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  1. Today
  2. Do not use any templates from the internet for this. They are usually wrong in what you can ask for and most JDBs ignore them because they can. You want to keep the request short, simple, and sweet. For example: "Dear JDB, I dispute this debt and am requesting validation under Texas Finance Code Section 392. Sincerely. Alleged Debtor" That is all you need. Nothing more.
  3. @BitsyM The affidavit that accompanies your MTC is to comply with MCR 2.119(A)(4). It also is your sworn testimony that you mailed the election letter and Proposed Order with proof of its receipt by the Plaintiff. Don't forget that you have to include an additional copy of the motion papers marked "Judge's Copy" as the rules above state.
  4. I would like to view court cases of a particular jdb. Is there a way? I see Pacer and signed up for an account but, not sure if that is exactly what I am looking for.
  5. @Brotherskeeper- Thank you! I am sitting here trying to research affidavits for breach of contract and second guessing everything that I type. I greatly appreciate the suggestions.
  6. @BitsyM AFFIDAVIT of XXXXXXXXXXXXXX NOW COMES Defendant in Pro Per, XXXXXXXXXX, whose residence is xxxxxxxxx, certifies and says: 1. I am a resident of the State of Michigan, Oakland County, and I am a competent person over 18 years of age. This affidavit is voluntarily made on my personal knowledge and, if sworn as a witness, I can testify to the facts in this affidavit. 2. On April 23, 2019, I was personally served a summons and complaint in this case. 3. On May 13, 2019, I sent a letter by USPS certified mail return receipt requested (CMRRR) to Plaintiff's attorney notifying Plaintiff of my intent to exercise my contractual right to elect private contractual arbitration via JAMS, as per the account agreement's Arbitration Clause. A true and correct copy of the letter and CMRRR receipt is attached as Exhibit B. See text below for my suggestions: 3. On May 13, 2019, I sent a letter by USPS certified mail return receipt requested (CMRRR) to Plaintiff's attorney notifying Plaintiff of my intent to exercise my contractual right to elect private contractual arbitration via JAMS, as per the Account Agreement's Arbitration Clause. I also enclosed a copy of a Proposed Order for Plaintiff to stipulate to or reject. The election letter and Proposed Order were signed for on May XX, 2019. As of today, I have had no communication from Plaintiff about the concurrence sought in the Proposed Order. A true and correct copy of the election letter, Proposed Order and the signed CMRRR receipt are attached herein as Exhibit A. 4. Plaintiff Cavalry SPV I, LLC, never extended credit to me. 5. There have been no transactions or course of dealing between Plaintiff Cavalry SPV I, LLC and I. 6. I deny there is presently due and owing to Plaintiff Cavalry SPV I, LLC the sum of $XXXXXXX. 7. I voluntarily elect to exercise my contractual right to have the disputes of this account and the disputed amount of $XXXXXXX to be resolved by a JAMS arbitrator rather than in this Court. 8. I voluntarily elect to exercise my contractual right to have the disputes of this account and the disputed amount of $XXXXXXX to be resolved by a JAMS arbitrator rather than in this Court. Pursuant to 28 U.S.C. § 1746(2), I declare under penalty of perjury that the foregoing is true and correct., that this affidavit is made on my personal knowledge and, if sworn as a witness, I can testify competently to the facts in this affidavit.
  7. Yes. I received the return receipt. Updating #8 to reflect the proposed change.
  8. Thank y'all so much for the feedback! After the reply from Clydesmom, I did some research regarding letter templates for Texas Finance Code section 392 (also reading the entire code) and found a template that I plan to use. I've scrubbed my credit reports in the past so I am familiar with that process, but I have only had 1 actually proceed with a lawsuit and I fear that may be where this is going. Your thoughts on this template? YOUR NAME YOUR ADDRESS YOUR TOWN TX 7XXXX-XXXX COLLECTION AGENCY CA ADDRESS CA TOWN, XX 987654 February 25, 2014 via certified mail Re: Reference #: XXXXXXX Dear COLLECTION AGENCY: I dispute the validity of this entire debt. I request validation of this debt per Texas Finance Code. I have disputed this debt with the credit reporting agencies and you continue to validate it without providing the information I have requested. Please note Transunion, Experian, and Equifax are bonded in the state of Texas and are required to comply with Texas Finance Code if you fail to meet code requirements. Delete this tradeline if you do not have sufficient time to complete an investigation to validate this debt in 30 days according to Sec. 392.202 (d)(1) For the purpose of validation provide me with: The name and address of the original creditor The original date of default or non-payment of the debt with original creditor The date the debt was transferred from the original creditor to the third party debt collector The original balance The current balance Any fees added by your agency. Sec. 392.303 (a)(2) Texas Surety bond information as required by Sec. 392.101 I am invoking Texas Finance Code 392.202 CORRECTION OF THIRD-PARTY DEBT COLLECTOR'S OR CREDIT BUREAU'S FILES. I request immediate notification by mail if this alleged debt is sold or transerred per Sec. 392.301 (a)(4) Please reply with your response vis US MAIL. Please note I am fully prepared to pursue my rights for the harm this innacuracy has done to me. Sec. 392.403. CIVIL REMEDIES. (a) A person may sue for: (1) injunctive relief to prevent or restrain a violation of this chapter; and (2) actual damages sustained as a result of a violation of this chapter. Sincerely, Me
  9. @BitsyM Did you receive a copy of the signed USPS return receipt? This is proof that someone at the law firm received the election notice and the Proposed Order. "8. The attorney for Plaintiff was contacted for concurrence with the relief sought in the Motion. A copy of the Proposed Order that accompanies this Motion was served by USPS Certified Mail Return Receipt Requested on May 13, 2019. Defendant received no response from Plaintiff. True copies of the Proposed Order and CMRRR mailing receipt are attached to the Affidavit of xxxx as Defendant’s Exhibit B." IANAL. Here's a suggestion: 8. The attorney for Plaintiff was contacted for concurrence with the relief sought in the Motion. A copy of the Proposed Order that accompanies this Motion was served by USPS Certified Mail Return Receipt Requested on May 13, 2019, and signed for on May XX, 2019. (Def.'s Aff. Ex. A) Defendant received no response from Plaintiff prior to the filing of this Motion.
  10. @BitsyM See correction for Motion to Compel below: "3. Defendant sent a letter via USPS Certified Mail Return Receipt Requested to Plantiff’s attorney on May 13, 2019, electing arbitration with Judicial Arbitration and Mediation Services, Inc. (JAMS) and requesting dismissal or stay of this case pending arbitration. A copy of the Proposed Order for this Motion was enclosed with the Defendant’s arbitration election notice. A true copy of the written election notice, Proposed Order and signed Return Receipt are attached to the affidavit of BitsyM as Defendant’s Exhibit A." You've cut and pasted an affidavit for an account stated claim. You're being sued on a breach of contract claim. Affidavit needs a rewrite.
  11. I'm having trouble with this download, so I can't read the affidavit.
  12. @BitsyM You should capitalize Court when referring to the court you are in. It's a sign of respect. "4. Defendant moves this Court to compel binding Private Arbitration based on the terms and conditions of the Card Agreement (Plantiff’s Exhibit pp. 9-13), pursuant to MCR 2.116(C)(7)."
  13. The motion title has not been fixed. You have to indicate that it is the Defendant's motion.
  14. This is something important. On this board, and perhaps even more so on the now defunct other board, people sometimes get obsessed with fighting the creditors. The goal is not necessarily to beat the creditors. The goal is to do the best you can for you and your family. For some people BK is a horrible option. For others it is a godsend. In my particular case BK was a horrible option and my troubles came at a time when fighting the creditors was the easiest it ever has been. Easier than 2019 as well. For others, BK is a fantastic option to get a fresh start.
  15. @Brotherskeeper- Is this affidavit okay? I'm going to go and have it notarized at the bank before going to file the motion.
  16. @Brotherskeeper- I received no stipulation, so I am heading to the court to file the MTCA. Can you review it for me? I added in the part about having sent the Plaintiff the Arbitration Election and the Proposed Order. I added the Certificate of Service. I am going to include the copies of the Election Notice and Proposed Order titled as Exhibit A. Should Exhibit B just be the CMRRR receipt? MTCA 05.24.19.docx
  17. The problem is, judges are required to apply law, not their own opinion. This would be overturned outside of small claims court BUT so would the dismissal of the MTC would probably be overturned too. In this case, will the parties appeal. On one side, you have the defendant who is required to pay only $750 - $800 for a close to five figure debt. On the other side, you have a plaintiff that could get stuck with a huge arbitration bill. This makes it unlikely that either party will appeal the ruling.
  18. I am also entering into this same scenario with PRA. They paid the filing fee, and commencement to arbitrate was sent. Ill be sending in my strikes. Guess Ill be another trailblazer... watching this closely... I plan of defending myself as strong as possible... any info provided will be greatly appreciated... This is in TX btw... ive posted my case... ill follow up there once i file the strike through... pretty sure they are watching this forum closely!!!!! Ive paid all my debt off besides this and demand on fighting it, i even paid off another pra account earlier this year... this is total bs...
  19. Get a couple of free bankruptcy consults ASAP like tomorrow. Most will do them same day. Filing would stop the garnishments, bank levy etc. With everything going on starting over may be your best option.
  20. Not in Texas. Texas is one of the few states that has a strong consumer option on this. As long as the OP invokes the Texas Finance Code section 392 in his DV letter they are required to cease collection efforts until they do respond under Texas law. I would send the DV letter doing just that ASAP.
  21. So, an update on this situation, and a request for more input ... M&J is the attorney for two of my CC debts, the first is the content of this thread. On that one, they filed a Complaint, I filed an Answer in time 3 weeks ago, and I haven't received or heard more about yet. On the second CC debt represented by M&J, unbeknownst to me, the creditor has received a default judgement of $5600+ (I was not served). I learned about it from my employer notifying me of a very hefty garnishment of my check in an amount that will take me under ($1300/paycheck). Now, M&J's first-line debt negotiator says he can no longer speak to me, saying I have to talk to what appears to be one of their contract attorneys, who I've been unable to reach today. I am hoping for agreement on an offer-in-compromise, and an agreement to make some sustainable level of payments on that OIC, which cannot be nearly as much as they want ($300/month for one of them). I had a financially devastating set of financial losses, and have possibly 3-4 more of these likely lining up to come at me, and beginning to think about bankruptcy just to be able to pay the rent. Just looking for advice before I speak with their attorney ...
  22. Yes sir! Thanks for the reassurance!
  23. Pretty good judge. First time I have heard of such a scenario. He's probably sick and tired of them filing law suits without proof.
  24. Yesterday
  25. Effecting the credit score is the least of your worries. Has your son graduated yet? If you owe the school money, they may refuse to release his transcripts. If he hasn’t graduated, they may hold his diploma and / or refuse to let him enroll in the future. You may be in a situation where you will have to see if you can get a student loan from somewhere to cover the money you can’t pay now. Since your son has a job, he might not need the transcripts any time soon. So your other choice is to pay it off as fast as you can and let your son take the hit on his credit report. Getting a student loan would be a little more money in the long run but the damage to your son’s credit report would hurt a lot more.
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