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  1. Today
  2. UPDATE! Had a hearing on my MTC Arbitration yesterday. I think it went okay, had some back and forth with the attorney. He asked the judge to make me pay for all fees since I was asking for private arbitration. Judge did not agree with that but he did grant my motion. So now, I am filing with JAMS for arbitration.
  3. If they agree to that most likely they will want a consent judgment. That means if you are late or miss even ONE payment they do not need to sue you again they can simply record that judgment with the court and garnish wages or levy a bank account. DO not agree to this if you are financially unstable. Settlement discussions are not admissible in court so there is no risk in discussing options. Many courts have a pre-printed answer for that you can use. See if your court does.
  4. Yesterday
  5. @brotherskeeper In the warrant in debt , unederneath CLAIM: they said its an open account. What do you think of this link? https://protectingconsumerrights.com/debt-collection-problems/statute-of-limitations-by-state/states/virginia/#:~:text=In Virginia%2C during the time,file suit against a consumer. In Virginia, during the time period in which an account remains open, and no payment is made on the account, a collector has a statute of limitations of 3 years from the date of last payment or last charge for goods or services rendered on the account to file suit against a consumer. If a debt is based on a written contract (non-Uniform Commercial Code) the statute of limitation period is 5 years.
  6. @Brotherskeeper I totally forgot to post here on my thread. I am not offended I am learning what I need to know because of your HELP, so I am very thankful for that. They sent me a warrant in debt on October 25,2019. My court date was Dec. 20, 2019. I was supposed to go to court on Mar. 27,2020, but I asked for a continuance because I was going back home to the Philippines but didn't happen because of corona virus.. Now my trial is June 9, 2020. If Midland does say that I did not give them advance notice according to the rules. Can I argue that I'm doing this pro se and also had technical difficulties? I just wanted to ask but I 'm pretty sure they wont care. But if the judge grants them a continuance then what do you think will happen? When I went to court last year Dec. 20 2019. I asked for the bill of particulars they sent me a huge packet filled with monthly statements and here are some of the documents I took a picture of.
  7. Thanks! I believe I will call them and see what can be done. I have absolutely learned my lesson about making payment arrangements sooner rather than later.
  8. I am not saying this to criticize you, but to give others a lesson. While there are exceptions, with medical bills, the earlier one can work out a payment plan or some kind of settlement, the better. Some medical providers are really great about working out payment plans, others range from meh to horrible. Such is life. To the OP's situation: You will almost certainly lose this case, unless there is some serious fault with the case. In that situation, the question is, are you "judgment proof"? In other words, if they have a judgment against you, are you in a position where they will never be able to collect? If so, that is a different matter. Assuming you are NOT judgment proof, you have three strategies. The third one would probably be the cheapest for you. 1. Do nothing. They will get a default judgment against you, and then go after you to collect the money. This is usually the worst option. Once they have the judgment, you can either work out a settlement, or else make them collect whatever way they can. And when they collect, they also get to collect interest. Some sort of settlement is probably better. 2. Fight the case, and almost certainly lose. After they get the judgment, you can either work out a settlement, or go through the steps of having them collect whatever way they can. Again, some sort of settlement is probably better. This has the advantage of taking the longest time, so it can buy you some time. 3. Call them up and work out a settlement before they get a judgment. This is probably the cheapest option, in that you can probably get a better settlement now than you could after they have a judgment. This can either be a lump sum with a discount, or else a payment plan. Note that they will almost certainly make you sign a stipulated judgment, so that if you don't pay, they will have a judgment against you and can collect. IF you can start paying soon, this is your best option.
  9. No - I received them via email and responded before the prelim hearing that I objected in a response via email but I did not hear a reply. I asked in the prelim if I needed to object now to anything in PRAs brief and the arbitrator said not yet.
  10. 2015. Yes, it is the out of pocket after insurance. I've just had 2 tons of medicals bills as I had 3 brain surgeries. It's just a tough time now as covid has hit our small business, but I'm not averse to paying it in payments or something. What is the process if I do a denial?
  11. Thank you as always @fisthardcheese. I will update here if info develops. Maybe I wont even need it!! Thinking positive. Thank you again!
  12. @JennCreditNow ABSOLUTELY!!! Crazy thing is that this debt claim is over 5.5 years old. In NJ all non essential businesses were forced closed by a government order early in March, and these bozos choose to start sending letters out in the height of the pandemic!!?? It really seems they were taking advantage of the situation. On a side note, law firms were NOT deemed essential and they should not have been conducting business at all let alone initiating communications. I had to go to the PO and send the communications CMRRR when people were told to stay home just to protect myself. . I did mention that in my DV request letter. Just really sleazy. Just for that I would fight this tooth and nail. I have heard they pay at the high end of 10 cents per dollar. Bidding starts at 5 cents in the event they come back at me. If they sue, I will try and hit them with any and all FCDPA violations that have a scent of fragrance in this one. They are better off settling now.
  13. Exactly! I can't believe how many just misinformed consumers, settle, whether they owe or not. And most, if they do settle, don't negotiate it, or insist on a pay to delete. Of course I didn't know any of this until I started researching to help my Mom a few years ago. It's tough to know everything, lol! Sounds like perhaps they have already, fingers crossed, decided you are not worth pursuing, that will be my hope for you! From what I have heard, which could be limited, you are safe starting a settlement negotiation at at least half the amount they are asking...and keeping in mind the pennies they pay, that's generous from us consumer's I think! Give 'em hell.
  14. Sorry, new here, thanks for the heads up:)
  15. My question is if I write to the collection agency, Wakefield & Americollect, in the State of Colorado, and keep in mind, this is years after the actual medical collection has been reported on my credit report, asking for any of the following: -The contract of the original creditor -A debt validation, asking for the original creditor and how to contact them -Since I have paid none of these collections, is my contacting them, the collection agency or the original creditor, in any way, have the ability to move the date of last activity to the present day & restart the 7 years? Currently I have about 5+ years into the 7 year amount, however; if them trying to collect interest & fees that were not allowed, could that make the debt invalid, since they misrepresented the debt amount? I received an invoice from Wakefield and it just stated for "different invoices" and no numbers, which leads me to believe that they have little to no information on any of her collections. And Americollect has the exact same amount for collections on the exact same day, yet different account numbers. How does that work. Any information, input or advice would be much appreciated! Thank so much!
  16. @JennCreditNow. Doing my best to at least know what my options are. Thank you for weighing in. I have not heard from the attorney since I sent the arb demand. Obviously that doesn't mean much at all but they did not fire back right away. The arbitration clause in the Card Members Agreement had both Jams and AAA listed for arbitration options. I will still have the AAA option if worst comes to worse. Hopefully they realize they were not going to get their way with a quick default judgement and we can settle a reasonable settlement and move on with life. It seems they hope that no one does anything with the letters they send and they can just get a quick judgement and garnish wages or whatever. I will not let that happen.
  17. Isn't Calvary Portfolio a collection for credit card debt? It's my understanding that JAMS does not take those type of cases. I could be wrong, bug maybe it's worth checking into before you get much further in the process. Also, I had a collection with Calvary for HSBV, I think that was the credit card, sorry if he name is wrong, however; they lost their right to sue many, many years ago and still try to send invoices. You have to look around for the small print that says they no longer have a right to sue you, apparently they can still try to invoice you though. Good luck, these situations can really take it out of you. Just never let them paint you into a corner. Don't get pressured into a decision you are not ready or informed enough to make yet. They want to get through any arbitration very quickly, because their cost and possibly the cost of the judgement could soon have the arbitration outweigh the amount of the settlement...
  18. https://centerjd.org/content/fact-sheet-cases-tossed-out-court-because-forced-arbitration-causes-and-class-action-bans Just in case these may answer some questions
  19. https://www.creditinfocenter.com/community/applications/core/interface/file/attachment.php?id=7577
  20. I know someone who spent over 5 years and 3 different arbitration cases before eventually getting a mutual dismissal settlement with Citibank.
  21. Please start your own thread so that your questions do not get mixed up with the original post.
  22. Their motion was denied by the judge. Who cares what they said, at this point it is completely irrelevant. You need to do exactly what @WhoCares1000 said. Prepare all of your evidence that you have filed in JAMS, bring a copy of your Granted MTC signed by the Judge and remind him that he granted your MTC and placed a stay on the case. Let him know that JAMS is still in process and ask for 90 days to allow the JAMS process to complete. That's all you have to do. Bring any letters from JAMS confirming you filed a case with them. Look forward and not backwards.
  23. Did they verbally ask for costs in the phone conference and did you object to that? What was the arbitrator's response?
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