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  2. Who is the best and cheapest person/company who negotiate with my collections to get me the best deal to pay them off?
  3. I can't remember the exact thread, but -- I do remember a thread where the debtor initiated in JAMS. He made an offer (not sure if it was 40% or not), but Discover refused. Later on in the arbitration, between the time when Discover got the bill for the hearing and the actual hearing, Discover accepted exactly the same deal they had rejected earlier. My case was a bit different. In my case there was a legitimate SOL question. I initiated in JAMS (NO underlying court case, I initiated just before they were going to sue) a few months before the SOL in my state, but 2+ years after the Delaware SOL. The arbitrator hadn't ruled if we were gong to use Delaware SOL or my state's SOL. So Discover accepted exactly the same settlement between the time they got the bill for the hearing and the actual hearing as they had rejected earlier. In my case, the settlement was one I was very, very happy with. So there are at least two known cases in which arbitration was used to get a better settlement with Discover. YMMV.
  4. True - it's not a "lost art" but a "lost profession/" Once those adoptive business records statutes and precedents made live witnesses superfluous, there was no longer any way to inflict financial pressure on plaintiffs, in court.
  5. DO NOT use attorneys who advertise on TV, billboards, or bus benches. TERRIBLE idea. They are not going to fight the suit they will push you to a bankruptcy mill filing. If you want a free consult use Consumer Attorneys to find a NACA attorney who can give you an honest evaluation of the facts of your case. I wouldn't say it is a lost art. I would say it is a two fold issue. One is that the errors and violations of the past are just that: in the past. Coming up with counter claims and a basis to fight when they have the digital records is difficult if not impossible. The second issue is regardless 95% or more are default judgments. The consumer never even bothers to respond let alone call a lawyer or hire them.
  6. You should have said "yea, exactly - for your client. Do you want to dismiss now?"
  7. Bump. Would really appreciate an update here as well. Wondering what Cooling & Winter can possibly argue if there is an ironclad arbitration clause in the card holder agreement. @Clydesmom
  8. The problem is that fighting debt collection suits is pretty much a lost art. Lawyers don't really bother with it since they can't win - we've had quite a few people here, over the past several years, be unable to even retain an attorney - they all say "just settle." So, you may not find any fighting cases in your court.
  9. Today
  10. Not sure if anyone is following this thread, but I had my hearing this morning on my MTC. The judge granted a stay pending arbitation. The plaintiff attorney wanted to go to mediation instead of arbitration because and I quote "Arbitration can be very expensive". On to the next step.
  11. Keep looking. Also, if there are attorneys in your area that advertise/promote their services for "fighting debt collectors" etc. (Do a Google search and insert your area). Get their juris number and search to see what they are doing in court
  12. This guy reported getting a decent deal with Discover on a hybrid payment plan, but it was pre-suit, and he apparently spent a lot of time working with them.
  13. Are you sure that the debt was sold or that CU Recovery is simply a collector for the Credit Union? There is a difference. Regardless, even if the debt was sold, that means that the buyer takes on the rights and responsibilities of the credit union, including the right of foreclosure. I assume you made the agreement for $20/month 8 years ago. This was in the middle of the housing crisis which caused property values to fall up to 50%, especially in Florida. Also, because Florida is a judicial foreclosure state, it takes forever to foreclose on a property and in 2012, banks were holding a ton on inventory in Florida. Hence, the credit union and/or their collector was willing to accept anything on the loan. Now, 8 years later, property in Florida has recovered and most of the inventory from the housing crisis has been sold off. At this point, the credit union and/or their collector wants to now accelerate the mortgage which is probably their right under the contract. The amount owing has more than doubled because $20/month probably did not cover the interest on the mortgage. Also, you probably have been paying on the first mortgage which has built equity. Now, can they make you get a 2nd mortgage? No. Can they foreclose, yes but they would have to pay off the first mortgage AND they are not going to get full value for the house because it will be a distressed property and sale. Also, it still takes about 2 years to foreclose on a property in Florida. If you can get a 2nd mortgage from another financial institution, you should try to do that to avoid foreclosure. If you cannot get a 2nd mortgage, then they will foreclose and pay off both mortgages and the fees of foreclosure. If there is any money left after all that, then you would get those funds.
  14. Let me amend my response above. Don't completely ignore their reply to AAA. Hit Reply All to that email and send an objection to AAA. Tell AAA that you object to the Respondent's request that the Consumer pay the full arbitration amount as it runs counter to the Consumer Supplement Rules of AAA. I would send this email FIRST. And then, I would send a second email to the attorney ONLY with my settlement offer.
  15. If you never sent a settlement offer to the actual attorney, then you have made no settlement offer in this case. They can copy and paste all the court documents they want to AAA, but it's pointless at this time since an arbitrator hasn't even been appointed to your case yet and you haven't even had your first conference call with the arbitrator. I would ignore it and send the settlement offer.
  16. @fisthardcheese Just received correspondance from the PRA lawyer (awfully late?). Looks like they've added a second attorney and sent a "Arbitration brief." It's in the same formatting as the court documents...but was emailed to me and AAA. The ending summation is: III. PORTFOLIO HAS SATISFIED ALL ELEMENTS OF AN ACTION UNDER ACCOUNT STATED, THEREFORE JUDGMENT SHOULD BE GRANTED IN ITS FAVOR. In order to prevail on a claim for account stated a party must prove: 1) an agreement between parties, who have had previous financial transactions; 2) the balance claimed is correct and due between the parties; and 3) a promise by the debtor, either express or implied, to pay the agreed upon balance. Teller v. Ferguson, 24 Colo. 432, 437, 51 Pac. 429. In the case at bar, Claimant opened an account with Citibank N.A., (herein referred to as the “Original Creditor”) on or about February 26, 2008. The Defendant 2 herself admitted this fact in Denver County Court on December 17, 2019. The account was used and kept current until July 2018, for over 10 years. After Defendant failed to make payment on the account, the account was charged off in November, 2019. The amount due and owing at that time was $6,858.08. Finally, Claimant neither contests or denies that there is an agreement between parties as she relies upon the agreement for her Motion to Compel Arbitration. (See Exhibit 2 and 4 attached herein). Further, the documentation demonstrate that the balance claimed is correct and due. Claimant was well aware of the final balance due and owing. Claimant never objected to the final balance due nor did she dispute this final balance at any time during the year between her last payment and the date this action was filed nor has she disputed the balance during this litigation. Here, the evidence establishes that debtor/Claimant did not make any dispute of the account. Pursuant to the Fair Billing Credit Act, 15 U.S.C. § 1666, a debtor/obligor has sixty days in which to file a written dispute of the debt. Based on PRA’s records, Claimant did not object to this balance prior to the lawsuit filed in this action. Claimant failed to object or dispute this amount and as such, has acquiesced to the amount due. In this case, the Defendant consistently made payments from the inception of the account in 2008 through June 2018. Ten years of consistent payments creates an implied promise to pay the balance of this account as defined by the courts. (See billing statements attached herein as Exhibit 5) Therefore, PRA has satisfied all elements of an action for account stated and judgment should be granted in its favor. IV. Standing 3 In this matter, Portfolio submits a Bill of Sale identifying the Defendant’s account as being sold to Plaintiff, Portfolio Recovery Associates, LLC. (Exhibit 6 attached herein). This account was transferred only once, from Citibank, N.A. to PRA. Further, Claimant has acknowledged that PRA is a party as evidenced by her Motion to Compel Arbitration. A party has standing when it has a “judiciable interest in the subject matter of the action.” CACH v Askew, 358 SW3d 58 (En banc ’12). The Bill of Sale is the document that expressly transfers title from seller to buyer. American First Federal, Inc. v. Battlefield Center, LP, 282 SW3d 1 (ED ’09). In addition, pursuant to 15 U.S.C. 1601 §226, et seq. (Regulation Z), a bank may not send monthly statements to anyone other than the debtor unless the account is sold, then the assignee of the account may be given the monthly statements. Thus, the mere fact that the Plaintiff is in possession of the monthly statements, aside from the Business Records Affidavit, evidences that there is an assignment of this account. V. Conclusion For the reasons stated above, judgment should be awarded in favor of PRA in the amount of $6,858.08, plus costs in the amount of $2,800.00, the costs of this arbitration to date. Respectfully submitted, __________________________ Now I'm worried! Should I resend that offer via email especially now that I have the attorneys actual email address (I didn't before and sent it to PRAs general mailbox) ? thank you again (and @Harry Seaward) for all your help!
  17. Hello, thank you! You are so helpful to so many, I read many of your responses to other posts and learned a lot. We had a home second mortgage with a credit Union but after three times we filled out their forms asking to reduce or reform the monthly payment and they always "lost it" and we stopped paying when I got sick and lost my income. The debt was sold to CU Recovery and they were very strong at the beginning, 8 years ago. In 2005 Hubby had a cancer so payment was difficult and CU Recovery made an agreement with us, for $20 a month, based on our nonexistent income. Today they called and spoke to me as if they were still some kind of representatives of Fairwinds saying things like "Fairwinds now decided they are not going to wait anymore and they decided to do a foreclosure"; "Fairwinds lend you the money altogether now they want it all together back so you need to make a second mortage to pay them because your house has some good equity...". I even responded: “tell Fairwinds that we always paid on time and they were too greedy to work with us, when we got sick and couldn’t pay them anymore. Now we have paid on time based on the last agreement and we always want to pay and comply with our side of the agreement, but tell Fairwinds we cannot afford to get a second mortgage etc.. I played the game of "Fairwinds" knowing it was them. My question, besides knowing he is wrong kind of "impersonating" that he works for the bank directly, is to know if they do have the right to start a foreclosure in our home knowing they are a collection agency? I read they are a bank too? Do they obtain this right when they get the debt from Fairwinds? Is this possible or not?. Also, can they push us to obtain a mortgage to pay themselves? (this was really weird ... ), He insisted our house was valued for a super high amount of money and we had it almost paid off so if we didn't want to get it foreclosed we better get that second mortgage, to the point he offered to get me some banks that could give us that loan. I told him that if he was able to get a bank that would receive $20 monthly as the payment we might have a conversation with them . They have doubled the debt and it has been 8 years, we pay every month no fault the $20 agreed, what else can we do? Best regards, deeply appreciate any time and information you can provide to us. Maria J. Rodríguez.
  18. Thank you, Thank you, Thank you. A million times, thank you! I think this will be really helpful when I meet for my consultations in the upcoming days. I truly appreciate this, and will come back with updates as they happen.
  19. Dont know yet. I am waiting for the CCP 98 docs. I dont think the Junk Collector will be silly enough to name as their Affiant an employee from the Plaintiff.... Right?
  20. Ok, you should be good to go then. Like I said, it would be very surprising if they actually filed a lawsuit on a time barred debt, but keep an eye out just in case.
  21. Thanks for the response. I have indeed double-checked the agreement (I'm assuming OC is Original Creditor) PRA contends I'm subject to...arbitration is in there, no exceptions that I can see. I just took another seems very consumer-friendly (relatively speaking). The only clause it contains Re: small claims court says (paraphrasing) that the creditor will not file for arbitration if the consumer elects to take action in small claims, there's nothing at all about the creditor filing there.
  22. It would be almost unheard of for them to sue you on a debt that is truly beyond the statute of limitation. If they do, I would file a motion to dismiss on the grounds that the debt is beyond the statute of limitations. If that doesn't work and you have to subsequently file an answer, state arbitration as an affirmative defense in your answer and file a motion to compel private contractual arbitration. Have you already verified that arbitration is a viable option? Not all OCs include it in their agreements, and some OCs put exceptions for small claims courts in their arbitration provisisons.
  23. Yesterday
  24. of recently I believe the debt (disputed) a JDB...Portfolio Recover Associates...has been trying to collect is time-barred. Periodic correspondence over the past year (!) has requested PRA provide proof of origination of claimed debt, a full payment history, etc. Each communication has stated clearly that the debt was in dispute and not acknowledged as valid. At one point a complaint was also filed with the CFPB for misleading correspondence from PRA. It was also made clear that the response to any type of filing would be a request for arbitration per the alleged agreement. Whatever has been happening on the other end of this...the clock appears to have run out. I'm curious about tactics from here. I assume PRA is likely to still file an action...and I'd need to respond. Based on what I've read I'd assert an affirmative defense that the debt is is now time-barred. But would I first respond that court was an improper venue and the action should be taken to arbitration...then point out that the debt is time-barred there? It seems like I'd want to do that, to get into the venue the agreement they contend I'm party to stipulates as the proper forum, then call out the time-barred status there. Comments/thoughts? TIA!
  25. Correct. You cannot use the pre-printed Magistrate Court form in Superior Court. The amount you are being sued for rules out Magistrate. You need a formal answer formatted the way the court rules specify. At this level of court you have to follow ALL the rules of civil procedure. The same for the motion to compel. Make sure it is properly formatted. Because this is not in Magistrate Court not only can you file the MTC in advance you HAVE TO.
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