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Showing content with the highest reputation since 01/18/2019 in all areas

  1. 5 points
    UPDATE: Just got back from my hearing on my Motion to Compel Arbitration and Plaintiff's Motion for Summary Judgement. Judge granted my MTC and gave me 60 days to pay the $200 filing fee. We have another hearing in April and as long as I have paid the $200 filing fee, the judge is closing the case. Judge said, "I am asking this as a compliment, are you an attorney by trade and if not what trade did you study?" Me: (laughed) and said no I am not. I have an Associates in Accounting but I stay home and raise my kids. @fisthardcheese @Harry Seaward and everyone else on this forum, I owe a big shout out to you for receiving this compliment! Definitely couldn't have done ANY of this without everyone's help on here! I will be forever thankful for all the help from everyone here!
  2. 2 points
    @fisthardcheese @Around The Fur Arkel Constructors v. Duplantier & Meric, 965 So. 2d 455 - La: Court of Appeals, 1st Circuit 2007 "Cases decided prior to the aforementioned amendment to LSA-C.C.P. art. 2083 consistently held that rulings denying a motion to compel arbitration were immediately appealable. In Collins v. Prudential Ins. Co. of America, 99-1423, p. 6 (La.1/19/00), 752 So.2d 825, 829, our supreme court held that an order compellingarbitration was not appealable. However, the court specifically noted in that opinion that Section 16 of the Federal Arbitration Act directs that orders denying arbitration would be immediately appealable. The supreme court reiterated that holding in Aguillard v. Auction Management Corp., 04-2804, 04-2857, p. 5 n. 5 (La.6/29/05), 908 So.2d 1, 6 n. 5: "A judgment denying a request for arbitration has been held to be an appealable, interlocutory order." (Emphasis added.) See also Shroyer v. Foster, 01-0385, p. 3 n. 4 (La.App. 1st Cir.3/28/02), 814 So.2d 83, 86 n. 4, citing Collins, 99-1423 at p. 8, 752 So.2d at 830, and Stadtlander v. Ryan's Family Steakhouses, Inc.,34,384, pp. 2-3 (La.App. 2nd Cir.4/4/01), 794 So.2d 881, 884-885, writ denied, 01-1327 (La.6/22/01), 794 So.2d 790. These cases were based on the implicit reasoning that to deny an immediate appeal of a motion denying arbitration would cause irreparable harm to the party asserting its contractual right to arbitration. With the omission of this language 459*459 in the amended version of LSA-C.C.P. art.2083, an immediate appeal of an interlocutory ruling must be specifically provided by law. In the absence of legislation expressly authorizing an appeal of an interlocutory judgment, a party must now seek review under the appellate court's supervisory jurisdiction. LSA-C.C.P. art. 2083, Comments-2005 (a)(b)." In a decision rendered by this court after the effective date of the amendment to LSA-C.C.P. art.2083, we again reiterated and applied the holding in Aguillard, that a judgment denying a request for arbitration is an appealable, interlocutory order, without any mention of the amendment to LSA-C.C.P. art. 2083. Johnson v. Blue Haven Pools of Louisiana, Inc., 05-0197, p. 4 n. 1 (La.App. 1st Cir.2/10/06), 928 So.2d 594, 596 n. 1. In our most recent decision concerning an appeal of the denial of a motion to compel arbitration, this court merely addressed the merits of the issues before it, without mentioning the interlocutory nature of the judgment before it, nor addressing the issue of appealability. Lafleur v. The Law Offices of Anthony G. Buzbee, P.C., 06-0466 (La. App. 1st Cir.3/23/07), 960 So.2d 105. However, in Wooley v. Amcare Health Plans of Louisiana, Inc., 05-2025, p. 10 (La.App. 1st Cir.10/25/06), 944 So.2d 668, 674, we held that Act 205, which amended LSA-C.C.P. art. 2083, was procedural and should be applied retroactively. It appears clear that the amendment to LSA-C.C.P. art. 2083 now prohibits an immediate appeal from a motion denying a request for arbitration, despite any contrary indications in the jurisprudence. Aguillard v. Auction Management Corp., 908 So. 2d 1 - La: Supreme Court 2005 "Motion to Stay Pending Arbitration "According to [La.Rev.Stat. § 9:]4202, a court shall stay the trial of an action in order for arbitration to proceed if any party applies for such a stay and shows (1) that there is a written arbitration agreement and (2) the issue is referable to arbitration under that arbitration agreement, as long as the applicant is not in default in proceeding with arbitration." International River Center v. Johns-Manville Sales Corp., 02-3060, p. 3 (La.12/3/03), 861 So.2d 139, 141. In this case, unquestionably a written arbitration agreement does exist, and because the issue in this case arises from and is related to the Auction Terms & Conditions and its breach, the issue is referable to arbitration. Moreover, the record establishes the defendants are not in default in proceeding with arbitration.[16] Therefore, we reverse the court of appeal and stay the present district court proceedings pending arbitration in accordance with Section 4202."
  3. 2 points
    @Vinsey You need to read both the Tennessee rules of civil procedure and the local court rules. The last link is to a court-approved sworn denial fill-in form. Please take your time to understand what you are required to do under the rules and the deadlines that govern your actions. If you plan to file a motion to compel arbitration, your rules may require you to state an agreement to arbitrate as an affirmative defense in your answer to the complaint. http://justiceforalltn.com/content/pro-se-guide https://www.tncourts.gov/court-rules/218 http://www.tncourts.gov/courts/court-rules2/local-rules-practice http://justiceforalltn.org/sites/default/files/FINAL - Sworn Denial_0.pdf
  4. 2 points
    From everything I've read, do NOT file with AAA until you are granted the MTC, otherwise it makes a mess of things.
  5. 2 points
    I agree that the one in the OP’s last post would have to be the complaint because it demands a judgment.
  6. 2 points
    Just use the Synchrony Care Care. Include an affidavit that says you believe this to be the agreement governing the account. If they want to fight that, then let them provide a different version - they will all have same arb clause. You need to get your MTC filed ASAP. Find you local statutes / rules of civil procedure to site the rule that says arbitration is preferred method of dispute resolution. Most state's model Federal guidelines. At that point you either win or appeal the judge's mistake.
  7. 2 points
    This is my personal experience on how I beat Midland Funding, LLC twice in court and is not legal advice, but I will share what worked for me. Also, I want to thank Credit Info Center and all the people who wrote in the forums sharing their experience as well. The First Lawsuit I first received a letter from the attorney who was acting as a debt collector representing Midland and at the time I was already familiar with the validation process thanks to this website, so I sent a debt validation letter to the attorney. What they sent back was a joke and most of what I requested in the validation letter was ignored. So, after I looked at what they sent back I didn’t do anything because at this point I wasn’t being threaten to be sued. I figured they’d just go pick on somebody else who was an easier target. I was wrong. A few weeks after I received the letter back from the collector. I was returning home one day and a car pulls up in my driveway behind me and an older man gets out of his car and asks if I was the person he was looking for, and I was. I was then served the complaint/summons. Like many, my gut sank and I panicked. After a day or so, panic turned into anger and fueled my desire to beat Midland in court. I did my homework and used the info I gained from this website and answered the complaint. A week or so later I received a packet from the attorney, which was their request for discovery. If you don’t know what discovery is, it’s the plaintiff (Midland/Attorneys) asking for all the info that you might have to help them with their case against you because they don’t have anything or very little to get a judgment against you. As I went through the discovery packet to see what Midland wanted from me I became overwhelmed. So, I called an attorney and had him answer the discovery for me. It wasn’t cheap, but better than letting Midland win and having to pay an alleged debt to them. Now that the discovery was completed and filed with the court, I wait. As a week goes by, I receive a notice of hearing from the court. This is my first chance to really see how this is all going to unfold. So, the hearing date comes and I appear in person and the attorney phones in. That’s right! The attorney doesn’t even show up to the hearing and on top of that, the attorney who called in wasn’t even the attorney that had his name all over the complaint and discovery. The new attorney had the lawsuit dropped on his desk that morning. This was a strong indication to me how this was all going to unfold. At the hearing I stated that the debt wasn’t mine and the attorney said if this was a fraud case that they didn’t want anything to do with it and all I needed to do is fill out an affidavit and hope that Midland would drop the lawsuit. At that point the Judge scheduled the trial date and that was the end of the hearing, which only lasted 15 mins. A couple days go by and I receive an email from the attorney and it has the affidavit attached to the email. I open the attachment and read through the affidavit and realized that they were requesting the same personal info that I objected to and didn’t provide in the request for discovery. So I didn’t fill it out and again waited. The day has now come. Leading up the trial date I organized my defense and mentally went over it in my head almost to the point of going insane. I get to the courthouse about 20 mins early to once again go over my defense and in hope that maybe no one shows up for the plaintiff. Five mins before the trial is set to begin, I see a short elderly man walk into the court room. CRAP! I was really hoping the attorney wouldn’t show and I’d win by default. Oh well, let’s do this! I enter the court room and take a seat and get organized. The judge enters; we stand, and then sit. The judge starts addressing the attorney and it turns out that the attorney sitting in the court room isn’t even the attorney from the actual law firm representing Midland. The law office hired some random rent-a-lawyer to appear and he only had from the previous night to look over the case. The judge addresses the lawyer and the rent-a-lawyer calls me to the stand to testify. I was prepared to be questioned and how to word my answers in case the lawyer tried to be tricky, and he was. He started off with a few “Yes” questions in order to get me in the frame of mind to say YES to anything he says. But when it came to the questions of the alleged debt, I was a rock. Remember, it is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. Remember everything I just said because it comes into play in the second lawsuit. Anyway, after a few minutes of denying the judge turns to me and asks what I have to prove my case. What I presented to the court was my debt validation letter that I sent months ago and how it went for the most part unanswered. The judge asked a few questions to the rental lawyer, which the lawyer seemed to get confused by the questions and my presentation of my case. Rent-a-lawyer and I went round and round over my evidence and finally he got it. I was then put back on the stand and that’s when the lawyer tried to submit what I was sent in discovery from original attorneys into evidence. The judge turned to me and asked if I had seen the documents and I said, “Yes and I object to it on the grounds of hearsay”. The judge looked over the documents, which consisted of a bill of sale, affidavits, and some print outs of what was allegedly purchased with account in question. Then the judge turned to the lawyer and told him that based on what he has reviewed in the documents, he agrees that it’s all hearsay and will not admit the documents into evidence. The judge then started on the rent-a-lawyer by asking him questions on how he could even consider a judgment in the favor of the plaintiff based on their claims. And that’s when the lawyer thru his hands up in the air and said, “Fine, motion to dismiss the case without prejudice”. RED FLAG! That’s when I turned to the judge and requested the case be dismissed with prejudice. The judge made a few comments to the lawyer about how I’ve spent time and money over this case and that he was going to honor my request to dismiss with prejudice. Finally, this five month stressful experience was all over and I’ll never go through this again, right? So I thought. The Second Lawsuit Fast forward ten months from the end of the first lawsuit and I get served again by the same law firm and Midland, but for a different alleged account… on my birthday. I want to take a moment and talk a little about Midland. If they get their hands on a junk debt that they say you owe, I can almost guarantee they will come after you based on my experience. Midland, as many already know, is notorious for filing lawsuits. But from what I have seen from them in the court room, as long as you do your homework and show up in court, you will have the upper hand. Ok, let’s get to this second bogus lawsuit. The process was the same from the complaint/summons and discovery as the first lawsuit, but this time I didn’t need a lawyer to complete the discovery because I kept the one from the last lawsuit. So, the complaint and discovery were word for word copy for the most part so all I had to do is make a few changes to make it fit. Once all the paperwork was filed with the court and copies sent to the Midland’s lawyers, I sent a debt validation letter to the law firm. I figured what the hell, why not. It was the same format as the letter I sent in the first lawsuit and I got back the same garbage from the debt collector (law firm) as I did in the first lawsuit. The hearing date comes and goes and a trial date is set by the same judge as the first lawsuit, which was a good thing for me because I knew what to expect from the judge and how he worked. A week before the trial everything changed and I thought I was doomed. I was getting my mail and received an 8 ½ X 11 size envelope from the lawyer. Now I’m thinking, great, what now. What they sent me was a Notice of Exhibits and Witnesses for trial and a Notice of Intent to use 902(11) Evidence. Ok, let’s break this down. The exhibits and witness consisted of the same documents that I received in discovery except, one new document that was titled Book Records Affidavit or something like that and two female names and mine were listed as witnesses that may be called upon at trial. Up until I received all this new info, I was confident in my case, but all that went out the window and I felt like I did during the first lawsuit. Again, a day goes by and the panic turns to anger and strength to get my head on straight. First I realized that Midland was trying to scare me into believing that they were going to fly witnesses from out of state to testify against me. Financially for Midland it made no sense. Second, what the hell were these women going to testify to? Anyway, I prepared questions to ask them at trial and planned on objecting to anything they say on the grounds of Lacking Personal Knowledge and Hearsay. Now to the important part of the notices I received, Notice of Intent to use 902(11) Evidence. In my state this rule basically protects the plaintiff’s evidence from the hearsay rule based on the grounds that the documents were maintained accordingly by the party. I had a hard time with this one and I was going to take my chances at trial to get around the rule. On the day of the trial I was a wreck. But, I had to keep in mind that they still had to prove their case to the judge. Remember what I said back in the first lawsuit? It is the plaintiff’s job to prove that I own the alleged debt, prove that I owe it to them, and that THEY (Midland) actually own the debt. This is how I used the above statement for my defense: Midland Funding did not have a contract with my signature or agreement from the original creditor showing I owned the debt and they didn’t show how they calculated the amount and what was purchased with the alleged credit card. Midland Funding didn’t have a contract/agreement between me and Midland stating that I owe them anything. And most importantly, as I examined the bill of sale there was not one mention that Midland Funding, LLC actually purchased or owned the specific debt that they claimed I owed. NOT ONE WORD. All it stated is that Midland bought a POOL of charged-off accounts. Everything that I mentioned above is essential for JDB’s to prove their case and they don’t have such info, unless you give it to them by agreeing to pay them. Ok, now for how it all went down in court. I get there early like last time and wait in the court room eagerly watching the clock to strike 9 am. About five minutes till 9 a tall order man walks into the court room and asks if I am the defendant and I say yes. Then he goes on to say he’s the attorney representing Midland Funding, LLC and guess what? He’s a rent-a-lawyer! This lawyer like the last only received the case files the day before and he was alone. NO WITNESSES. The rental then asked if I’d be interested in settling and I said no thank you. The judge enters; we stand, and then sit. This time we each get to have an opening statement before I get called to the stand. So, in my head I know the lawyer is going to ask the “YES” questions and try to trip me up. Not going to happen. He starts off asking basic questions like what’s my full name and address. Then he started with questions on the alleged debt. After I honestly denied his questions, he started to introduce his evidence. The rental did this in a very drawn out way by introducing one document at a time and explaining why it should be admitted. As soon as he went to submit the first exhibit, I OBJECTED on grounds of hearsay. Remember the Notice of Intent to use 902(11) Evidence, well it was used and it worked for the rental. Every document he submitted for evidence was accepted by the judge based on the 902(11) evidence rule and the hearsay rule was useless. So now that Mr. Rental had all of his exhibits entered into evidence, I was given the opportunity to make my case. I knew I had to push hard and really focus on the statements that I outlined earlier for my defense. When it came my turn to present my case I started with the easy approach. I went with the debt validation letter I sent to the law firm. I made the case to the judge that I had sent the letter and it was ignored for the most part and they failed to send me what I requested in the letter. I also made the case that what was sent to me could have been created by anyone with a computer that had Microsoft Word. The judge agreed. The letter came back into play, but I’ll touch on that in a few. At this point, the rental didn’t object to anything I was saying and the validation letter was admitted into evidence. Next, I started on all the documents that were admitted against me and that weren’t. First, where’s the contract with my signature stating I entered into with the original creditor? Judge, “Counsel do you have that document?” The rental states, NO. Then I move onto the bill of sale. I bring to the judge’s attention that there’s not one word in the bill of sale that states that Midland had actually purchased the specific alleged debt that they are claiming they own. The only words that state that Midland bought anything were POOL of charged-off accounts. No specific indication that Midland actual owns the specific debt that they are trying to sue me for. This unleashed a hail storm of questions from the judge to the rental, all of which the rental had NO answer or proof of. With that being said, I attacked with, where is the contract that states I entered into an agreement with Midland to pay them? Again, the judge rips into the rental with more questions. Judge, “Counsel, I don’t see an agreement in which the defendant and the plaintiff entered into a creditor/consumer contract, do you have one?” The rental sits for a second and then replies, “No”. After that the judge started recapping everything I pointed out and lectured the rental on how can a suit be brought forward if there isn’t enough evidence to prove their case. Now we get to what sealed the deal, if not already. While the judge was lecturing the rental he noticed something on one of the documents that was submitted into evidence by the rental. It was a credit card statement. The statement had three different dates on it and one of those dates I didn’t notice and over looked. One date was a date referencing being a member since whatever year, the next was a due date which was two years after the member date, and the last, the one I over looked had a date that went back SIX years before the “member since” date and showed interest charges. What a minute! How could interest charges be on a statement SIX years before being a member? RED FLAG! The judge then stated that the date of the interest charges date back to being thirteen years old, which puts the alleged debt eight years past my states statute of limitations. So not only does Midland have nothing document wise to prove anything, now they lack legal standing to even bring suit because one can now make the case that the statute of limitations has well come and gone. I really wish I had noticed the dates when I received the complaint/summons and had the case dismissed with prejudice at the hearing. Oh well. After piling my defense on the court and the rental, the rental puts me back on the stand for a last ditch effort to question me. He asked a few basic questions and at that point the questions he was asking I could only speculate on and that’s all I said. The rental said no further questions and I stepped down from the stand. The judge then asks to hear our closing statements. Mr. Rental’s closing statement was him just asking for damages to be rewarded to the plaintiff based on that they FEEL I owe the debt. You have got to be kidding. My turn comes and I summarize everything that I have mentioned and requested the case be dismissed with prejudice. The judge then makes a few remarks and then dismisses the case with prejudice based on the evidence provided in his court room. I hope someone can learn from my experience and win as well. Remember, they have nothing. All they will try and do is scare you. Even if the hearsay rule can’t be used, it doesn’t mean you can’t win. They still have to prove everything I outlined earlier. Stay strong and don’t give up. Good luck!
  8. 2 points
    Trial in 2 weeks? If that's the case, you need to hustle. Fortunately, people have beat JDBs with less time on the clock. Sounds like you did not send them a CCP 96 Request for all evidence & witnesses they plan to introduce at trial, correct? Did they send you a CCP 98 Statement (Affidavit/Declaration in Lieu of Testimony)? I doubt they'll respond to/accept the offer you made. They want more than 10%. They always send a contract lawyer to make appearances for them; technically, because they hire them to make the appearance, they are their lawyer. What does the Advance Trial Review Order say?
  9. 2 points
    A toothless law, though. The IRS has really no interest (nor man-hours) to track down all of the JDBs who "forget" to send 1099s to consumers and enforce the measly $500 fine for it. You could TRY to arbitrate for those damages, but 1) the JDB will ignore it and force you to file a PTC in federal court to force them into the arbitration at the going $450 federal court filing fee (plus the time of typing up and filing the petition). and 2) as @BV80 pointed out, the IRS rules state that it is your responsibility to report the amount even if you don't get a 1099, so technically you would be culpable for your own damages, and while just forcing it to arbitration can get a settlement due to those arb fees involved, I doubt you would get a settlement amount worth all of the time and up front expense of federal court PTC and hearings to make it worth anything. In my particular case it was a 1099-MISC for a small payout to me from Midland. This was many years ago now, and because I was still learning, I was under the assumption that under $600 did not need to be reported as income and since I never got my 1099 I assumed this was correct. In my case, Midland sent the 1099 to the IRS for the full amount THEY paid, which included my attorney's fees and costs. While it was still a rather low amount, when I got the tax bill a few years later, I was able to amend my return to deduct the attorney fees and costs and only pay the small tax amount on the money I actually pocketed. Since that time, on two other tax years, I had settled account not send me a 1099, but I still self-reported that amount on my returns and marked them as "no 1099 was sent". This avoided a later hassle and bill. To me, this is another good reason to get a proper settlement contract that states you are not liable any further for this debt. Usually a normal settlement would state that neither party admits fault, but that this settlement constitutes an agreement to end the dispute in the interest of further time and expense. In other words, your $500 payment would be an agreement to end the dispute because otherwise the costs alone could be more, but does not mean you owe any debt. Of all the accounts or lawsuits I have settled in this manor, no 1099 was issued and I did not claim any income from debt forgiveness and it was never an issue. HOWEVER, if your total is $2000 and you pay $500 of it and then they issue a 1099-C on the remaining amount, claiming another $1500 on your tax return as income next year will likely have a very minor effect on your over all tax return. It is not a large amount in the scope of things, especially if you have other income and paid taxes through the year from a job.
  10. 2 points
    Discover is the original creditor. Defaulted debt is sold and often resold to debt buyers who may be disinterested in safeguarding their "reputations." You are voluntarily entering into a legally binding settlement agreement with "junk debt buyer" Cavalry that includes the negotiated rights and duties of each party. Your rights are best protected in clear writing within the "four corners" of this agreement.
  11. 2 points
    This is California specific and most people on this board already know that California is very consumer friendly compared to the rest of the nation so it is not surprising that something that would fly in California would not fly in other states.
  12. 1 point
    @Around The Fur You may find some useful info on writs here: https://raymondpward.typepad.com/files/btg-2017-oct.-ward-materials.pdf
  13. 1 point
    Is that true on an interlocutory appeal as well? I am surprised any court would have a higher filing fee than the Federal Courts at $400. OP, I would look into how to file an interlocutory appeal. This is something you can do now to appeal just the MTC ruling only and not have to wait for your case to be over an appeal in full.
  14. 1 point
  15. 1 point
    I'm sure they will make a compelling argument that it is the same, but court rules are not laws. Courts must follow laws that are written and enacted by the legistatures, whereas the Court is the one that writes it's own rules, so it seems to me that if the court writes it's rules, they can change those rules (or allow the judge to stray from them as needed). I know in my state, the Magistrate court rules literally state that the judge does not have to hold steadfast to any written rule. In other words, they can do whatever they please. I think these arguments and rules best show what the Op should highlight in his opposition.
  16. 1 point
    ... and those of us flipping the script. As unrelated as it seems, the Uber arbitration fiasco could have a big impact on our arbitration strategy.
  17. 1 point
    A carve out for collection activities arguably makes the arbitration agreement unilateral rather than bilateral. Types of claims can be carved out, but when a carve out excludes a claim type classification that could encompass some large percentage of the potential claims of just one party, the arbitration agreement is arguably not effectively reciprocally binding. These carve outs are currently mostly found in the arbitration agreements of the lowest ranks of subprime lenders. These agreements apparently must be passing the review process of AAA/JAMS.
  18. 1 point
    I’m very glad you won, and congratulations. However, your statement is incorrect. No court has ever ruled that an assignee to a credit card account must create a new contract. The terms of the defaulted account are based upon the original credit card agreement. In the case of a purchased account, a debt buyer must show that it owns the account. That has nothing to do with the creation and signing of a new contract. Unifund CCR Partners v. Riley (MI Court of Appeals, 2010) Although plaintiff submitted a copy of a bill of sale executed by Citibank, it did not provide the portion of the assignment that indicated that this specific account was one of the accounts being assigned. Because the assignment occurred through the contract, absent evidence of the contract showing the specific assignment, the affidavit containing plaintiff's employee's bare assertion of the assignment is insufficient to establish factual support for plaintiff's claim that it acquired defendant's account by assignment. Midland Funding, LLC v. Bassett (MI Court of Appeals, 2018) Based on the foregoing, we conclude that plaintiff failed to affirmatively establish a continuous chain of title to defendant's debt between FIA Card Services, N.A. and Midland Funding.
  19. 1 point
    Use the denial form only. Since your court offers an easy denial form for an answer, I would fill it out and set it aside until time to file it just before your 30 day deadline. I would now start working on your Motion to Compel. Waiting until close to your deadline to answer gives you that extra time to get your MTC in order.
  20. 1 point
    Nope, not in California. We are fortunate that the Civil Code requires that a creditor/assignee like Midland to not only produce evidence against you but also produce a witness, from the original creditor, that can authenticate the alleged evidence; (so long as you play good defense). 5+ years on the forum and I have yet to see a JDB like Midland produce that witness. You should start your own thread & let us know what's happening in your case by answering these questions: https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/
  21. 1 point
    Can you offer any insight into what caused them to dismiss the case? The problem is these cases come and go and people (myself included) are very eager to attribute outcomes to this or that, but most of the time there's little in the way of a complete breakdown of 'first this, then this and finally that'. It goes that way when people lose their cases also and it's frustrating when we can't learn from the experiences of others.
  22. 1 point
    You can try to call them and state that BUT they will still want the judgement. You might be collection proof today but tomorrow you might have assets at a later date and the judgement accrues interest at a rate better than market. They can do depositions too and if you miss just one, they can get an arrest warrant and have you thrown in jail. Once you are bailed out, they take the bail money. They also do not believe anyone who claims to be looking into filing bankruptcy because too many people say that. They only believe the actual filing. If you really are going to go the BK route, I would suggest you do that before the judgement is issues, especially if you have real estate such as a small home.
  23. 1 point
    Your original contract says that the account may be sold at any time, and the successor-in-interest inherits all of the same rights as the original creditor. The only possible ways you don't owe them anything is if a.) you didn't open the account, or b.) they didn't actually buy it.
  24. 1 point
    Of course. Same as it ever was. Now other Texans are left out to dry because no one is going to help when he's going behind the scenes to throw everyone under the bus.
  25. 1 point
    Your case is in Justice Court. You cannot do discovery until you get permission from the court. You have to get that first. Please keep all your questions in this thread and don't start a new thread for each new issue. It is too hard to keep up with.