All Activity

This stream auto-updates     

  1. Today
  2. Actually, the judge has not ruled on any of the Motions - MTD, MSJ, or MTC. Those are all placeholders for his/her ruling. As it has been over 30 days on the MTD & The MSJ, you might want to call the clerk & ask if there is a ruling that has not yet made it on to the site. I have experienced that error before in previous cases.
  3. Looks like I won the Motion to Compel Arbitration...I haven't received the notice from court. --------------------------------------------------------------------------------------------------------------- Events Event Type Sub Type Result Result Date Affidavit of Service Private Process Filed 10/21/2019 Answer Civil Complaint Filed by Defendant 10/30/2019 Notice Comprehensive Pre Trial Conf Hearing Mailed 10/31/2019 Disclosure Statement Notice of Service Re 26.1 Disclosure Filed by Plaintiff 11/15/2019 Motion Appear Telephonically Filed by Plaintiff 11/15/2019 Order Appear Telephonically Granted 11/18/2019 Motion Summary Judgment Filed by Plaintiff 12/2/2019 Motion Dismiss Filed by Defendant 12/11/2019 Pre-Trial Conference Report Filed 12/11/2019 Response To Motion Filed by Plaintiff 12/20/2019 Motion Compel Filed by Defendant 12/31/2019 Response To Motion Filed by Defendant 12/31/2019 Ruling on Motion Dismiss // Ruling on Motion Summary Judgment // Reply To Response Filed by Plaintiff 1/28/2020 Response To Motion Filed by Plaintiff 1/28/2020 Ruling on Motion Compel / M
  4. There is a huge sort of downside to consolidating unsecured loans into one secured loan. I think I have been paying off more interest.Suggest us what to follow out regarding the national debtline
  5. The following creditinfocenter forum is informational and brief.I have a doubt to clarify regarding the debt settlement that why it is so bad about the debt settlements? and what is the proper way to reduce the fallouts and suggest us the alternatives regarding the debt management solutions
  6. At the end of Fall 2019 I was sent a collection notice from LVNV Funding. The original creditor was Synchrony Care Credit, the amount $1,200, within SOL I denied debt and requested verification/validation. Within a couple of days, I received a verification packet showing the transfer of debt to LVNV funding, Statements showing a balance for 1 year (no charges or information where/when the charges were made), and a CareCredit Card agreement. The CareCredit card agreement lacked much information (APR, DATE, NAME, etc.), but it did have an arbitration clause. A few days later I received a letter of intent to sue from LVNV. I contacted the credit bureaus and disputed a Synchrony Care Credit trade line and the LVNV collection(both were reporting). I knew information they reported to be factually incorrect. A month later I was served in person. I’m in California. I Scheduled an MTC hearing 45 days out, filed MTC, memorandum of points and authorities (included copy of Care credit agreement they sent), Order, and had plaintiff served. I filed POS as well. This week (29 days before hearing) I was served via USPS a request for documents, request for Admissions, and Special interrogatories. The date to respond timely to them (30 plus 5 days) falls exactly on the date of the MTC hearing. However, the date on the “request for documents” has a date of 2 weeks after the hearing. Here’s my question. Should I respond prior to the hearing? I can prep the docs to have them served via mail the same day of the hearing, depending on the ruling I could answer “ Objection, defendant has exercised her right to utilize arbitration as the forum to resolve plaintiffs claims, and responding to this discovery request may constitute a waiver of that right. “ VS “objection, defendants’ motion to compel arbitration was granted and the scope of discovery is to be determined by an arbitration forum.” In the event my motion is denied, I can file the first response while filing an appeal with the court the same day of hearing. Either way, I will bring a copy to the hearing in case they show up and it gets brought up. Any input on this would be helpful. Also Is that how I should respond to All three documents sent? I attached a redacted copy of questions. Thank you for your response. This forum helped so much with my MTC and I appreciate any advice. Question from LVNV.pdf
  7. Various violations of 15 USC allow to hold debt collectors and credit bureaus accountable. How do we hold an original creditor who sold/transferred a bogus debt accountable? What provisions and their violations are the strong causes of action in a federal lawsuit against the unscrupulous fraudulent "original creditor" who made up a random amount and sold it as a person's debt? What provisions, if properly pleaded, would allow to recover from the original creditor? What Louisiana law statutes may be added to the mixture as well?
  8. It looks like it's a motion for continuance.
  9. So no answer to the offer 😕 Do I bring it up at the paper review or...?
  10. I am normally a big fan of arbitration, but in your case arbitration might be a HUGE mistake. Thing is, for consumer arbitration, the consumer only has to pay $250 in fees at most. This is a business card. Consumer arbitration rules probably don't apply. That means you would probably have to pay about half the cost of arbitration. You seem to be under the misconception that you can use consumer arbitration rules in the case where they sued you personally. Uh, that was a business card. Even a personal suit for business expenses would still be a business, not a consumer, case in almost every case. There are some exceptions, but you would have to convince them that you only used your business card for personal use. Even then, don't count on that working. And it get worse. AmEx almost certainly won't walk away from arbitration.
  11. Yesterday
  12. Texasrocker... No hearing the motion has been scheduled has been scheduled, but have made notes his major points.
  13. Hello! I am being sued by American Express for a small business credit card that I opened with my personal credit. They just filed two lawsuits: one against myself and the LLC in the county where the business is, and one against me personally in the county where I live. I am going to file a Motion to Compel arbitration for both cases. The question is: should I file 1 Demand for Arbitration to JAMS and list two claimants, or should I file two separate demands, one from the business and one from me? I am not sure if the business one would still be a "consumer arbitration"? Thank you for any advice!
  14. Or the go for arbitration by the judge
  15. Yes I mad the mistake an already call before getting served I was told to have them serve myself then file a MTC and answer I’m dealing with OC and I’m trying to see what necessary I don’t want to imitate AAA until I get a court dismissal
  16. Don't bother calling then until after you are served. They will simply make an offer, get your address, and then have you served and say the offer is rescinded. While waiting to be served, save up as much as money as you can so that you have something to offer.
  17. How long has your lawyer been on the case? You had not mentioned hiring an attorney before. It sounds like he/she doesn't have a clue as to how to deal with JDB's. Did you take heed to anything that @WhoCares1000 told you? That was excellent advice and if you apply it this should be over and done with very soon.
  18. Yeah, this post is old, but it bears repeating over and over and over, as long as people get into arbitration. When you get into arbitration, you are hoping for one of two results: 1. They walk away. This especially happens if it is a JDB. I did, however, have an OC walk away from a debt in the $10-15k range. Back when Crap 1 still had an arbitration agreement, they simply refused to pay the JAMS fees, and the case was dismissed. 2. You get some kind of settlement. This could be a mutual walkaway, or it could be one party paying money to the other party. I had one arbitration for which I could add a debt collector, and I got a small amount of money from them. So it isn't always the consumer paying the money. The settlement you get depends on a lot of factors. I actually came out ahead on my JAMS settlements. The other settlements were all mutual walkaways because of extenuating circumstances, such as some very genuine claims on my part. Or, in one case, there was an SOL issue (I filed in JAMS years after the Delaware SOL but a few months before my state's SOL, and the contract used Delaware law). The SOL issue combined with some questionable accounting and some legitimate claims on my part led to a mutual walkaway. Another case had some claims against their attorney, who arranged to just have the whole thing dropped with me dropping the claims against the attorney. One case involved some genuine malfeasance on the part of the OC. Their attorney seemed to lose all interest in the case as soon as he saw my evidence in discovery. If you don't have some really good claims against the OC, or SOL issues, etc., do NOT count on getting a mutual walkaway. JDBs are more likely to get a mutual walkaway or they just ignore JAMS and let the case get dismissed., There are a few very good windows for settlement: A. Between the time the JAMS case is initiated and when they have to pay the initial fee. This is why we often suggest not paying the $250 at front. This is a time when you have almost maximum leverage. You may be able to get a good settlement. I got a settlement at this point. As I mentioned, Crap 1 simply walked away, which was pretty much the same result. B. After discovery, if and only if there is something damaging to the creditor during discovery. As I mentioned, in one case I had some VERY damaging evidence against the OC, so their attorney got them to agree to a mutual walkaway at this point. Don't count on good settlement leverage unless you have the goods. C. Just before the hearing. I got an OC to agree to exactly the same settlement I previously offered at point A just before the hearing. The bill for the hearing is expensive, and sometimes they are willing to negotiate to avoid the hearing. I have seen other cases in which the OC ignored settlement offers until just before the hearing. D. If there is an appeal, repeat A-C. These are your best windows for settlement. Which usually means YOU contact THEM with a settlement offer. You will rarely get an OC to settle for a mutual walkaway, but in special cases it happens. In general, point C is your absolute best settlement, with point A a close second. Point C is only if they rejected your reasonable offer in point A, and you give it another shot. Point A is when you really HOPE to settle, to avoid all the hassles of the arbitration. Point B is a special case. If you have the goods against them, stick to your guns, insist on a mutual walkaway. You will get it if you have something they really don't want an arbitrator to see.
  19. Thank you! I did personal message you but after service then I can do my MTC and answer right
  20. If they can’t serve me then do I wait I called the law office already to do a payment plan but didn’t acknowledge the lawsuit ?
  21. You have the option to call the attorney's office and tell them when you will be available at home and are willing to accept service at that time. Some people do this to avoid being served at work or having sewer service and missing a court date.
  22. It is best to start your own Post rather than going through all the details in this reply thread.
  23. LATEST UPDATE... Strange thing about a motion hearing not being set yet. In a few week the motion will be overridden by operation of law if motion reinstatement is not a signed written order. Imnot ousting any buttons and waiting for the clocktorun out for JDB.
  24. Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case. @Ihatelawsuits Is it filed in small claims?
  25. I would wait to be served. You can file a MTC arbitration after service, but most OCs will agree to arbitrate. Arbitration works better against debt buyers because they will usually dismiss rather than arbitrate. It doesn’t usually happen that way with OCs.
  1. Load more activity