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  2. How did the original case from 2004 end, by dismissal without prejudice? by Judgement that you did not know about? You need to know what happened in that case to determine what your next steps are. You can do that at the courthouse too.
  3. This is what I was saying. I don't know what this attorney's definition of "significant" would be, but $11k is nothing to sneeze at. There is a problem with JAMS also. One of their arbitrators ordered the consumer to pay Discover's arbitration fees. The case went to appeal, but the wording of JAMS rules aren't as clear about this as AAA's rules, so it's not impossible this outcome will become the new world order with JAMS cases.
  4. Today
  5. Hoping I didn't make a mistake using AAA instead of JAMS. Guess we will find out. Worse case scenario, they win, try to garnish something only to be shot down with a claim of exemption.
  6. Hello everyone, I recently was in court and this Resurgence place and Steven Fink are trying to revive a case to collect a debt they say I owe on. My research shows this case started in 2004 and died off in 2008 with no activity up until this month when they filed the motion to revive. Curious as to what this was all about because I can barely remember yesterday let alone anything from 2004, I went to pull the latest microfilms from the filing they did. It showed a form stating proof of service via certified mail (sent to the original address I lived at in 2004, no longer there for 9 years now). The document was filed stating that also a "special process server" served "me personally" and briefly described me as the person served. There are a few problems with this document filed. 1) I do not live at the address listed as being served (its my sisters house) 2) the documents were left in the door in a clear zip-loc baggie exposing my information to the public and my family 3) I was at work on the day and time said being served, I have proof of time clock printout. Yesterday was the court day set to hear the case and for them to try and revive this whole thing, I showed up and the lawyer tried to get me to "negotiate", I would not talk to him as I knew what he was up to. When my name was called to show in front of the judge, he explained why I was there and I politely told the judge I was not served and proved my place of residence of the last 9 years. The lawyer quickly told the judge to "Quash" the service, the Judge told me that the case would be set to trial, but I was not given a date. My understanding is that I will now be sent letters to be served to once again revive this case. Should I seek a lawyer or do I have a fighting chance to go at this solo? any advise is appreciated. Dave
  7. Up to 2 months of benefits are exempt from bank levy. ANY amount above the 2 month total or funds from non exempt sources i.e. a boyfriend with joint checking can be seized. She needs to ensure no money above one month of disability remains in account she and she alone is listed on.
  8. Unfortunately those probably weren't the terms you agreed to when you took the loan...
  9. Correct me if I'm wrong, but they cannot go after anyone if they're on disability.
  10. Bingo. AND make a good copy of whatever you send. One time I sent discovery answers to an opposing firm. Unfortunately, I thought I had the most up to date version backed up. I didn’t. I didn’t make a copy of what I had sent. And, I didn’t send it Certified Mail. That cost me big time.
  11. What ever happened with this? I'm dealing with this guy now and he seems to be as shady as they get.
  12. Usually the court schedules a pretrial when the defendant has filed an answer. Maybe in your court they just schedule a trial. I would file the MTC Arb ASAP.
  13. It doesn't have to be certified (unless your state's rules require it, which is unlikely), but it is usually best to use certified mail, as it is a common tactic of JDB attorneys to claim they didn't get what you sent them. Certified mail gives you proof that they did get it.
  14. the original loan was $18,600 back in Sept of 2014. My last payment was made was Sept of 2017 and at that time I had paid the a total of the following: Principal $9679.00 - Interest $15311.00 for a total of $24,990.00 interest rate of 35.90%. Based on the paperwork I received those are the totals of how they applied my payments of 4 years. Velocity is saying I still owe $10,292.57. Which is remaining principal $8920.00 and remaining interest $1372.00 along with $110 in court costs. That makes up the total $10,292.57. I did file a motion to Compel and a answer to the court last week stating the Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. Today I got a notice that the judge told the clerk to set it up for a court date but I don' think they had time to see my Motion to Compel although it was accepted. According to the strategy and other posts I should show up to court and state that I have filed the Motion to Compel and do not wish to have this heard in this court. due to the above statement unless I hear differently. I have not done filed with the arbitration company yet and with the notice from the judge that I see today i am unsure if i should go ahead and do that yet. I am sure they hope he will deny the arbitration motion. Is there anything else I should do before then? Am I on the right track? My goal here is to pay them ZERO... they have gotten enough from other people they did not know how to fight back or could not and I don't want to line their pockets any further. Please let me know your thoughts and advice. Thank you
  15. I called the court today and they said that a trail is scheduled. Is that normal?
  16. Does the copy to the opposing attorney have to be certified mail or regular?
  17. We will see how it all plays out. The plaintiff attorney had this to say in a blog post. "Upon receiving an arbitration demand, we usually call the debtor’s attorney to be sure his client is willing to pay the costs and fees associated with debt arbitration. We attempt to get the case mediated before we recommend that client spend money on arbitration. The American Arbitration Association fee schedule, in our opinion, is so costly that unless the claim is significant dollar wise and has at least a fair chance of collection after judgment, we may recommend the matter be handled by us on a flat fee through trial. This will at least give the client some certainty as to attorney fees but they will still have little to no control over costs."
  18. I have attached a redacted MTC Arbitration.pdfrough draft of my MTC Arbitration with the notations that you suggested. Do you or @fisthardcheese mind looking at it and offering an opinion?
  19. Debt settlement companies make their money on amounts they can negotiate with your creditors. Bypassing them cuts into their profits, so I'm hypothesizing that your greenpath settlement agreement will have something to say about you going around them to deal directly with the creditors.
  20. You can motion the court, but you can bet opposing will object so it's not very likely to be granted.
  21. Because that part isn't your debt - they can charge legal fees, since they had to incur those costs to collect, but they can't charge you for what they bought it for, since they did that to make money. It's like if you buy a used car for 1K and fix it up so it's worth 4K - you aren't going to say "I want 5K - the 4K it's worth plus the 1K I paid for it."
  22. There's literally no accurate way to calculate what they pay for the debt. For example, take a portfolio of 20,000 debts with a total value of $1,000,000 consisting of individual debt amounts ranging from $69 to $32,000, and they pay $100,000 for the entire portfolio. There are at least two different ways to calculate what they pay for the individual debts, and neither of those are truly accurate. The other reason is the aren't buying individual debts. They are buying a portfolio. The actual value comes from the work the JDB invests in to creating a 'finished product'.
  23. Right. It wouldn't make sense for them to spend $5,000 to collect a $3,000 debt, but these high dollar debts are the ones they will use to make their example. Especially with AAA, since their exposure is relatively limited if they can successfully 'fast-track' the proceedings. @chuckgst & @Dgree the only way they will walk away now is if you can make it cost more than the debt is worth, AND get the arbitration administrator to communicate with the JDB that *they* will be paying the entire amount of arbitration fees. If they are thinking this is like court, where their fees will be wrapped into the judgment, this may be reason enough for them to press on. Sure, it will be 'funny' to imagine their faces when the get the final bill, but it does you no good since you'll have a judgment against you at that point.
  24. I have a question on this issue. Why don't the JDB ever add the amount they buy the account for to the balance they claim is owed? Seems like a loss for them and in a way is not the correct amount claimed owed since they don't add it? Just a thought.
  25. This is, perhaps, the biggest mistake people make in these matters - thinking that the debt value is somehow tied to what they paid for it. It's like if you bought a Picasso for a dollar at a garage sale - would you only spend fifty cents on a frame? If they paid 1K for your 20K debt and 8k to collect, then they doubled their money - why wouldn't they do that every time?
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