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  2. I've wondered how counter claims work...could I not just file a counter claim for $10,001? Thereby making everything above small claims? Kind of a silly idea, but I wouldn't put it past JDBs or Citi for that matter if it got them where they wanted to be
  3. People fear Chinese boogymen while allowing their own government to trample on them with impunity.
  4. Today
  5. This is the plan I would use. I would also file a counter claim in the small claims court if I can find any shred of a violation. Often in small claims, the JDBs do not like to argue counter claims and will agree to a mutual dismissal.
  6. By forcing a dismissal and possibly wiping out the debt for good. Which is always better than a judgement in case one day you do have income or assets. Can you post a scan of the entire arbitration section from you loan agreement?
  7. This is very rare. What is the nature of the court date? When did you file the MTC? Did they file any response to it?
  8. Next time they call, record the call. FL is a two party consent state, but it is likely that THEY will say that the call is being recorded so that should cover you recording as well (or to be sure you can respond with "I agree" or "yes"). On the call, don't admit to owing anything, but verbally tell them you revoke consent to call your cell phone. After this, you can hang up if you wish. Every call they make to your cell phone after this is a definite TCPA violation and can be used for a future arbitration claim against them. Start keeping good records of their calls. Answer them so they appear on your phone bill. Hang up on them without saying anything if you wish. You just need it to register on your call records. 🤣 It doesn't really mean anything (although it can show that you are asking for arbitration early if needed in court), but it's just my personal favorite response to the equally meaningless "pre-legal" language they use to scare people.
  9. But if I have no income/ assets, what benefit is arbitration?
  10. This is why demanding arbitration will stop the plaintiff's right to go to court. the previous dismissal rule includes arbitration as an element to dismiss case. However, i am not an attorney and this is what i would do if it was me personally.
  11. Arbitration is a way to settle for less than the amount owed.
  13. Apologies for my naïveté here, but because there is an arbitration clause, I argue they cant sue me? Does this mean I am requesting arbitration? I am unemployed and have no money in the bank so not sure arbitration is all that great of an option for me.
  14. Hi there @DebtSettlementJourney I echo the thanks others have offered. The specifics of your negotiations are extremely helpful. My question to you is about Discover. Am I correct in assuming your settlement payment plan is sans interest accrual? I have been on a payment plan with Discover- for the full amount while the balance still accrues interest (on the closed account) I’ve reduced the balance from 8k to 5k this way but more than half of my monthly payment is going to interest. I have called numerous times but am told there is no way to renegotiate this. I would be downright thrilled with payments on 40% of the remainder. How did you get to that point with them?
  15. @fisthardcheese I go to court next Thursday on the 29th. Can you review the documents I have and tell me if these are anything that can be used against me or that I should prepare for (in case my motion for arbitration is denied). I was hoping they would have dropped the suit when I filed for the arbitration motion but I haven't heard anything so I'm assuming they haven't. Also, if the motion is granted then I'll need to file an MCT, correct? thank you!
  16. Yes, try to find it. i was looking at MI rules of civil procedure, you can file a motion to dismiss for lack of subject matter jurisdiction before you file a answer with affirmative defenses. Rule 2.116 (C)(4)(7)(D)(2) (C)(7): Entry of judgment, dismissal of the action, or other relief is appropriate because of release, payment, prior judgment, immunity granted by law, statute of limitations, statute of frauds, an agreement to arbitrate or to litigate in a different forum, infancy or other disability of the moving party, or assignment or other disposition of the claim before commencement of the action.
  17. Original creditor is Lending Club. Yes I believe there is an arbitration clause (stating that arbitration is an option of either party- is that what you are referring to?)
  18. Who is the original creditor? is there an arbitration clause in the agreement?
  19. Being sued by Credit Corp in MI, they have attached a bill of sale with 2 accounts but no acct numbers or my information. Also attached is a very basic spreadsheet of balance /payments. I need to draft my answer. Plan to state I do not know whether their complaints are true (neither affirm nor deny) but what am I selecting as affirmative defenses? I spoke to an attorney on the phone who said I should use statute of fraud however just read on this forum that wont work with consumer debt (this was a personal loan not a cc if it matters).
  20. There are many reasons to get a personal loan: debt consolidation, home repairs, tuition costs or that item that you just have to have. A personal loan generally means that the loan is unsecured loan and repaid over a fixed period of time. A personal loan is not typically more than $50,000 and is […] The post Personal Loans: 6 Tips that will help you pick the best loan for you appeared first on Credit Info Center Blog. View the full article
  21. Update: This morning I checked my mail and received a letter from Rausch Sturm. It is dated 8/1/19 and references the debt that they already are suing me for. They mention nothing about the lawsuit in the letter. Just offering a payment plan for the full amount. Should I just ignore this letter and continue filing for the discovery request?
  22. @kid330323 Send a validation request to the law firm stating that you dispute the referenced debt and request validation. Be sure to reference the account number in your letter. Also, request the items that were listed in the second to last paragraph of their letter (that Unifund has the right to seek collection, etc.).
  23. 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.
  24. 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?
  25. Yesterday
  26. 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>
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