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- Past hour
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Greetings from the Great Republic of Texas! Been doing some searching about how to go about paying a settlement. The search basically led me onto these forums. Onto the main part. I pretty much negotiated a settlement (Lump sum) with a judgment collections agnecy, got it in writing, read over it and decided it was legit/what We discussed, sent it back signed, they confirmed they received it, got them to send me a copy of it just to make sure, and now I’m wondering how I should go about paying the collection agency. Check, debit card, money order, prepaid debit, certified mail? Hopefully y’all have some insight on what way I should approach the situation.
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I am starting to think my best bet right now would be to file failure to serve and get her response (that has her counterclaim of 22k) thrown out all the way? (She did not serve me the documents) Then essentially starting at square one again? Since it was a preliminary hearing, my objections were never settled on, so really that 22k is still in with her counterclaim. as of right now both are in there, the 22k and the 3k because the preliminary hearing ended and she doesn’t have to “ask” to add it, right? It all just occurred to me on this. That way the burden is not on me to get i it out, the burden falls on her to fight to get it in. And honestly the serving thing just occurred to me because when aaa finally sent them because jdb wouldn’t, aaa still gave me my 14 days to respond. But that didn’t benefit me at all because the arbitrator was there for a preliminary hearing, not an objection
- Today
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Shank joined the community
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No. As of right now she still thinks this is the 22k account in this claim and my claim is frivolous. The confusion arises too because this phone hearing wasn’t prompted by my objections. This was simply the initial conference hearing that was already scheduled. I didn’t get her “response/counterclaim” until one week before our conference hearing but hurried and filed my written objection and file/served them. So the arbitrator was there just for the initial conference hearing. He wasn’t looking into documents or anything, strictly to conduct the initial conference hearing. Then he asked is there are any issues or anything, which is when I brought started pointing out the problems and she started going off. So now is when I write a brief on my claim. Calling a phone conference right now will NOT clear it up. She was 100% certain THIS is the 22k and I am wrong and lying 🤷♀️ At this point I did make a point to bring up the fact that she is combining two aaa cases into one and she kept saying no she isn’t. Despite me pointing out the evedence “she” submitted had documents clearing showing 2 different credit card account numbers. She just kept saying no I am not.🤷♀️
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Please quit starting new threads every time you have a question. Keep it all in one place. -
Realistically? You can expect judgment against you for the amount of the debt plus attorneys fees and court costs. And then interest on that judgment at 10% until it's paid. The only reliable way to beat these cases is with arbitration. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
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None of that says anything about her having a discussion with the arbitrator in which she acknowledges by quoting the AAA rules that she won't be recovering her fees.
- Yesterday
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It got lost in the 18 pages. lol But yes, yesterday it finally clicked that I was misunderstanding what you meant by make it clear to Respondent. Which I am pretty confident she will not keep paying once she gets the next bill. Doens't mean she won't and definitely doesn't mean she won't pay the 22K one to recoup costs, which is likely.
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Which I have actually learned to do since discussing all this with you guys! I noticed yesterday, I sent an email on March 4 to AAA and JDB (because we have to include other party on all communications) saying "I have an AAA case that was administratively closed because I was waiting for my MTC to be granted. It is now granted and I need to file and pay to get that case initiated." Wouldn't you know, her "answer/counterclaim she filed was dated and uploaded to the online case file on March 6. Two days AFTER I sent that email (which I didn't realize because I didn't see these until April 8 because she never properly served the answer and the AAA finally sent them to me because attorney wouldn't answer any of my emails. (and I NOW understand the importance of objecting to anything not properly served) You best believe I will point this out, along with all the notices from AAA on the other case that says THIS IS A COURT ORDER arbitration claim. Yet, she argued until she was blue in the face saying this is the 22K not the 3K.
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I just Filed an appearance, idk what to expect at court, can someone give me more info. Especially on how to create my defense -
I brought up the lawyer's ignorance of the fees a dozen times. Why is this the first we're hearing she acknowledged she can't recover fees?!?
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What exactly does this mean? What was said, word-for-word?
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Being sued Unifund
Brotherskeeper replied to williams4's topic in State Laws, Case Law, Sample Forms
Your continued patience on this forum is incredible. Truly. I learn from you each time I read your posts. Thank you for all you contribute here. Ahem. I hope this isn't a question that tries that patience. I know arb is less formal. When bringing a formal claim demand (after the initial filing with brief description) for FDCPA violations, do you have to make all of the allegations that are required in a court-filed FDCPA complaint? -
You guys taught me that!😂😂
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Sued by Hunt & Henriques / Midland Funding! Pls Help.
ezzierose replied to ezzierose's topic in Collections
1. So I filed my MTC, but when I went to do it, the clerk told me to go on the court website and make a reservation for a date. I went ahead and tried doing that, only to come to an issue/error that says "Norwalk Courthouse Department A does not allow online reservations for Motion to Compel Arbitration. Please contact the department clerk for further direction." (Screenshot Attached). On the reservation page, it asks me the type of reservation, so I selected Motion to Compel Arbitration. I returned to the clerk and showed her the error the site was giving me, not allowing me to make a reservation. She then says she cannot file it without the reservation. She consults with her supervisor and comes back to tell me, "it's because you cannot do arbitration in a collections case" (Confused look on my face at this point). She eventually says to me, "I will take it, along with the screenshot of the error, and send it up to the judge". She stamped it and I went on with my day. Not sure what my next steps are. I am waiting to see if they send me something in the mail. 2. Where do I put my answer? Do I just write it on the documents they sent me under question 1 or do I write my answer on a separate sheet of paper? Thank you. -
Monica12 joined the community
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Being sued Unifund
Brotherskeeper replied to williams4's topic in State Laws, Case Law, Sample Forms
Learning how to carefully read all legal writings is a critical skill to develop. -
Hopefully these are in order now lol. -
Actually, you kinda did...
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Memo
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Not sure how this hasn’t been handled right? A lot of the “what if” questions I ask and freaking out on what could happen, absolutely not handled right!.(Anxiety gets the best of me and actually just got home from the dr to fix that, so hopefully no more worrying over things that don’t matter!) but not sure what part of awsuit/arbitration hasn’t been handled right?
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You may not want to depending on when the default happened. The problem for you as co-signor is that when the primary borrower filed BK it did not discharge your obligation on the debt. You still owe this. If the SOL for suit is still alive disputing this now may simply spur the credit union to sue you for the debt. That is because "charge off" is an accounting term and has nothing to do with lending itself. It merely indicates that the account is no longer considered a performing asset and is now non-performing a.k.a. a debt. They do not have to describe the act of charging off in the default clauses for it to be valid. Unless the credit union hires a collection agency or sells the debt they are not a debt collector. They remain the original creditor and the FDCPA and most collection laws do not apply to them. Some states do apply state laws to original creditors. You would have to find out where FL stands on this or what ever state the credit union is in. Charge off interest, late fees, and other fees will balloon a debt quickly and if they are described in the loan documents it is not unlawful or fraud. To a really good consumer attorney to find out if you even have a claim or you are poking a bear to come after you for a large debt. -
Yes, I did file this morning.
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Yes, she does. She cited from citi cc agreement the entire thing about they cannot reallocate their fees unless frivolous. Which is why she asked for reimbursement
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Being Sued by JDB Second Round SUB, LLC
bentdiver replied to bentdiver's topic in State Laws, Case Law, Sample Forms
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Technically, I have handled it right. The jdb is the one that messing stuff up and making it take so long. To be clear, the original 22k lawsuit was filed in August. It wasn’t until January 28 my motion for granted. And I would like to add that it was ONLY because the jdb didn’t show up to the hearing and drug it out that long. The 3k is the one they paid and we just had the initial conference hearing just on Monday when I have tried everything in my power to tell her this is the 3k. She has it confused and a mess, not me! Considering how our initial conference hearing with aaa went, she hasn’t walked away because she still has no clue what’s going on. Her response (that I objected to) had exhibits of two accounts attached. 3k and 22k. She kept calling me a liar and saying no she didn’t. But she clearly did and I even pointed out which exhitits had what account number/amount on and she refused to even look. Then she kept saying this is for the 22k (when it’s not, it’s for the 3k) She told the arbitrator that she was waiting to pay the 3k fees until she saw how this went. Finally, since we were obviously getting no where, the arbitrator said so the claimant initiated the claim on both, (I said yes, and this claim was paid BEFORE we even had the court order) then he said clearly the claimant knows which account number goes with what case number (which jdb said, we will see) and he said he is ONLY able to decide on whatever account number is in THIS case. So we got off the phone with her STILL thinking it’s the 22k, but it’s not. She hasn’t dropped it because she still has no clue what’s going on Absolutely! I have pointed this out many times through this process! And I really do appreciate everyone’s help! Despite my ignorance and annoyance
