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  2. 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.
  3. Today
  4. 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...
  5. 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.
  6. 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.
  7. 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 ...
  8. Yes sir! Thanks for the reassurance!
  9. 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.
  10. Yesterday
  11. 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.
  12. I live in NJ and the CA is from PA. My son has received a letter from CA on May 3 that he has total of $1700 pay within 30 days. It is his school tuition, not a tuition loan, that we couldn't make pay due to the financial issue. We made 3 phone calls to negotiate and the agent who handles my son's account tells us the same thing every time we call and no negotiation at all. She said that if we don't make full payment within 30 days, which is June 3, it affects my son's credit score. Even if we pay full amount when she lowers the total amount, NO. And if we make monthly payment, it will still affect my son's credit score. I said that I have 9th grade daughter and I have medical condition with no job and my son just started a job but he needs to pay the rent, the utilities, and etc. What should I do? We have only a week or so until June 3. All we could scrap up was about $800.
  13. Calls usually don't work as well. In the past, I would send a copy of the JAMS Demand paperwork with a letter (certified mail) asking for settlement and giving them a deadline. If they don't settle or contact me by the deadline, I send in the JAMS paperwork (and no need to send them another copy since it was already served before you filed).
  14. That is AAA's deposit amount. JAMS is always much higher than AAA in all areas.
  15. Then there is no need to send anything about costs. They did not bill you. This is the part where you sit back and use your patience. No need to keep emailing and pestering JAMS. JAMS moves slow and they will do what needs to be done on their time now. Let it happen. You have everything you need for court if they want an update.
  16. The 92% was the difference between the total card balance reported to the JDB, and claimed by the JDB on the lawsuit, and the actual cost of all items charged on the cards that they had physical proof of. The judge required the plaintiff to prove how the entire balance was calculated. The philosophical question now would be, if I had been granted arbitration, would the arbiters have limited the judgement amount to the handful of charges they had on hand. The original amounts were probably high enough to compel the JDB to go to arbitration. The way I see it... I lucked out. I get to settle two collections for an amount far less than the JDB would have offered to settle it out of court.
  17. If this was small claims court, realize that quite a few of these judges run those courts as their personal fifedom. This judge might feel that the JDBs can sue for only actual charged, not any add ons. If the JDB does not like it, they can appeal. However, if this was small claims, most appeals are trial de novos and as such, the OP would have a 2nd bite at the arbitration apple with a real court judge who understands the FAA better. This leaves the JDB with the option of either appealing knowing that the OP will demand arbitration and probably get it in regular court, or take the 8% and walk way. If the JDB paid 5% or less for the debt, they may just take the $750 and call it a win vs a possible gamble at nothing and huge attorney and arbitration costs.
  18. Well, warnings and consequences are pretty much a part of life. At work, one can only mess up so many times and receive so many warnings before he is fired. You can only get so many traffic tickets before you may lose your license. In the past, when I received collection letters, they were always nice for a while. Eventually, however, the language became changed and became more stern. That’s just like any other part of life.
  19. I wouldn't want to see what the next one looks like! If someone opened a collection agency that focused on being kind, understanding, and accepting a reasonable amount of money, they'd probably end up doing alright. That would be like asking the U.S. Government to be efficient and fiscally responsible.
  20. what should i do in my case got any suggestions?


  21. Which is probably what happens with virtually 100% of these notices, regardless of verbiage.
  22. Even a fear of consequences can fall on deaf ears. If someone doesn't have any money at their disposal, and they feel they're helpless, the response is often to do nothing.
  23. That language is usually used after multiple attempts to elicit payment.
  24. Fear of consequences appears to be the only thing that elicits a response, these days.
  25. Do collection agencies think this kind of language is going to provoke a response? If they didn't use such intimidating language, if they didn't sound like total pricks, the lucky recipient of one of these letters would be more likely to contact them to work things out. If you don't contact them, the fees will likely go up. They may also file in court which would also increase the amount they're seeking.
  26. What did the 92% consist of - blatantly false charges, or did judge really screw up? Sounds like he was already clueless on arbitration.
  27. And the best Plan B is arbitration, when it's available.
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