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  2. CitaDee

    Inquiries

    The account was closed on 6/4/2018 and yes I did have a balance on the account.
  3. i believe that this is a MTC hearing that is taking place as the 'notice to appear' document that was prepared/filed by the clerk just has 'motion' checked off from the available options of (1) probable cause conf (2) preliminary exam (3) pre-trial conf (4) jury selection (5) jury trial (6) nonjury trial (7) sentencing (8) MOTION (9) arraignment (10) informal hearing (11) formal hearing (12) other. hopefully if things go my way then i can go ahead and initiate the arbitration process/forms with AAA through their website.
  4. thank you friend; your reply above is extremely helpful!!!! i did call up the court clerk and they told me that nothing was filed after my MTC so i will follow your suggested replies/advice here and prepare for these arguments!
  5. I submitted an online dispute with Equifax in June 1. Results came back 3 days ago. Said it’s not being removed. Kinda what I feared would happen.
  6. Interesting. They just deleted from all 3 CRA's upon re-disputing (within a couple of days, actually). Part of me hopes they're smart enough for this to be a walk-away. Another part of me hopes they're stupid enough to sue.
  7. Yesterday
  8. This is the break down of the fees and refunds from a arbitrator, they are all basically the same except the hourly rate varies from arb to arb... just for a reference in the future. reading through this they may follow all the way till the refund opportunity runs dry or up to the days before the hearing...
  9. I’ll defer to CA members to help you with discovery. 😀 They also understand CCP 96 & 98. @RyanEX @sadinca
  10. This is the break down of the fees and refunds from a arbitrator, they are all basically the same except the hourly rate varies from arb to arb... just for a reference in the future.
  11. It says you cannot choose arbitration in small claims, UNLESS it is moved to another court. You are in small claims. You should choose arbitration anyway, for several reasons. 1. It is possible, but not likely, that Midland will forget to fight against arbitration. 2. If you lose in small claims court, you have an automatic appeal to Circuit Court. There was a guy from Wisconsin not long ago who had arbitration rejected in small claims. He appealed to Circuit Court. Since it was now in Circuit Court, the judge granted the MTC and he won the case. You should answer this. I am not by my computer now, but I remember Wisconsin has a very interesting law. You will need to look it up. It is somewhere in the Wisconsin Consumer Act. When Citi sold the debt to Midland, Citi was required to send you a letter saying they were transferring the debt. If they didn’t send the letter, by Wisconsin law, the debt was not properly transferred. Meaning Citi still legally owns the debt They never send that letter. I don’t know if any cases where the letter is sent. Many judges and magistrates will ignore that law, because many judges and especially magistrates just do whatever the heck they please. Sad to say Someone who knows Briane Pagel, the top consumer lawyer in Wisconsin, told me that Briane tells his clients to expect to lose in small claims since the magistrates don’t know what they are doing. Then, appeal to Circuit Court. You get a brand new case in Circuit Court and, depending on your county, you may get a much better judge. The best judges tend to be in Dane and Milwaukee Counties. In rural areas you may get a good judge or a bad one. The best results on this board have been with posters from Dane and Milwaukee Counties. Posters from other counties have generally had to try to find the best judge. There used to be a poster from a county with 4 judges. He had a ton of cases in that court. One of the judges really didn’t like him, so he took advantage of a Wisconsin court rule that a litigant can reject a judge one time if that is done before filing any papers. So if you live in a rural county, and if you need to appeal, see if you can find out which are the best and worst judges. This is a LOT for now. For the time being, here is what you need to do: A. Find out the small claims court procedure for answering the complaint. Sometimes you need to file an answer in person, sometimes you can mail it in, sometimes you have to show up at a certain date and time. Some courts make you use a specific form. If they require a certain form, use it. If you file in person or mail it in, you will also have to mail a copy to Midland’s lawyer. Please do that Certified Mail Return Receipt Requested to prove you sent it. The one time I forgot to send it CMRRR the lawyer for the other side claimed I never sent it. B. Write up an answer to the complaint. First, just write up a general denial of all allegations. Second, you have two affirmative defenses: 1. Improper venue, because you are electing arbitration. 2. Midland hasn’t proved ownership of the debt. Demand they prove ownership. Also, see if you can find the Wisconsin Statute which states that the original creditor must notify you of a sale of the debt or else the sale is not valid. Third, you need to write up a Motion To Compel arbitration. Realize that the procedure for filing a motion varies from county to county, especially in small claims court. You need to find out how to file and schedule a motion. Talk to the clerks in your court if you can. The way things are done in my county are almost certainly different from yours, unless you happen to live in my county. Ask us questions when they arise.
  12. @Harry Seaward @BV80 @fisthardcheese Got a email the other day wanting to schedule initial conference call with the Arb and PRA. I asked if PRA paid the intial retainer fee and asked how much it was. No response yet, but if they're scheduling the initial conference call I'm assuming it was paid??? Wow.... guess the fight is on.... any suggestions?
  13. Great. Just to make sure they don't have anything.... I am drafting the Request of Documents to the Plaintiff. What would it be the correct wording for me to ask? English is my 3rd languaje and I don't want to sound unprofessional. Without been to obvious that I wasn't involved in the payments. How can I say... "Please provide a copy of payments made, cashed check and online monthly payments to the account xxxxxxxxxx1234 showing the defendant as the originator of such payments". Is it too obvious? How do I know if they know that an authorized user was involved in the account beside me. Can they ask Citybank who was making the payments? What about on my Interrogatories.. Admit you don't have any evidence of the Defendant making any payments to the account nor having made any purchases. THANK YOU ALL BY THE WAY FOR YOUR ANSWERS.
  14. What about if payment come from an account that has nothing to do with me.?
  15. Pretty much all they have to do is show credit card statements with your name and address. The reason I’m asking the au is to determine that person’s relationship to you. If it was your spouse who made a payment out of your joint account, that could be more of a problem than a parent who made a payment that you didn’t know about.
  16. My case is very complex. I found out about the debt when I got sued. Discovery is on right now. So far I denied everything so I can't answer if I authorized anybody because the debt is not mine until they proof it. CCP 96 and 98 are my next move. I am learning what they are. Plaintiff provided an affidavit but I am sure that person (if exists) knows nothing about the case. Some Citibank employee, a lady from Missouri.
  17. I guarantee you it’s a scam. A common term among the scammers is “claim number.” Have you googled the phone number? If it’s a legitimate agency, a google search of the number should reveal the agency’s name.
  18. You know, I’m not sure if there’s a particular document they might have that would show that information. But if they were to ask (such as in discovery requests) if there was an au, you would have to answer honestly. Who was the au? Have you looked into CCP 96 & 98?
  19. Is there a document they can bring to show there was an authorized person on the account? Can they find out who made the payment?
  20. It says under the heading of covered claims in bold letters "If arbitration is chosen by any party neither you nor we will have the right to litagate that Claim in court or have a jury trial on that claim." Under the heading of Arbitration limits, it states that "Individual Claims filed in small claims court are not subject to arbitration, as long as the matter stays in small claims court." It also states under the heading of How arbitration works "arbitration may be requested anytime, even when there is a pending lawsuit, unless a trial has begun or a final judgement entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/ or commence arbitration by submitting the required AAA forms and requisite filling fees to the AAA. If I am reading that correctly that means I can enter the mtc and request arbitration? Sears_Card_Online_CMA_0118_vf (1).pdf
  21. If that’s the case, you could honestly deny that you made a payment. How far the plaintiff would be willing to follow up to determine the origin of the payment, I don’t know. BTW, who was the AU who made the payment?
  22. Thanks guys, Perhaps not but this is what the Rocester PA and Mercer PA are leaving on the machine: This is a documented attempt to reach you regarding a matter in our office. We are in the process of pursuing this matter grabbing(?) within the laws in your state. Please call 404-382-6759. To speak with one of our claim specialist. Please note that this is a very time sensitive matter and your cooperation is required. Your complaint number is. The original from New Florence PA said In House Solutions when I called them back endevoring to get an address. Their message was basically the same. What nobk4me said a couple of months ago...."Agree that it's most likely a scam. But, I have to wonder if they are getting databases of defaulted debts somehow, that they are contacting people who have had defaults. " I would bet it could be this.
  23. If that last payment was done by non authorized user, how can I ask the Plaintiff to provide evidence of who made that payment and if there was an authorized person on the account?. If Plaintiff can't proof I made that payment, can the SOL go back to 11/2014?
  24. I am doing the Math and maybe the payment was made 10 days within the SOL. I don't remember doing such payment. How can I ask them to provide a copy of such a payment? If the minimum payment was $1200 why would I have sent $120? The monthly statement does show a payment received but it doesn't say if it was a check or an online payment? No info on that payment. Only Payment Thank you. What documents can the Plaintiff obtain from Citibank to show "I" or who made that payment? If the account was not a join account and nobody else was authorized to make payments but me. Could Citibank have taken a payment from an non authorized user? WHAT IF THE PAYMENT WAS SENT ON 03/10/2014 BUT RECEIVED ON 03/30/2014? Does it matters when it was sent or when they added to the account? Thank you
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