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  1. Hi guys, I know it's been a while since I've been here. I am coming up on being an attorney for two years (crazy how time flies). I have steadily been building up my consumer debt defense practice and have about 15 active cases. I wanted to give an update on the cases where I have used a motion to compel arbitration. 2019 - Midland Claim for $3,400 - I brought a cross-motion to compel arbitration in response to a summary judgment motion by Midland. Midland fought hard against the arbitration motion and made terrible legal arguments. Judge denied summary judgment and directed the
    4 points
  2. "Legally required" - not sure what that means. If you don't tell the truth are you committing a crime? That depends upon the circumstances. For example, it is a Federal crime to lie on a mortgage application. See 18 U.S.C. § 1014. If you lie, and such lie does not rise to the level of a crime, but the other party relied upon your failure to tell the truth (your misrepresentation) then maybe you committed a civil fraud against that individual and can be sued by that individual. Bottom line - always tell the truth. If the question asks "have you filed bankruptcy wit
    2 points
  3. Was this a personal loan or a business/commercial loan? If the loan was taken out for a business, and the loan documents indicate the funds are to be used for commercial purposes, you won't be able to file a consumer arbitration case. Filing a commercial arbitration case will involve a much larger financial investment on your part (typically a 50/50 split).
    2 points
  4. First I would note that the SOL in Ohio has been changed for accounts in writing, from 15 years to 8 years. Accounts not in writing are still at 6 years. Also, Ohio has a borrowing statute. The OC here is a Delaware company, where the SOL is 3 years. Ohio would honor Delaware's SOL, if that is where the payments were sent. I know, it's immaterial here as the debt is not that old. But I thought I would point that out for anyone else from Ohio who sees this thread. Second, the JDB did you a favor by attaching the loan agreement to the lawsuit. Said agreement contains an arbitration
    2 points
  5. @Infinity Angel Did you call this attorney's office to inform him/her that you do not know this defendant, never employed her or paid her any sum; the named LLC has been inactive during all times relevant to this matter; you have no documents in response to this subpoena's attached schedule in the above-referenced civil matter involving this defendant?
    2 points
  6. I don't know where you read that, but you also should have read that the entire point of arbitration is to settle. You have a good opportunity to do that now. They missed a hearing. It's clear they dont want to deal with this case. Sounds like a prime opportunity to settle if you asked me. It doesn't matter what you demand was, I always ask for a mutual dismissal with prejudice. That's all. Keep it simple.
    2 points
  7. I must have missed that somehow, sorry but thanks for sharing. I settled with them today for 50% and both parties are happy.
    2 points
  8. There also is the issue of proving an oral dispute. Having everything in writing when dealing with law is always best practice imo.
    2 points
  9. Thank you for posting this. The ruling is Riccio v. Sentry Credit, Inc. Yes, consumers in states in the 3rd Circuit can orally dispute a debt. The court specified 15 U.S.C. 1692g(a)(3) because it does not contain a writing requirement. (3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector; The court stated, “In sum, we no longer think § 1692g(a)(3) requires written disputes.” However, the ruling has no effect on a request f
    2 points
  10. While you are correct that evidence such as business records must be authenticated, you need to read court rulings from your state courts in order to determine the requirements set forth by the courts for an affidavit to be considered sufficient to authenticate business records. Court rulings provide some of the best information and guidance.
    1 point
  11. Found this site today. seems like a good source of law research. Enjoy. https://lawshelf.com/coursewareview/civil-litigation https://lawshelf.com/coursewarecontentview/jurisdiction-over-the-parties-or-things-personal-jurisdiction/
    1 point
  12. Unfortunately, you don’t have a claim against BofA for reporting without verifying. They were not required to respond in order to report. The FDCPA does not apply to original creditors. Disputes with original creditors for credit reporting must be done by disputing through the credit bureaus in order to have a private right of action. And the bank still would not have to supply documentation. Even if you disputed through the credit bureaus, as long as BofA is reporting correctly, you would have no claim under any circumstances.
    1 point
  13. @Neveragain02 You might possibly have a claim for a violation of the FDCPA against the law firm. However, this doesn’t affect the lawsuits with the OC.
    1 point
  14. I can attest to this from experience. I was under water when I got my 1099C forms, so I didn’t pay any taxes. That raised a red flag with the IRS, so I had to send information with all my assets and liabilities to show that I was, in fact, under water. I did all the tax stuff so I could’ve kept the information from my wife. But I didn’t. We had a lot going on. Some of the debts were my cards, some were her cards and some were joint. She even had to show up in court a few times. My wife was very happy to have me take the lead in fighting off the debts, and
    1 point
  15. Ummm, if you do not include that income in this year's taxes, it is going to trigger an audit by the computers. The 1099-Cs are filed with the IRS too so they know about them. You have to dispute them now, not later and that might mean discussing this with your husband.
    1 point
  16. The primary reason to bypass Magistrate Court in GA is not clogged courts. Magistrate moves VERY fast. Once you answer they set a trial date within 30 days. The biggest reason they go to State Court is because Magistrate Court does not allow motions in advance or discovery. It is trial by ambush. Another reason is Magistrate Court is very informal and does give a pro-se a decent chance to defend. State Court follows ALL the rules of civil procedure and they can easily over whelm an unprepared consumer.
    1 point
  17. See if the OC will recall the account from the collection agency before you pay.
    1 point
  18. Everything looks good to go, can't say this enough you guys are awesome!
    1 point
  19. If the OP monitors the case through the online docket, it should be possible to avoid this.
    1 point
  20. You didn't answer this very important question from @LaneBlane Before you can study arbitration, you must first determine what type of arbitration forum rules (consumer or business) you would be subject to. The cost to you is very different and is vital to your strategy going forward.
    1 point
  21. @womanonfireHi I'm so sorry I haven't been on because I've had alot going on. Do you still have issues with Citi? I didn't know much so I basically followed fisthardcheese post and winged the rest of it. Please let me know if I can help in any way
    1 point
  22. Keep it simple, professional and polite. Just always keep that in mind when discussing the case with the attorney that the attorney is working for the bank, but isn't the bank so he is just the "messenger" of sorts. I always just say something like "In the interest of further time and expense on this arbitration matter, I am willing to offer your client a settlement of $X in exchange for dismissing my arbitration action and a full release of liability. This offer expires in XX days."
    1 point
  23. In that case, I would send a settlement offer for about 80% of the total amount you paid off. Keeping in mind, the best case scenario is that they will counter offer for a lower amount. I would have a number in mind that you are willing to settle for rather than going through a full hearing. There could be a number of back and forth settlement negotiations, going lower each time, but once you reach the point of your bottom line, I would tell them so. State that this is your bottom line final offer and if they don't accept that, then you just continue on with the arbitration process.
    1 point
  24. No worries just the threat forced them to settle didn't get out free but I'm happy with my results they agreed and I came out satisfied. This site and the information I have been given has been so helpful. The Lawyer said she will get the paperwork mailed to me and they agreed to dismiss both lawsuits with prejudice. So now I just wait on the paperwork to confirm the terms are correct, submit the agreed upon payment and I should be good. If anyone has any questions or wants to look at anything I submitted let me know. I'm happy to help in anyway I can. Thank you all once again!
    1 point
  25. There is only one poster on this board that I know of that uses a gorilla emoji, and that is an administrator of this site.
    1 point
  26. Thank you very much for your quick response!
    1 point
  27. I don’t think you’re being targeted with malicious intent. It appears to be a subpoena for you to provide employment records for someone who has a judgment against them. If that person never worked for you or provided services, this could be the result of mistaken identity, or the defendant could have lied at some point about employment. If it were me, I’d take the subpoena to the named court and speak to the clerk of court. Ask if it’s legitimate. If it is, then explain that you don’t know the person, etc. See what suggestions the clerk has to offer. Don’t get upset and assume
    1 point
  28. It is being claimed the defendant worked for you?
    1 point
  29. Just got off the phone with the non-jury coordinator and she said she'd schedule a hearing for my Motion to Compel. She also told me that Portfolio were the ones that withdrew the MSJ. I'm not sure why the lady at the lawyer's office didn't just tell me that to begin with. I guess we'll see where it goes from here.
    1 point
  30. If you have that many accounts and they are all in collections now, then you may want to look into Bankruptcy. It sounds terrible, but unless you have a home with a large equity amount, it actually can be the best route to get everything wiped out and put behind you and quickly start on the recovery road. It is much faster and easier than dealing with dozens of lawsuits and arbitrations over many years.
    1 point
  31. To intimidate you. And sometimes to convince a small claims judge that you are acting in bad faith or somehow your information, however legally sound, is invalid due to learning about the law from a message board.
    1 point
  32. The judge would either grant or deny Defendant's Motion to Compel Private Contractual Arbitration (or however you titled your Motion). What you have posted above appears to be a court-ordered Notice of ADR. Please read it carefully. It directs that the parties "shall" contact the "court-appointed mediator" directly. It mentions a court-mandated fee. Unless I'm mistaken, it is not an order for you to go to JAMS or AAA, which are private companies unrelated to your court. I would check with the clerk to see if this is an error and the status of your Motion to compel. Was PRA's MSJ denied?
    1 point
  33. If you can afford to settle, it might be a good idea. The reason the OC is reporting a $0 balance is because it sold the account. When an account is sold, the OC must report a $0 balance because it is no longer owed to the OC. It is now owed to the purchaser.
    1 point
  34. It is not necessary to quote the FDCPA. It is the job of the debt collector to know it. If they have already reported information to the credit bureaus, as long as the information is correct, there is no violation.If they have already reported information to the credit bureaus, as long as the information is correct, there is no violation of any law. Regarding the CFPB v. Afni, consumers cannot enforce a consent order.
    1 point
  35. No, you have to type it up using the examples provided in the other post and elsewhere.
    1 point
  36. Absolutely. The definition of a “debt” as defined by the FDCPA makes no exclusion for a defaulted debt that is still owned by the OC. It excludes a collection agency affiliated with the OC (such as the OC’s internal collection department) from the definition of “debt collector”; however, an outside collection agency is bound by the FDCPA. 1692a(6) of the Act defines a “debt collector” as one who regularly collects debts “owed or due or asserted to be owed or due another.” An outside collection agency is collecting for another business. In Heintz v, Jenkins, a debt collection attorne
    1 point
  37. If Hoyt sent the letter with the 30-day notice, it applies to the debt collection law firm.
    1 point
  38. 1) You do not send a response to anyone until you have been served. 2) As for someone going to the court, it depends on how the process has changed due to COVID. The normal process is to go to the court clerk's desk at the courthouse and as for a copy of the case John Doe vs. XXX Bank, case no. MIXXXXXXXXXX. The clerks usually charge a copying fee but being that there should only be one or 2 documents in the case file as of yet, it should not come to more than $20. The clerk then takes the cash and makes a copy of the case file to give to the requester. They might ask if the requester is
    1 point
  39. OK, first off, if you have not been served, they cannot go on until service is effected. However, they might be able to so what is called alternative service so keep a watch on the case and when they do that, that is when you mount your fight. Second, JC Penny going bankrupt does not matter because they were not the holder of the account, Synchrony Bank was the holder of the account and they are still active Third, between the last charges and interest for the past 4 years, it would not be surprising that the amount has reached $2300. Fourth Synchrony Bank has a very good arbitr
    1 point
  40. Your right, you are going to do what you want to do and no one can talk you out of it so my response at this point is good luck. I do have to ask a favor however, win or lose, please do come back and tell us the results.
    1 point
  41. Dismissal without prejudice!! I received my letter yesterday. I am assuming I no longer need to resubmit my response to the original claim...😀 Thank you again to everyone on the board!! Your efforts, advice and resources are much appreciated! Happy Holidays! bk
    1 point
  42. Because this is a commercial loan, you won't have the luxury of being limited to paying a reasonable filing fee. If I remember correctly, I paid $600 to JAMS in my commercial case. I would have been expected to pay half the cost of everything moving forward (arbitrator, hearing, etc.) What does the arbitration clause of your agreement say with regard to payment for arbitration? My agreement said the other side would advance or reimburse all fees/costs related to arbitration. The JDB in my case refused to do either. Because they never submitted payment for the arbitrator's retainer fe
    1 point
  43. Plaintiff filed a voluntary dismissal without prejudice. Speaking with them beforehand, I pushed for with prejudice but they wouldn't budge. Thanks for everyone's help here. Appreciate it.
    1 point
  44. This was a giant mistake. When the other side asks what you want, why would you not tell them??? Do you not want this case to be over? I would have immediately said I would agree to a stipulated dismissal with prejudice. After all, that is what you want. Why would you decide to not ask for this and continue a case for more months just to hope to get back around to that exact same spot again? If this were me, I would be emailing the Attorney today stating that I am willing to drop my AAA claims with prejudice in exchange for a dismissal with prejudice of their court case.
    1 point
  45. If the judge granted and signed a Motion to Compel Arbitration and STAY the case, then my next move would be a motion for sanctions against the Plaintiff for intentionally violating the order and refusing to abide by the previous order to compel arbitration.
    1 point
  46. Looks like the plaintiff attorneys filed a Motion to Mediate. COMES NOW the Plaintiff, by and through its undersigned attorney, and motions this Court for an Order referring the above-styled cause to Mediation. I already have an approved Motion ordering arbitration, and I already filed with AAA and paid the initial $200 to initiate the case.
    1 point
  47. I had the arbitrator, at the first conference call, flat out tell the Velocity counsel that they cannot get ANY fees from me. The arbitrator also vehemently insisted that the opposing counsel settle because the cost of arbitration will far exceed the amount of the debt. I believe they will eventually dismiss in my case. I am just going with the flow. About to send my discover request.
    1 point
  48. Hi, I received my first letter from Hunt saying they are attempting to collect the outstanding balance. I haven’t been sued yet since this is the first letter but it does state to contact them within 30 days to dispute. What should I do? It is $11,000 and less than a year old from Bank of America. How do I go about settling and not getting sued? I am in Ca.
    1 point
  49. Please, people. Have some common sense and use general amounts and alias names wherever possible when answering these questions. Lawyers for the creditors and collectors have been known to read this board too. And one unlucky member showed up in court to find all her discussions here being presented as evidence against her.
    1 point