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  2. They will say "You just got this card agreement off the internet". If you filed an affidavit with your MTC saying it is the correct agreement, that will help you. If not, you may want to bring one to the hearing. You should also tell the judge that "the internet" is actually a government data base where all banks are required to register and archive their card agreements for consumer use and that this is a true and correct copy of the agreement that governed the account you once had with the OC bank. If you have time, I would fill out the AAA Demand form and bring 3 copies to court with you. This will head off any argument about you "not being serious" about going to arbitration or using it as a stall or something of that nature. You can show the judge you have the paperwork filled out and ready to immediately file and you are only waiting for your motion to be granted so that it will be proper to file. When the attorney or judge tells you it will be very expensive for you or asks why you want to go to arbitration, a response that I like is "I am familiar with the AAA procedures and prefer the informal and private forum". Never try to argue the AAA rules in court, especially regarding costs. Don't say "actually, THEY will pay for it all" or something along those lines. I would just stick with "I am familiar with the requirements and procedures of AAA".
  3. I kind of figure that too if you are going to use the online dispute.
  4. The conference call will be the key point. You need to set the tone to let them know you aren't just "bluffing". I would ask for discovery on all claims. I would ask for them to send the name of the witness they are bringing from the OC to the hearing to be sent as part of discovery. I would state that you need at least 1 full day to present your claims (making it a 2 day hearing min). I would try not to laugh when the attorney act like a child the throws a fit about all of my requests including a multiple day in-person hearing and presenting a live witness. I would work on counter arguments to these issues prior to the phone call, such as how only a witness from the OC can testify to the accuracy and procedures of the OC bank and the account when it was with the OC and also that you have the right to cross examine and question the witness. The goal here is to object and ask for a phone hearing every time they don't cooperate with discovery or do something that runs counter to the JAMS rules. This plus the discovery itself will start to quickly eat away at their $5k retainer before you even get to the actual hearing. Setting this tone during the phone conference will make them more willing to settle afterwards. A few days after the phone call, I would send my mutual dismissal settlement to them yet again. Don't forget to add an expiration date to your settlement offer. I always make that date a day or two before the next major date set in the arbitration case (such as discovery deadline).
  5. If the account is paid and closed, then the account no longer exists and the relationship is terminated, removing their prior permissible purpose. They CAN do a soft pull for Promotional use but not Account Review. However, OP said these were hard pulls, so that would be wrong no matter what. Perhaps OP is confused on hard vs soft pulls.
  6. Jefferson Capital only had the authority to remove its own TL. It could not authorize the removal of the OC’s TL. Only the OC could do that.
  7. If you still owe them, then they do have permissible purpose to pull your reports for collection activity. However, they should not be hard pulls. Are you sure they are hard pull and not soft?
  8. I could be wrong, but it looks like the account will remain and on lt have a remark that the account is disputed by consumer, and the CRA won't delete it. Its like MCM put into the letter a message to the CRA saying hey do as you wish with his account because the consumer has waived all rights to pursue you if you don't delete the account.
  9. Yeah, I would like to see how it came about that the Plaintiff was initiating the arbitration first. Also, if you start JAMS and the Plaintiff then sends the granted MTC to AAA and they re-open the case, you will have done the work (and potentially paid the $250) for nothing.
  10. Midland is saying all of their information is correct and will mark the account as disputed. Attached the letter to dispute that midland sent me saying they would delete from my credit
  11. If the MTC is denied, I would file an interlocutory appeal immediately. A judge that denies arbitration is going against several well established Supreme Court rulings and is in the wrong.
  12. I kind of had the same when i disputed an account with 'Jefferson Capital System'' who purchased a fingerhut account. JCS sent me a letter stating that they ceased all collection of the account and requested CRA's to delete the account. The CRA only deleted the collection account but left the OC account on my report.
  13. Today
  14. CitaDee


    The account was closed on 6/4/2018 and yes I did have a balance on the account.
  15. 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.
  16. 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!
  17. 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.
  18. 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.
  19. Yesterday
  20. 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...
  21. I’ll defer to CA members to help you with discovery. 😀 They also understand CCP 96 & 98. @RyanEX @sadinca
  22. 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.
  23. 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.
  24. @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?
  25. 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.
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