing, or at most a $250 fee to JAMS.
  20. It depends on your goals, and it depends on whether or not they are likely to sue. It also depends on who the OC was. Nothing you do will help any derogatory on your CR for the OC. It’s bad, and will stay bad. In order from worst to best for your credit rating for any TL the JDB puts on are: Worst: do nothing. This is worst for your credit rating but in some cases is the best strategy. Settle for less than the full amount. That will be marked on your CR, and it will hurt. The good news is it doesn’t hurt as much, and they can’t sue you if you do this due right way. Sometimes this is the best strategy. Pay in full. This is usually only the best strategy if you are getting a mortgage soon and can’t get a Pay For Delete, or if the JDB isn’t reporting yet. Or if they are going to sue and won’t settle. Pay For Delete. This usually means paying in full, but you negotiate to get it off your CR. This gets the bad stuff completely off your CR. If your goal is best credit reports, this is your best strategy. Some JDBs will go for this. These are your options. I don’t know your situation so I can’t tell what your best strategy is. In different situations I have done almost all of these. I once tried to get a PFD, but they refused so I paid nothing. If they had accepted, I would be able to say I did all of these strategies.
  21. On a debt that's already a few years (2-3) old would it be a good or bad thing to settle? It's for a CC. It was already charged off and sold to a collection agency, I'm guessing this new place bought the debt? No idea how it works. So my question is will it help my score/report at all or hurt/keep it right around where it is...which is bad..very bad.
  22. Why not turn the tables and make collection calls to Unifund's compliance department? Be sure to begin each call with the required Mini-Miranda 'this is an attempt to collect a debt...' The contact info for their compliance person is here: If they don't send a check in a few weeks, you may want to contact an attorney in the state they are incorporated in (Ohio). You'll have to domesticate the judgment, and then get a writ of execution. Hire a bunch of movers, a U-Haul, and get a marshal to start seizing office equipment, computers, etc. They'll quickly write you a check for the $1k plus the cost of the movers, etc. If you don't mind a road trip, recording the whole thing and putting it up on YouTube would be a nice bonus. Be sure to email a link to David Rosenberg, their scumbag CEO.
  23. @Robear Look at the Complaint to see the correct name of the Unifund entity that filed it. Unifund CCR Partners and Unifund CCR, LLC are two of the common Unifund plaintiffs. You need to have the correct company name you got the judgment against. I believe you have more than one thread going on this topic. It's best if you can keep your case information contained in one thread.
  24. email replied this morning from AAA. with it were here is the reply: Hello, Thank you for contacting the American Arbitration Association. We did not receive an agreement or contract clause providing for resolution of this dispute by the American Arbitration Association or under its rules for Rausch Sturm as per your demand or comments requested to the objections from the respondent see attached. We have closed this case as deficient filing. This matter would have to be refiled by the claimant with the appropriate documents and filing fees. At this time this matter remains closed. Thank You, Consumer Filing Team SO when I get back from running errands, I will redact the 6 pdf's associated with this screw up of mine and post them here as a follow up. And, I now have to ask for what I should do next. /facepalm
  25. Got it! Thanks for clarifying. My next court date is a trial setting conference. Do I file the MTC before the trial setting or after a trial date is set?
  26. When Calvary bought the loan from Sychrony, they bought the contract as well. All the terms of the contract apply to the current owner of the contract. Since the contract has an arbitration provision, Calvary is contractually bound by the arbitration provision. Sometimes junk debt buyers will claim the arbitration agreement doesn't apply to them, in order to try to trick unsophisticated consumers. Either ALL the contract applies to them, or NONE. If they bring up that argument, point that out to the judge.
  27. So what happens if you lose in arb? Do they run to levy your accounts/garnish wages or...?
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