All Activity

This stream auto-updates     

  1. Past hour
  2. If you appeal ONLY the denied motion the appellate court can remand it back to Magistrate. If you go to trial and lose then appeal the entire case THAT is de novo in State Court. What you appeal determines what happens next and in which court.
  3. Today
  4. Hi Harry, thanks for the reply! It’s for about $550. OC is Capital One. It is not past SOL. Endgame? I’m a cancer patient with limited means. I would not be able to pay the full amount, and I want to avoid being sued.
  5. I was just reading through some other posts, and was hoping @NormInGeorgia has any advice for Forsyth County in GA? I am referring to this below: If I file for an appeal to State Court, and I win, does it get remanded down back to magistrate court? Why would I file a stay of the case in magistrate if the judgement has already been made? If GA is "de novo" as @fisthardcheese stated, then it sound like my magistrate case is closed and wiped and I get a new case in state. I'm just confused whether I would get remanded back to magistrate and my original case would stay in "limbo" while my state case is heard. Do I have to file for a stay before a judgement is made in magistrate? Because the judge I have is not going to allow me a stay. Also, when I go back to court I plan to try to settle for a portion. Can I tell the attorneys that I plan to appeal and bring my motion to State to help persuade them to settle? Or should I keep that to myself?
  6. Yesterday
  7. The second account referenced in the JDB's complaint is an account with Citibank. I have searched through old scanned and archived CC statements, looked at all three credit reports, and I cannot find any account with the account number they reference in the complaint. There's a chance it could be my ex's account when she lived here only a couple years back, but we never had joint CC accounts. I do have a CITI account, which I suppose could be reported as Citibank. But I just happen to come across my original welcome letter for that account, which includes its account agreement, and the number on this account is nowhere near what's on the complaint. It looks like I should still compel arbitration for the first account on the complaint, but then directly dispute their evidence for the second account because numbers do not match any accounts in the resources a "least sophisticated consumer" like me have at my disposal to verify the account.
  8. I plan on taking a route that may even prevent scorched earth tactics, even though I am preparing for the contingency. I retrieved the Cardholder Agreement for one of the accounts in the lawsuit. It has an arbitration clause that states: "Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or Lowe’s, on the other hand, if the dispute or claim arises from or relates to your Account. However, we will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) any claim by us that only involves our effort to collect money you owe us. However, if you respond to a collection lawsuit by claiming that we engaged in any wrongdoing, we may require you to arbitrate." That clause will not make them require me (or the JDB) to arbitrate, but it allows me to force them to arbitrate, even if there is pending litigation. I will send the JDB a copy of this agreement and my formal request (demand, as per the terms of the agreement) to move this case to arbitration.
  9. It seems that's the case. What's your endgame? What's the amount of the debt? Is it past SOL? Who is the OC?
  10. Hello, I am in Nevada. I sent a DV letter to Midland Credit Management in July in response to a letter from them. It was within the 30 days received. I sent the letter via certified mail and confirmed they did receive it. Yesterday, I received a letter from them with payment plan options and the opportunity to settle for 5-10% less than the full balance. That's all they sent - no typical DV response. How do I proceed? Is this a violation of FDCPA? Thanks in advance!
  11. Hello!! So, I'm new to this site... Does anyone here consider yourself an expert on 623? I need to do a dispute directly to the Creditor (Not the CRA), and I'm trying to find the best methond. Thanks!! Scott
  12. Can someone help with what I should send to PRA for discovery?
  13. Did you repair the prior damage before you returned the car? How could it be perfect? Also.... You've acknowledged to Hertz that you damaged the car more than it was when you picked it up. That's a problem. And again, do you have the paperwork you got from Hertz when you returned the car?
  14. I don't understand why you went from being ok with going in on the 18th to sign the promise to appear, to not ok with it. I can't see what fundamentally changed, in other words.
  15. What happens next? They accepted my answer...
  16. 1. You don’t request arbitration, you demand it. The way to do this is depends on how badly you want the case out of the courts. In one situation, the case was for my wife, and I desperately wanted it out of the courts, because I could act as her adviser in arbitration but not in the court. In that case I filed as soon as I first heard from the plaintiff’s attorney. 2. Does demanding arbitration keep the cases out of court? In another case, for which the SOL was almost over in my state but had passed in Delaware, I demanded arbitration with the attorney and they said they would sue unless I initiated arbitration within 30 days. I filed in JAMS. There was another case where I filed in JAMS but the law firm was confused and filed in court anyway. That went well for me. There were two other cases for which I demanded arbitration, but they sued anyway, and I took the case to arbitration after it was in court. I never lost in arbitration, even against the companies that almost always win, but my cases were special. In a nutshell, the only way to be mostly sure the case will not wind up in court is to keep in close contact, and make sure they know you demand arbitration, and make sure that as soon as it gets to a lawyer you immediately file in arbitration. This is especially true if the case has a small claims exemption. If you have already filed in arbitration before they file in small claims, it isn’t in small claims. I did this with a credit card with a small claims exemption. This was the card where they got confused and filed anyway, which was a big mistake on their part.
  17. What is the procedure to request arbitration before a suit is filed? Have you had success with this?
  18. I should add one more thing: Since the OP has multiple accounts in default, it would be a great time saver in the long run to be a bit more proactive about these other accounts. Meaning, it is a very good idea not to let them get into court at all. Having a judgment against you is very bad. Having a court record at all can cause a lesser degree of trouble. It takes at most a few hours a week, often less, to keep an eye on the other accounts. Remember, the goal is to keep the cases from ever getting to court, as long as possible. 1. When the accounts get to a CA or JDB, a DV letter buys a little time. 2. A triage needs to be done for these accounts. The three categories are: a. Accounts for which the creditors seem to be ignoring the account. This could be because they won’t validate. I walked away from over $80,000 in debts because they would never validate. Much rarer these days, but it still happens. b. Accounts for which there is an arbitration clause. The goal is to get these into arbitration before a suit is filed. c. Accounts which are being perused with no arbitration clause. The goal is to set up a payment plan or settlement before this gets into court.
  19. That's great! Be sure to look up the CPLR and any court-specific rules for preparing an amended answer. (In my state an amended answer takes the place of the previous answer as if the first never happened; it must be titled "First Amended Answer.") The posted agreement, page 17: "Assignment. We may assign any or all of our rights and obligations under this Agreement to a third party." Page 1: "Card Agreement. This Card Agreement is your contract with us. It governs the use of your card and account. The Supplemental Pricing Information ("Supplement") is a part of this Agreement." Page 16: "Survival and Severability of Terms. This arbitration provision shall survive changes in this Agreement and termination of the account or the relationship between you and us, including any bankruptcy of any party and any sale of your account, or amounts owed on your account, to another person or entity. If any part of the arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived except as provided in this Agreement or in a written agreement between you and us."
  20. Did this letter comply with CPLR § 7503(c) as explained in this post in MIOMH's thread?
  21. Greetings, My apologies if I am posting in the wrong section. I was not sure about what to call this. I missed a hearing to appear for a traffic ticket. I have already appeared twice and the third appointment I knew not about. The judge said nothing about reappearing and neither did the prosecutor. My last appearance was July 5. I was allegedly supposed to appear again on the 19th. The prosecutor, on July 5 said he'd call me by the 26th to let me know what was happening. He called me August 8 instead. During that call he mentioned that I missed the 19th and he stayed a warrant. Then he went on to say that he would have RCMP (Canada) sever me with another summons, if I fail to appear August 23 to sign a promise to appear for November 18 hearing. I said that would be fine as I don't have the means to get around well right now. Then the prosecutor switched and said he'd have a warrant put out if i didn't come and sign on Aug. 23. I don't want to sign anything, period. I was considering signing "under protest and duress" as I do consider his words over the phone a threat to my property and well being. May I have your opinions please?
  22. I realize there are a lot of cases outlined here that can be researched for reference. I have read through all of them thoroughly, and still found it hard to determine which things applied in my case, particularly because I had to amend my answer. So, just in case it's useful for anyone, here is the latest update -- particularly as related to handling the amendment of the answer: My husband appeared at the pre-trial hearing and simply told the judge verbally that he'd like to amend his answer and also that he will be pursuing arbitration. The judge adjourned the case to allow him to file an amended answer and a motion for arbitration. (She adjourned the case until spring 2020.) If the new answer and motion is accepted by the court, then it sounds like the case will be dismissed without him needing to show up to court again. Some other observations and points (and I'm curious if any of you have reactions to this): The plaintiff's lawyer tried to argue that because Midland is the owner now, the Citibank agreement doesn't apply. (That seems completely grasping at straws and inaccurate, but please let me know if you have any insights into this.) When granting the adjournment, the judge said to take advantage of this time to file a discovery request. My husband said he already had and the plaintiff hadn't answered yet, which the judge reacted positively to (that he was taking proactive steps). (That said, why would the judge say this? Does this mean she thinks the arbitration motion probably won't get approved? Because discovery seems a moot point if arbitration motion is granted.) The lawyer tried to contest that a discovery request had been made (we of course had proof) and handed my husband some paperwork to prove ownership of the account (however, it is not extensive and certainly doesn't address all the items requested in the discovery letter). My husband said that the plaintiff's lawyer was working many other cases that day and that she was very aggressive about contesting when other cases were being adjourned, but was not nearly as aggressive in this case. (Do you think this is because she really didn't have an argument here? .... or something else?)
  23. Yes,ignore any and all letters or calls from them. In general discovery ends 30 days before trial date.
  24. They are bluffing. You'll have to pay the initial fee ($200, or $250) but they'll dismiss at some point after that.
  1. Load more activity