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  1. @fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper Wanted to take a moment and thank you all. It appears I have my resolution on the horizon and it is one I can CERTAINLY live with. I have began donating to random charities with any extra money I can spare in honor of all of you. Maybe do with a little less and give someone a little more. I noted the crew @ CIC (that is you guys BTW) in my donation comment. As there is not much I can offer here, I am determined to uphold my promise to you all and do SOMETHING. You can see the first one I made here. https://gf.me/u/y42gyn. I will check in
    4 points
  2. Thank you from all of us! Your kind words brightened my day and, I’m sure, the days of others who try to help. I agree wholeheartedly that, somehow and in some way, good will follow good. 😀
    3 points
  3. That is a perfect settlement agreement. The best you can get. I would sign that and return it immediately. Congrats!
    2 points
  4. Just to finalize this post, I can't reveal any details due to the agreement, but I will say this: cashed my check today!
    2 points
  5. I did most, but not all, negotiating by emails. Sometimes phone or snail mail. Email is almost as fast as phones, and preserves a paper trail. Less misunderstanding that way.
    2 points
  6. That is incorrect. A “claim” is not about the selected forum or the costs associated with filing in that forum. A “claim” is a demand by one party for something owed by another party. In this case, the claim was that the OP owed PRA money. In fact, the JDB is the party who originally claimed the money was owed. In selecting arbitration, a consumer is merely exercising the legal right provided to him in the agreement to choose the forum. A claim is frivolous "if the proponent can present no rational argument based on the evidence or law in support of that claim." Hamon Contracto
    2 points
  7. I used to Volunteer at Westchester CLARO when I was a student. Did they already sign it? If yes, you can sign and send it to the Queens County Civil Court by the EDDS system. If not, sign the copies and send it back to them. They will file it with the clerk of the court.
    2 points
  8. @Racinghart03 I could not agree with you more! Thank you for expressing your appreciation for all of the dedicated and kind members here whose (strictly volunteered) contributions make this site a vital community.
    2 points
  9. @BV80I am really just trying to pay it forward. Not sure if you realize, but the advice you offer here truly can change someone's life. This was a very stressful situation and I am not sure how it would have panned out without all the help you all gave. And you all do it for at best, a little gratitude. I spent a lot of time on here reading and educating myself. I saw many times OPs just dropping off the map without so much as a thank you. I was determined to actually do something to SHOW that gratitude. And I will continue to do so from time to time. I have often been criticized, I feel from
    2 points
  10. Nope. The jpeg of the papers they were served with indicates Texas 192 rules which means District/County court. Zwicker is starting to use the state level to avoid having to get permission for discovery and to force pro-se defendants to have to follow ALL the rules.
    1 point
  11. Usually if you enter a settlement, it will contain language, something to the affect of you waiving or agreeing to release any and all claims against whoever you settle with. Have they offered to settle with you? Mind you my experience with settlements are when I have sued or threatened to sue someone and received a settlement from that party. I have never received or been involved in a debt settlement. Always only had dismissals with those.
    1 point
  12. I wouldn't think so. Again, simply making her an authorized user on his credit card doesn't mean her prior present or future bad credit goes on his reports other than that specifically used with that specific card she is authorized to use. Now, if Bob on the same account he authorizes a card for Alice on, destroys his credit with that card, in turn that negative credit will also appear as it relates to the use of that card account specifically on Alices reports as well.
    1 point
  13. If he wanted to make it a joint account, pretty much the same scenario. It would only limit his exposure to her credit debt on his reports relating to that account. But to that point, Bob may want to consider this all again carefully. Considering her prior woes with debt. Any JOINT account, will affect both Bobs and Alices scores for one and the others credit mishaps.
    1 point
  14. We are speaking of Bob simply adding her as an authorized user to his already established account, correct? Not opening a new joint account or making it a joint account?
    1 point
  15. Bob getting Alice a card on his account doesn't mean her credit goes on his. If it did, it would only be specific to her use of said credit card he provided, not her entire credit history.
    1 point
  16. I understand what you are saying. I was just pointing out that as he thinks TCPA doesn't apply in his case to defend himself counter wise against them, that he may still have an FDCPA claim, relating to the call.
    1 point
  17. 1692c(a)(1) (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, adebt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location; The OP stated that he has received collection letters at his current address. Considering that fact, the debt collector should be aware that the calls are being made before the time allowed in the FDCP
    1 point
  18. I meant that my lawyer notified the DC about my BK but my case with PRA is in county so I don't know if that information trickled down or not.
    1 point
  19. Use the form and check Box A. State that the jurisdiction is incorrect due to a private arbitration clause in the underlying contract and that Defendant has elected arbitration to hear this contested matter. An Affidavit is simply your own testimony. There need be no specific format nor state specific issues. As long as you hit on the important information, starting with identifying yourself by stating you are a resident of County, State and are over age 18 and make the following testimony of your own free will. And in the following paragraph I would simply state that the attached
    1 point
  20. You won’t be able to settle this now. Here are the cold, hard facts. There is good news and bad news. First, the bad news. They have zero incentive to settle right now. Their only incentive to settle would be if you had some way to pay the settlement. You don’t. Their best bet is to get a judgment against you, let the interest charges rack up against you until you are back on your feet, then garnish wages that will really hurt until paid off. And the garnishments will happen when you need money the most to get back on your feet. The good news: there m
    1 point
  21. In your MTC, if it were me, I would include the arbitration language from the agreement and the United States Supreme Court rulings from the sample MTC in the following thread.
    1 point
  22. @fisthardcheese Ok, so I went ahead and sent an email asking for a mutual dismissal. He replied quickly saying agreed and sent this to me to sign! I'm no attorney and there is a lot of wording in this! Does anything stick out to you guys that I should be worried about? Thank you for the help! Mutual Release.pdf
    1 point
  23. I am sorry for your loss. I know from personal experience that times of stress and sorrow can cause one to ignore important things. And the consequences can be bad. Please set aside some time for this. Think of this as something where you can be victorious. Maybe that can get you into the right mood.
    1 point
  24. These are objections you file with the court, pursuant to your state's arbitration laws, and potentially the Federal Arbitration Act. An arb award is not enforceable by itself. An arb forum can't issue orders to garnish wages, for example. That's why an arb award is confirmed as a judgment in a court.
    1 point
  25. OK. They will probably dismiss. Usually when they plan on following they don't do a song-and-dance routine.
    1 point
  26. You can file objections in the court, arguing that the arb award should not be confirmed.
    1 point
  27. A few things: 1. Did BOA dismiss WITH prejudice, as you stated? If so, the debt is dead. Finished. Over. If they dismissed withOUT prejudice, they can file again, and possibly will. 2. DV letters never hurt, and sometimes help. In the old days they used to help a lot more. For example, once an OC refused to validate, since they were the OC and didn't have to validate, but it never occurred to them that their CAs couldn't collect if they never validated. That debt eventually died off. I had another bank for which I had two large accounts. They would contract a CA, the CA wou
    1 point
  28. At this point have they paid anything toward the arbitration? As far as amounts being "off," what are they reporting to credit bureaus? FCRA claim may the way to go if the number are different everywhere. Typically suing for a lower amount is just them being careful and dropping any interest and fees they may not be entitled to.
    1 point
  29. This seems to be different from what you were saying above. If you owe $100 and they sue for $150, that is a violation. If you owe $100 and they sue for $74, that is not a violation. That is strange, but not a violation. From your two posts, it is not clear which is the situation.
    1 point
  30. There’s no “reporting”. If you have proof of a violation, that is one of your claims for arbitration. Have you already filed an arbitration claim?
    1 point
  31. I found it under Synchrony Bank/GAP on the CFPB website and on the last page it reads "The above notice applies only to consumer Gap Credit Card, Gap Visa Card, Banana Republic Credit Card, Banana Republic Visa Card, Old Navy Credit Card, Old Navy Visa Card".
    1 point
  32. This is why they were able to successfully convince the arbitrator that the case was frivolous. The advice here (myself included) as always been the goal is not to actually arbitrate but to make it so expensive they go away. Well, one JDB got smart and turned the tables. When you use the terms in the contract providing arbitration to negate the terms in the contract to pay the debt you owe solely based on expense of the action then that is a frivolous claim. The other adage that is often repeated (more so with OCs) is that a bad case is court is equally bad in arbitration. If you read
    1 point
  33. Contact JAMS again and ask them if they missed that part of the contract, about paying up to $1,000 of your costs? In either case, I think the most you would have to pay, if anything is the $250. So that is the conclusion I have drawn reading what I have about JAMS, anyway.
    1 point
  34. In the OP’s other thread, I posted an article that shows Synchrony bought PayPal accounts in 2017. Here is a 2015 PayPal agreement that references Comenity. https://www.paypalobjects.com/webstatic/checkout/hermes/html/PayPalCreditTerms_v2.html The 2020 agreement posted by the OP references Synchrony.
    1 point
  35. Note that the maximum statutory award under the FDCPA is $1000 per action. “Action” means lawsuit. No matter how many violations have been committed, you allege all of them in the same lawsuit. Therefore, the most you can receive in statutory damages is $1000. Punitive damages (harassment, emotional distress) are possible, but 5 phone calls would hardly qualify. Also note that since the debt is within the SOL and more than $1000, the JDB could countersue for the balance or simply offer a mutual walk away. In other words, there is no guarantee that you would receive a penny. Hav
    1 point
  36. No. Go to the Magistrate Court and they have the forms to file your answer denying their claims. You can read about it here: Magistrate Court Bulloch County You only have to check off "deny" no other information is required. File the answer this week. The good news is the court is closed until March 29th due to the pandemic. You need to file a timely answer to they don't get a default judgment. Then NOTHING will happen until next year. You should get a letter from the court explaining this. Your card agreement does not make arbitration possible per the terms. HOWEVER, you co
    1 point
  37. I disagree. Arbitration provisions refer to “disputes”. The dispute is not based upon whether or not a JDB will refuse to arbitrate. Instead, it is whether or not the defendant owes the money to the JDB. The JDB made the claim. Disputing that claim in a forum allowed by the agreement is not frivolous. JDBs have the option of filing in arbitration rather than court. They choose court because it’s cheaper. It is no different than a JDB that files a MTC when faced with a class-action lawsuit. The only reason the JDB does so is because class actions are not allowed in arbitration
    1 point
  38. You simply need to follow your court rules for writing a proper motion. Credit card agreements are governed by the Federal Arbitration Act, so United States Supreme Court rulings will suffice. However, here are a couple of South Carolina Supreme Court rulings. From the South Carolina Supreme Court: Unless the parties have otherwise contracted, the FAA applies in federal or state court to any arbitration agreement regarding a transaction that involves interstate commerce. Munoz v. Green Tree Fin. Corp., 343 S.C. 531, 538, 542 S.E.2d 360, 363 (2001). and !"`There is a stro
    1 point
  39. So far, so good. SOME states have a borrowing statute. I don't know if OK has one. The borrowing statute works like this -- for example, CA has a 6 year SOL, but a borrowing statute. If the credit card is based in Delaware, with a 3-year SOL, then the SOL for an account for a Delaware bank is 3 years. I don't know if OK has a borrowing statute, or what state Synchrony is in. The MTC is USUALLY, but not always, sufficient to win. If you also have a valid SOL claim, then you have an iron clad path to victory.
    1 point
  40. How sweet! Bless you for being such a kind person! ❤️
    1 point
  41. Thank you for your response. I filed it today with AAA. I followed your process step by step.
    1 point
  42. File it right away. Filing arbitration is the easiest part of this whole process and with that Synchorny/walmart contract it cost you nothing. Therefore, there is no reason to get into particulars on WHO files. Just file and complete your half of the court order.
    1 point
  43. *****Update I apologize for not posting the result. I did as @fisthardcheesesuggested and sent a respectful email explaining the situation. The attorney apologized and assured me that it was a mix up. I followed up with the court and verified the correct document was filed to dismiss WITH prejudice. I also checked my credit report and verified that it had been removed. Yay!
    1 point
  44. To add to this: There are a few other reasons why one would file a pre-emptive arbitration. I have done so on three occasions, and these are three exceptions to the rule. 1. I once filed a pre-emptive arbitration for a Citi small claims court. Had I waited until they filed, I would've missed arbitration. 2. One time the attorney for an OC (I cannot mention because of NDA) threatened to file a few months before my state's 6 year SOL. The card agreement said to use Delaware law for arbitration, which has a 3 year SOL. So I filed in arbitration. 3. One time I had a com
    1 point
  45. @fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper JDB attorney has reached out via email and asked if I would be interested in settling this matter. So kind of them. Do I ask what they propose or hit them with the whole gammit? Mutual walkaway from all current and future claims, and nothing reported to credit beaurus? They are awaiting my response. I don't want to say the wrong thing and Jack this up at this stage. Anything else I want in the agreement?
    1 point
  46. Good news -- they're willing to drop the collection lawsuit if I drop my arbitration case 😎 They want to draft up the settlement agreement -- is there anything that I should make sure is included? Maybe verbiage to ensure they can't ever do this again with any other potential debt they may buy in the future? lol
    1 point
  47. What is FRA? Your brother told them you are dead. Death does not extinguish debts. They have a right to try to collect from your estate. The FDCPA does not apply to original creditors. AnEx does not sell accounts, so the allen could have been from AmEx trying to collect its own debt. When did the account go into default?
    1 point
  48. It's not a violation of any kind for someone to call and ask to speak to the person handling your estate. If that's all they said, it could have been a casket salesman for all anyone knows.
    1 point