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  2. Hi all I'm new in here! Happy to be a part of such a huge family.
  3. Today
  4. I would ignore them. Keep monitoring your reports. If the TL shows up changed, then maybe contact them...but, if its paid in full, i wouldn't worry about it.
  5. Last week
  6. Bump - re: my last two questions in paragraph three, I need to respond by the end of May. Thanks in advance.
  7. That is exactly what they should have done. Congratulations. For the benefit of anyone else who reads this thread: Santander is not a junk debt buyer. They are a subprime auto lender and frequently buy out entire portfolios of other smaller lenders who are seeking to get out of the auto credit business. My guess is that your old account was treated as though it was still active and once you brought it to their attention that this was a mistake they did the correct thing and dropped it. Make no mistake you do not ever want to do business with them (as in if this is your only financing option take the bus or walk) but they are an original creditor and the FDCPA would not apply to them.
  8. Check SC law, but I believe up to $5000.00 in cash is exempt from levy.
  9. Update: Thanks to everyone who gave their input and advice. Just in case anyone here wants to know what happened. Taking the advice of many here, I sent an FOAD letter to Santander pretty much stating that they were in violation of a few laws and that I know the debt they were trying to collect from me was time barred. They sent back a nice reply. Their reply pretty much stated that they were in error and neither them or their client will be perusing this debt any further. They said that they consider this matter settled. I'm not sure if they knew based on my letter that they did not follow the law by not including pertinent information as required in their first communication to me, or they just took me at my word when I told them I knew this debt was time barred and I refuse to pay anything. Either way, I'm glad to just put this all behind me. Thanks again everyone. I hope this helps someone else out there with Santander.
  10. You're not "about to be sued". You've been sued. The good news is that Synchrony is the original creditor.
  11. Hello Everyone, I recently got a suspicious piece of mail from a mediator regarding a pending court case. I googled the case number to see it was recently filed by an attorney from Clarkson and Hale Law office in Columbia, SC (3hours away) on behalf of Midlands Credit Management regarding a Synchrony account that was charged off 1.5 year ago. The SOL in my state is 3 years. Today a deputy left his card at my door while I was at work. Hoping to catch him I returned the call but he was already gone. The department is closed until Tuesday bc of the holiday. I want to get a jump start on this and be as prepared as possible. I’ve never been in this position. I don’t want to pay Midlands bc the account already reflects poorly on my credit and doing so won’t change anything, but honestly I can’t afford to settle right now. Everything is tight. I have never corresponded with them- not taken one call or sent correspondence. I do own my home and don’t want a judgement. My paycheck cannot be garnished in my state but my bank account probably can be frozen. It will be a freaking nightmare to loose my bank accounts. Here is some info: may 7- summons and conplaint may 11- archived summons s/cc/d may 11- summons and conplaint docs they have paid $80 in court fees so far I’m a bit nervous and I do want to fight it. So far, everything is filed in my county Horry. The amount is maybe close to 3670. Please advise on the beginning steps and timeline. I’m literally researching the law threads that may pertain to a beginner like me. Thank you in advance!!
  12. You really have to stop throwing spaghetti at the walls to see what sticks. You can instruct them to include your own statement in your own words, but short of that, they can put whatever they want (or nothing at all) as long as it's accurate. They key is accuracy.
  13. On credit karma on an account under transunion there is marks such as "Dispute resolved but consumer disagrees" then on Equifax it says "Dispute resolved meets FCRA requirements"
  14. Does the MTC get filed at a hearing or in response to being served with the suit by entering it as a response to the suit? I am guessing worst case is I have a court date where I would then file the MTC.
  15. No the initial hearing is on June 1st. I found out my arbitrator knows my boss (assuming I go back to work when restaurants can reopen) by a Google search lol. Is there a template I can use to start preparing a brief? I don't remember doing anything like what they uploaded, just something saying PRA violates consumer rules, etc in the demand. Im reading over the prelim hearing info sheet and it says one of the discussions will be "whether claims for attorneys fees , costs, interests exist." What happened to them not being able to try and get their costs awarded from me?
  16. What remarks? Are these your consumer remarks, or what the creditor has made? Give us an example.
  17. I would call the clerk's office and see what's up. It may be that the court has been closed and no one has mailed you a copy (even though the attorney is supposed to - doesn't mean they did). Ask the clerk if you can get a copy emailed since in-person business is limited due to COVID. See what they say.
  18. Wait. They will sue you, but you should do nothing unless and until that happens. Get the MTC granted before filing anything with JAMS. They will not file with AAA before you do.
  19. You did very well for yourself here! After a slightly bumpy start, you filed your supplemental affidavit with the entire contract and persuaded your judge. You have the last laugh. Any other details or redacted documents you can share/post will help the next nervous newbie from Maryland. "Paying it forward" is how this forum remains vital.
  20. Yes, of course. This has also been addressed here many times. It's certainly worth arguing, but invoking a contractual arbitration clause is not the same as a "suit". This is what I think the arbitrator was getting at when he said court proceedings aren't relevant to arbitration proceedings.
  21. I have been waiting for a copy of the motion to be mailed so that I can see what it says. However, I'm nervous about waiting any longer. What format should I use? Should it just be a letter? Also, should I include copies of emails or my CMRR? I plan on working on this document over the weekend.
  22. The motion to dismiss with prejudice seems like textbook retraxit to me. Especially since PRA filed it with the court in mid February, before paying the case management fee and before AAA sent the initiation email on March 9. The Retraxit Trap
  23. @fisthardcheese If memory serves me, another member had really good luck following your advice and set the attorney up with an real deal JAMS case by when the JDB filed suit AFTER a demand for arb was sent. Worst case is they try and sue me in Civil and at that time I file the MTC for arb. Yes no? One other thing..If I initialize the arb, I choose JAMS, I know you favor them for a few reasons. If they file, they will probably choose AAA. Any thoughts there? Or do I exercise some poise and wait to see what their next move is?
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