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  1. Today
  2. Thanks for your input! The timeframe for me to respond back to their MTC has already passed. I'm just going to contact them and ask for a mutual walk away and if they say no I'll just file for arbitration. I read in the arbitration strategy overview that I can file but not pay the fee up front- so I'll try that out and send the arbitration paperwork to the Plaintiffs and if they still don't budge at least ill have that information for my pre trial hearing. I'll keep you guys updated!
  3. In the end, the amount that I'd have spent on defending and / or travel to defend it myself was more than what the settlement wound up being, so I just went and settled. That said: (1) yes, block billing was a thing. There was almost $12,000 worth of block billing. (2) yes, the rate charged was not the rate shown in the contract, for a couple hundred hours. (3) There was a little bit of partner time, but it wasn't partners doing work. Status meetings, etc. Of course, some of that time occurred after the case was adjudicated in my favor and the final orders were filed, but it was a relatively minor amount. (4) The big issue was incompetence, which may or may not have been intentional. The matter at hand was a suit where I was trying to take custody away from my ex-wife. In the end, I won, but it should have been a slam dunk at the first hearing for a variety of reasons that I'm not going to go into now. 7,000 dollars (block billed, of course) to prepare for a hearing on a motion to modify an out of state custody order, when the attorney knew (or should reasonably have known) that the order needed to be registered in-state first. And then the final order set me up with both full custody and an order to pay child support, because of course it did. It took me a couple of years to sort that out on my own hook, and I feel like the whole thing was just fishing for more fees. But whatever. It's over and done with now.
  4. @SHELLY7 @SJULawAlum At last! Congrats to both of you!! This one was sweet.
  5. Yesterday
  6. Midland's attorneys got a letter from JAMS requesting a $1,250 fee. Amazing how quickly Midland came back with a stipulation of discontinuance with prejudice and a full release of the claim lol.
  7. First off, I agree with @fisthardcheese, don't contact the law office. You will most likely get a paralegal (and I use that term loosely because they are really trained collectors) who will try to strong arm your address from you over the phone because obviously they do not know it. In any case, 2 things jump out at me in the form: I noted that for case number, they said it was pending. I did not think California was a pocket docket state and it makes we wonder if they really filed a case or are just taking a shot in the dark to see what happens. Especially since address change information can be requested from the post office This leads me to the 2nd thing, your mother should have never received this letter. It was addressed to the station postmaster, not her. I wonder if the post office replied or simply passed this to your mother. If they have not replied, what your they do if your mother simply noted the Moved, left no forwarding address box and sent it back. Of course, if you did not file a change of address form at the post office, they would not be able to give your new address. So yes, research who exactly they are trying to collect for and if you do find a case filed against you, wait to see what they do. If they try alternative service, you can answer at that point. Otherwise, lay low and say nothing to these people.
  8. Good afternoon. I do not believe the defendant has to set a motion hearing; the court will take care of that
  9. Look though the documents and see if the mortgage has an acceleration clause in the event of default with any account with the bank. If there is no clause, you don't have to worry about that. However, if the bank wins a judgement against your wife, they could put a lien on the house and if the equity gets high enough, they could foreclose to get your wife's share.
  10. @fisthardcheese I would also add that at no time did the Calvary attorney hint or mention that arbitrators deny their cases...the decision to settle was in part to my self doubt being in a new situation and not confident in my ability to argue the case effectively if it came to that. Now that I have been through it I have more confidence going into the other case I have going on and plan to win my MTCA
  11. The debt is with Portfolio. AMEX is out of the picture. But their nice arbitration clause now applies to PRA. If they try to sue again that is the way to beat them. As a side note, your son's credit is already trashed from the default and collection activities, so that is the last thing I would even worry about.
  12. Just for the sake of others coming here looking for answers, None of the concerns above have yet proven to hold true. If you can't afford a settlement like OP did here, do not let this defeat you. Calvary would have almost assuredly folded once arbitration was started, and there is overwhelming case law in favor of arbitration so any good judge would have to grant an MTC.
  13. You don't ask the court for an injunction. You include it on your JAMS Demand form. Your MTC would be just like your previous one with no mention of any "ordinary claims" nonsense. That is for them to bring up. If they do, your JAMS Demand becomes evidence of the fact you are not precluded by the "ordinary claims" exception in the contract. A counter claim is not part of an answer. It is a separate pleading. If you are going to file a counter claim, this should most likely be in place of an MTC. Doing both is not a good idea. Don't forget to include a prayer for relief at the end. This example does not have that.
  14. OK. I will get these answered. I will double check to make sure no court date is needed. @Jimmy E Do you have any input on the Arkansas law and whether or not a date has to be set by me? This court clerks are more lost than me.
  15. Here is my situation: My name and my wife's name are on the title to our house. The Bank mortgage is in my name ONLY, but of course she had to initial/sign all the finance paperwork also because her name is on the title. She has about $20,000 in credit card debts with the SAME bank. The credit cards are all in her name and I am not a signer on the cards. Her only income is social security disability. If she defaults on all the credit card debt I know they can ruin her credit score but cannot actually collect money from her. However, since my mortgage is with the same bank, can the Bank make ME responsible for her debt and cause the mortgage to default also even though she is not the responsible party for the Mortgage and I always pay the mortgage on time?
  16. @SkyStillSunny See attachment for example. This is EXAMPLE ONLY. EXAMPLE ONLY Georgia FDCPA Counterclaims.doc
  17. I just wanted to repost this so you see that MCR 2.116 (G)(a)(iii) permits you, without leave of the court, to file a reply brief. MikeB35 is under Ohio rules which require a motion for leave to file a reply.
  18. It's not strange, the case is just on auto pilot. Their computer system has determined it is the usual time in your case to send discovery so that's what was generated. If this were me, I would double check my court rules and make sure it is not up to me to set a hearing date for the MTC. I would also work on responding to these discovery items. Most of them, except the obvious questions about your name and address, should be met with an objection due to court being an improper venue and your pending MTC to move the case to arbitration. You must answer them within the allowed time.
  19. I am not sure the point of a more definitive statement if you are going to say that service was improper and that the court has no jurisdiction due to your residency in Canada. The fact that most attorneys didn't even want to bother because there is not money involved in this case is exactly how and why these collection attorneys can continue to use sewer service and not follow protocol to get their default judgement. I think you must attack the service. I think they may have a hard time proving WHO and HOW service was made because they used fedex. Presumably fedex isn't going to provide the usual affidavit of service describing how and whom they served might get the case tossed. Hopefully you will be able to do this without appearing in person.
  20. No you can't use JAMS at this point, since AAA has not refused a court ordered arbitration case yet. Yes, I am aware. AAA will take the case when you send the court's order.
  21. Last week
  22. I am still working on a way to add that the AAA Consumer Demand for Arbitration form verbiage that asks that you file a copy of the court order for arbitration (if ordered). I would think this would show the Court that the extra time it takes to file a MTCA (and any replies) is another factor in making sure the arbitration forum will accept your case vs not having a court order. The form includes the following: 7. Send a copy of this completed form to the AAA together with: • A clear, legible copy of the contract containing the parties’ agreement to arbitrate disputes; • The proper filing fee (filing fee information can be found in the Costs of Arbitration section of the Consumer Arbitration Rules); and • A copy of the court order, if arbitration is court-ordered. The summary disposition rules state that the Reply Brief must be confined to just a rebuttal of the arguments but I have included a background section to cover the timeline since PRA claims I have delayed the process, I believe this background info combined with the argument section shows the Court the delay argument made by PRA is ridiculous. Still in rough draft form so any suggestions/critiques are welcomed! reply brief portfolio.docx
  23. Just wanted to give an update. Spoke to a few firms and some had better ideas than others. The one that seemed to have an actual game plan pretty much said: 1. File an amended answer 2. File Motion for More Definitive Statement 3. File In regards to improper service due to my location being in Toronto not Cleveland. 4. If they are not playing ball move to the arbitration route and get them tied up in that until it makes sense to either dismiss or settle. Doe this sound like a decent strategy? The others were mostly trying to get me to do a lump sum settlement and payment plans. This was the only one that actually said lets try something different. Thanks for all the help I have been getting. I am learning so much.
  24. Yes this is the second case. I filed the answers and the MTC the same day. I also sent certified mail to the attorney those same papers. I have not been to court and as far as i know a judge has not ruled on the MTC. That is why this seemed strange to get a second set of questions.
  25. Thanks, @Harry Seaward, @Goody_Ouchless and @fisthardcheese. The arb clause states: "Arbitration shall be conducted by the AAA according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed, except where those rules conflict with this arbitration provision." Could I file with JAMS, asserting that AAA is not available to me because of Cavalry's prior poor behavior? Are you aware of AAA agreeing to arbitrate cases they previously declined based on court orders?
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