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  2. @usctrojanalum The sold "as is" blurb in the forward flow agreement may still be a problem: "27. Forster & Garbus’s attorneys do not conduct reviews for warranties or disclaimers of warranties related to debt sales, and did not do so between 2014 and 2016. This means that debt buyers represented by Forster & Garbus may buy and seek to collect debts without any warranty that the debts are valid, accurate, or were owned by the seller. More broadly, this practice suggests that Forster & Garbus is generally unfamiliar with (and fails to conduct significant review of) its clients’ contracts." "28. ....Where supporting documentation has not been provided by one of its clients and a consumer has not requested substantiation of a debt, Forster & Garbus has generally not sought to investigate or otherwise verify information, such as the debt’s validity or accuracy, before filing suit. It has not sought payment histories, account applications, billing statements, copies of payments, cash-advance check copies, the terms and conditions governing an account, or consumer correspondence. 29. In 2014, of the 45,621 accounts on which Forster & Garbus filed suit, Forster & Garbus possessed original or supporting documentation for only 8,958 of those accounts—19.6% of accounts. 30. In 2015, of the 34,103 accounts on which Forster & Garbus filed suit, Forster & Garbus possessed original or supporting documentation for only 14,965 of those accounts—43.9% of accounts. 31. In 2016, of the 20,006 accounts on which Forster & Garbus filed suit, Forster & Garbus possessed original or supporting documentation for only 15,113 of those accounts—75.5% of accounts. In 2016, Forster & Garbus began to possess more original or supporting documentation for its accounts before filing suit because clients stopped referring accounts to Forster & Garbus until those clients were able to ensure the firm had sufficient information to permit the firm to sue and obtain judgments under the regulations of the Office of Court Administration. "
  3. Today
  4. This hits close to home for me as I live in Commack, NY. Most interesting is that Forster & Garbus are truly small potatoes in the grand scheme of things. They are a 12 attorney firm and have filed 99,000 lawsuits over 4 or 5 years. This is unlike the last lawsuit the CFPB brought against Frederick Hanna; who had 400 employees and was filing 100,000 lawsuits per year.
  5. I apologize, I am not sure what you are asking? The order from the court to go to arbitration was for the 22K case. Not sure if this is what you are asking.
  6. Doesn't seem like anything here would apply to these types of calls from Midland. I'm sure Midland agents are not using iPhones to place their calls. They are using traditional old school ATDS systems under any conservative definition of the term.
  7. Did you file the court order with the 22K case? This thing gets more messy by the minute.
  8. @Harry Seaward @Goody_Ouchless This is a case where Midland asked to settle for dismissal once they got the initial AAA bill and OP countered with dismissal with prejudice plus their costs and Midland agreed to that. It doesn't seem like following people into arbitration is a Midland policy change with this plus the other Midland dismissal this week. It might just be the decision of those couple attorneys only in the other cases.
  9. TCPA has been undermined big time by the decision in ACA International v. FCC https://scholar.google.com/scholar_case?case=7140589698627765519&q=aca+international+v+fcc&hl=en&as_sdt=6,44 Basically the FCC made it extremely easy for caller violators to claim they are not using an ATDS. Some courts still use the old FCC orders, where almost any device qualified as an ATDS, but they are the exception and not the rule and a lot of cases now are relying on the above opinion and ruling in favor of robocallers.
  10. The Arbitration clause #2 stated that "We will not require you to arbitrate any individual case in small claims court or your states equivalent court.......... so the plaintiff attorney argued small claims exemption. I stated although the language is ambiguous at best #1 states "you or we" and that the language of #2 glaringly only says "We" so that leaves it open that "you" us the plaintiff can still file for arbitration. Judge was about to side and deny MTC, I could tell by look he gave me. And when I filled MTC I sent court paper stating we would use AAA, and I sent attorney paperwork which was my original which said JAMS. I decided to change after reading more here. But I didnt go back and change form I already had in envelope for attorney. So the attorney also argued as judge was about to rule, stating beside the paperwork we have states JAMS and the paperwork you have your honor states AAA ,,,so which is it. And your honor the the filing is asking for a dismissal. I spoke up and said we would be happy to use which arb company plaintiff wants, and your honor we asked for dismissal or stay until arb complete. The judge looked at plaintiff attorney and he said either is fine and if its stayed thats fine. Judge said motion granted.
  11. Not to change the subject but please elaborate on "We won the MTC with help from the Attorney representing JDB." What exactly happened there?
  12. Yesterday
  13. I have been helping my wife being sued in Texas small claims, by JDB. We won the MTC with help from the Attorney representing JDB, yay. Anyway, I have read the threads on filing and how too, and strategies. My problem, its been so long ago since they were calling I don't remember any violations in there calling. So should I go back through phone records? She has another JDB that I know has violations such as calling family and friends after told not too. But what should I be looking for to try find any violations for my AAA filing. I'm a little stuck here, as to having any legit violations. I know from the great "Cheese" I can amend this filing down the road but would like to be prepared. Any direction and help would be great. How much proof must I show to support these violations? Thank You Anthony
  14. Its simple..If they havent filed suit call them and make them an offer..say 50% of amount...say 500.00 ..Then ask them to set it up on 12 month payment plan. They would rather get something than have to play ring-around - the rosie. Try to stay in contact with them through out this situation. If you dont that become harder to work with and i know this from first hand experience.
  15. @fisthardcheese I am thinking the 3K one is getting closed as well. The letter from AAA for the 22K saying they closed it states "due to a previously filed case that Unifund didn't pay all the filing fees" and states "they will not administer this case (the 22K) or any other cases from Unifund. Which the 3K one they paid their upfront $3000 bill but I know a previous letter said they were going to get billed $1400 case management fee once the arbitrator is appointed. But I haven't received a letter about the 3K yet so obviously I won't do anything with the court until then. And I don't want to get too excited either.
  16. there affidavit states the following, in part, " the attached documents are true copies of the originals except for the extent..." Do they need to state what documents specifically? Do they need to state documents are "true AND correct? do each of the documents need to be notarized? Do they need to state that the documents transfer to them are accurate and reliable? Thanks !
  17. You need to completely understand what a new payment agreement would mean. Because you are already seriously in default and they are dangerously close to suing they will not just agree to new payments. They will expect you to sign a consent judgment. That means if you fail to make even ONE payment they do not have to sue you to collect. They merely have to file the consent judgment you signed with the court then they can take legal actions to collect. The biggest weapon they have at the point they have a judgment is garnish your paycheck. And no, they do not care if it is a "so-so" job and you cannot financially survive with 25% of your paycheck being garnished. Another is to wait until your paycheck hits the bank and levy the bank account taking the whole thing. Before you agree to a new payment plan or consent judgment make sure it is an amount you can afford for the entire length of the agreement. While you may not own tangible assets for them to come after they do have legal remedies which will not be pleasant if they take them.
  18. When you say I would be in trouble.... what do you mean? What can they do to me? I have no money. I rent my home. I dont have a car payment. Im 49 years old and Ive NEVER been in this type of situation before. Its embarrassing depressing and pretty darn scary.
  19. It doesn't work like that. The day they file their counterclaim in arbitration is the day counted for SOL. Their claims will have been filed within the SOL even if the time expires during the process.
  20. Sounds like you will have a nice outcome soon. These are some of the few FDCPA violations that still occur due to the automation process of JDBs where someone inputs incorrect information into the system and the system runs with it and no one can catch it until it is too late.
  21. That is irrelevant to the court rules of how long they have to respond to a motion. This is a key bit of information you should know before going to a hearing where you might be able to ask for your MTC to be granted as unopposed if they did not respond by the required time.
  22. Don't over think it or try to guess their reasons why they do this or that. Just go with the facts here. The facts are that they need your stipulation in order to dismiss and they clearly want to dismiss the case. This gives you a perfect opportunity to tell them you are willing to work with them on a dismissal with prejudice. Make the email very concise, simple and to the point. The worst case is they say no, and then you can choose to accept the dismissal without or to continue and force the MTC hearing and then try to settle again for what you want after MTC is granted. But I feel that the odds are in your favor to get the dismissal with prejudice.
  23. Do you have judgments against you or just old accounts? DO NOT do this. There are serious tax consequences to doing this and I am not entirely certain the money would be safe. I would suggest opening a pre-paid debit card to have the paycheck deposited to. You are worrying about the bank account specifically but NY allows creditors to garnish paychecks so if they were going to take your money they would do that before a bank levy.
  24. Possibly. I'm no tax expert, but this is potentially opening a huge can of worms as far as your taxes go. Your current employer would be paying your 'business' at an employee tax rate, and your 'business' would be paying you, possibly at a much higher 'self employment' rate. I'd talk to a tax professional before i did anything like this. It would be easier to set up a checking account with an online only bank (like Capital One, for example). It takes time and resources to locate bank accounts, and most judgment creditors only look for accounts at banks in your state. Have they gotten an order to levy your bank accounts yet? They have to do that before they can take anything from your accounts.
  25. Were you sent a collection letter that contained the 30-day validation notice? Finding an entry on your credit report is not an initial communication that triggers your right to request validation. While reporting to CRAs is considered a collection activity, where does your state law say that a license is required before an account can be reported on your CR?
  26. The company I work for is making me get direct deposit. I don't have a bank account because I'm afraid my creditors will freeze the funds. I was laid off about 9 years ago and my credit and my life were destroyed. I'm living paycheck to paycheck and I've rebuilt my credit quite a bit but still haven't recovered completely. If my paycheck was frozen it would be devastating. My question is if I created a business and opened a business checking account could I safely direct deposit paychecks from my job into that account without my creditors taking it?
  27. They do have hardship programs. Talk to them. Explain the situation. They would almost certainly work out a payment plan rather than having to sue. Realize, if you make the payment plan and don’t keep up with it then you are in trouble.
  28. I only have $700 in my account. Will they take a payment program?! I dont know what to do! I just literally got on my feet.
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