All Activity

This stream auto-updates     

  1. Past hour
  2. Hello, i hope all is well. I'm writing this post today to ask for advice from anyone that has knowledge about or experience with JDB's or even with Unifund/Kenosian for that matter This past weekend i received this letter in the mail from Kenosian and Miele on behalf of Unifund CCR, LLC. The letter was dated 8/9/2019, today is 8/19/2019. I've been digging through the internet for as much information as possible but i still would like an experienced outside opinion as well. Should i dispute? Should i prepare myself to go to court? I haven't been summoned as of right now but i want to be proactive about this and acquire as much knowledge as possible. This is my first time encountering a JDB and i just want to make sure i'm taking the right precautions before i make any decisions. Thank you for your time. Hope someone can help.
  3. Today
  4. Well, that was fast. I just received special interrogatories, set one, requests for Admission, set one, and demand for production of documents, set one- 35 days to respond. No response to the BOP request. Researching now- wonder if I should respond asap so I can deny pretty much everything bas3d on not enough information known due to a lack of response on my BOP request. I have no paperwork to materially fully admit or deny their interrogatories and have received nothing as of yet. If I wait to get the BOP, I have to pretty much admit to everything and the case is closed, right? If they produce all the documentation, I can't under oath deny it all, but until I get it in my hands, I have nothing material to prove or disprove anything they allege or ask. Am I on the right track here?
  5. Yesterday
  6. MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY Comes now, Defendant ______________ and files his (or her) Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9 Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit. Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop his (her) defense and to minimize taking up the Court's valuable time. PRAYER Defendant prays that the honorable Court grant his (or her) Motion For Permission To Conduct Discovery and grant Defendant any other relief that he (she) is entitled to. CERTIFICATE OF SERVICE I hereby certify that I,__________________ sent a true and correct copy of my MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY to _____________________________________ on _______, 2019. Signed, ______________________ <Your name address and phone number>
  7. @BackFromTheDebt I actually added “Pre-Arbitration Notice” at the top of my DV letters. I read that tip from another thread & it got a lot of praise so I figured I’d add it to your advice. Fisthardcheese actually mentioned something that could work so I’m going to see if the balances do match up or not.
  8. @fisthardcheese Yes, they call me everyday pretty much. I’ll order my reports ASAP. Thanks!
  9. I think what they are trying to do is stay on the right side of the FDCPA rule where you cannot inform any 3rd party as to what the debt is. That said, I refuse to give information like that so my comment to them would be that since they are not telling me what the call is about, I request that they cease and desist calling me until they can tell me. If they continue to call and demand the information, use the phone number to get the company name and address and send a cease and desist letter. Note that if you cannot find the company name and address in a google search based on phone number, odds are, they are a scammer and never give them any personal information.
  10. Hi All, I'm noticing these days that collection agencies refuse any type of meaningful disclosure without obtaining sensitive personal information from you if you miss their call and call them back. The pattern I see now is dozens of calls, no voice messages ever left. If you call back and identify yourself by full name, they indicate they require your birthdate or SSN in order to provide any meaningful disclosure as to who they are calling from, on behalf of, and why. I don't remember CAs doing this in the past but understand their logic in doing so. It creates quite the conundrum in today's day and age of identity theft unless you wish to recite your sensitive personal information to an unknown caller in order for them to even tell you why they are calling. Wondering thoughts of the good members of the forum on this and whether it could possibly violate statutes governing meaningful disclosure.
  11. This is pretty much an open and shut case, if you have the paperwork identifying the damage when you rented the car. Rideshare in an unapproved rental is a huge no-no by rental companies, TNCs and insurance companies (Lyft, Uber, etc. won't even greenlight you in an unapproved rental), but if you haven't told them yet, they won't find out at this point if you don't say anything.
  12. So moving forward....any suggestions? My thought is, if I lose when the trial comes up(which in all likelihood I will lose) I can appeal...which will elevate it out of small claims and I can just immediately do an MTC Arb with that court...which will be granted because there will be no other exemptions they will be able to argue to keep it out of arbitration. Does that sound like a plausible plan?
  13. That it stated in the agreement the lawsuit was exempt if in small claims court
  14. Can anyone help with a template of the discovery request?
  15. I'm just quoting the terms straight from the cc agreement you posted. It is a 2019 agreement. If you defaulted in an earlier year, those terms may not be in there. If you aren't in small claims court, that exeception to arb doesn't appy to you.
  16. My Dad's brother-in-law is terrified of being spied on. I was telling him about my Wyze security cam and he freaked out that the Chinese are watching me. It was positively Seindfeldian - I told him, if that's the case, then I'll turn the camera to face inside so the People's Commissariat of International Espionage can "enjoy the show." I mean who really thinks they are so important that anyone else cares? (Other than crazy people in Big Foot County, living "off the grid.")
  17. Well, motion was denied... Though my argument #3 did throw off the lawyer, and the judge read the whole agreement before deciding...but to my surprise trial did not move forward today. They are reset for 45-60 days, so bought some time to evaluate and asjust
  18. We were victims of something similar. Got a call about about a bunch of damage, my wife said we didn't do it, and rental person actually said something like "OK, we'll call next person on the list," They had no idea who damaged vehicle, and were calling everyone who had rented it, hoping someone would just say "OK." Wonder if that's part of what caused class action. Your case is different, since it sounds like you did cop to some damage.
  19. A cease and desist letter may be a big mistake. At that point you are refusing contact with them. All they can do is either walk away or sue. They are likely to sue. If you have any hope of working with them to resolve the issue, that hope dies the minute you send a cease and desist letter. I have sent cease and desist letters in the past, but only when I knew I had nothing to fear from a lawsuit.
  20. @Brotherskeeper I have filed my MTCA and Affidavit along with my Notice of Hearing. I then made copies of those and sent copies to the Plaintiff. I have a pre-trial hearing set for Sept 11. I will research what happens at a pre-trial hearing and plan accordingly. I have yet to hear from the Plaintiff.
  21. @Brotherskeeper thanks for being so responsive. From what I can tell, it seems to be civil court, not small claims. So, from what you are saying, not only do I not need to tell the plaintiff, but it seem like I don't even need to submit paperwork to the AAA yet. It seems like I could go to the pre-trial hearing with the defense that this is outside the court's jurisdiction and belongs in arbitration. If the judge agrees and dismisses, then could I just wait for the plaintiff to decide to move arbitration forward first? Or do I need to show the judge that I intend to move this to arbitration by showing him/her that I've filed the paperwork?
  22. Pro bono work is typically reserved for criminal cases not civil. I am not sure you can even get a lawyer to take this on contingency. You have a few problems. First did you disclose to Hertz you were using their car as a Lyft driver? If not any insurance you took from them may not cover the damages. Next: there are only 12 miles since the damage. Where did that come from? Next: your own car insurance may not cover this since you were working for a ride share agency. Did you disclose to them what you were doing? Did you keep pictures of the condition of the car from when you received it and turned it in? You definitely need a lawyer. Start with a good Consumer Attorney most will do a first consult at no charge. If they cannot help you ask what kind of attorney can and if they have a recommendation. This is way more than a credit issue.
  23. Last week
  24. @treblclef20 This section is very interesting: "Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment 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 arbitraton, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and the requisite filing fees to the AAA." It appears that you "choose arbitration" by filing the motion to compel arbitration in the "pending matter" and/or submit the AAA forms and filing fee. Nowhere does it state you must notify plaintiff in writing before filing a motion to compel. Filing an answer or discovery does not waive your right to choose arbitration. The big problem is the small claims exception. Did you find out if you are in small claims court? If you aren't in small claims court, you appear to be able to file a motion to compel. (Caveat: I am not a lawyer!)
  25. Got it, thanks. Here's the agreement for reference. I'll be sending a letter overnighted to them in advance of the date to ensure I have at least notified them of that intent, to your point.
  26. Can this apply to motion for Summary Judgement?
  27. Good afternoon, I am in a dilemma and not sure how to address it. Long story short. I worked for Lyft., Because I had no car, I rented a few different cars from Hertz. The last Hyundai Sonata 2016. When I picked up car, the under body of the bumper was damaged from left to right . Associate said that was the only car that he had, I told him to send me pics, so I have back up in case of them blaming me for the damage, Jan 21 comes around, I turned in the Sonata, I advised the associate that a branch got stuck on the right side of the front bumper when it was raining outside (which left a crack in the bumper) he told me to fill out a Hertz claim form. I did that , marked, on the claim form, only the front bumper has damage (once again the entire underside of bumper was already damaged. Jan 30th, I received my security deposit back . Now, April 2019, a lady calls me out of the blue and tells me "you owe $1000.00 deductible for the Hyundai Sonata that is totaled; First thing I told her, "I want to see evidence, you say I owe you money, wheres the proof." I waited and waited until about a bit over a month later, I get a letter referencing the $1k that I owe them, they sent me some black and white pics. I contacted them, told them I need these pictures in color in order to distinguish everything. So, they took pictures Feb 5th, the car is in a JUNK YARD. An appraisal they sent me on the repairs etc is over $10,000.00. I know I did not do all that damage as they claim. I investigated Hertz online and there is a class action lawsuit going on, however; that attorney cannot take me or add me to his class action suit. I am frustrated that they are trying to get this money from me, when I know dang well, that I did not cause all the damages (they are totally dunning for purported amount due)they are claiming in their pictures and the appraisal. Since I rented the vehicle there have only been 12 miles added to the odometer. Now I just received a letter from a collection agency and it has got me freaked out. So, I have decided to type up, mail certified, and I am going to do a cease and desist for Hertz and the bill collector. Does anyone know of an attorney that I might call that is probono. Or what would you recommend, if anything. Thanks for reading, can't take this stress
  28. Update: I've discovered that I can just submit an "amended answer" to the court. I am past the normal deadline to do so, but a judge can decide to accept the updated answer. So I will submit the update tomorrow, and when I go to the pre-trial hearing later this week will let the judge know that I submitted it at this time having just learned about the arbitration clause in my CC agreement. I'll then overnight mail to the plaintiff's attorney: the amended answer + a letter stating intent to arbitrate. That way, at least I will have done those things before the court date and can state to the judge that I have done so. I have also received no answer to my discovery request, which I realize is a separate thing, but hopefully will help in that I am not the only one late to the game here.... If anyone has any thoughts on this, would greatly appreciate. Otherwise, I'll let you know how it goes.
  1. Load more activity