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  1. I just want to say that a win is something that the OP can agree and live with, whatever that might be. For some, that is paying some money but not the full amount, for others, that is an outright dismissal without paying anything. Each situation and person is different so if you are happy and can live with the settlement, you have won.
    7 points
  2. @Mistymouse4590 Indeed this was settled on the 10/19. We came to a mutual settlement after a bit of back and forth countering. Looking back im not sure if this case could have went anymore perfect. Ideally we want an outcome of $0 and a mutual walk away with prejudice but every situation is gonna be a bit different. I do honestly believe had I held on just a bit longer that would have been something i could have achieved. It was long and drawn out but at the end of the day its over and I am ready to move on with my life. I followed all the advice from the members on the site and stuck with @fisthardcheese arbitration instructions exactly and it could not have went any smoother. The process should not be scary. Although it was a huge weight and worry on my shoulders everyday. If you follow the procedures and do just a little research you can beat these clowns. So long story short the JDB followed me into arb. It cost me $250 with JAMS to file and then Velocity paid $1500 to follow. After that it was up to us to mutually decide on an arbiter. There was a list of 5 arbiters sent. I sent my top 2 to the attorney and they choose the arbiter that had a 7k per day fee. There are also many other fees that can be added along the way. It was this attorneys first time in arbitration so I honestly don't think she had much knowledge of how the fees worked. After the arbiter was decided they sent Velocity a 5k retainer to get started. The other fees would have been added at the end I would assume. The lawyer took her time as she did with every thing else. They finally contacted me about a settlement. I politely declined and countered. Now, Looking back I have to say that it was likely very possible to walk away unscathed from this however I wanted it finished. They re-countered my offer and again i declined sticking with my original offer. 24 hours later confirmation email stating they had accepted my offer. The original debt would have been null to them and they would have likely payed more at the end of this than the actual starting debt had it went that far. So i doubt they made much if anything after the initial court filing and then following into arbitration. I can easily say this is a win for me. Some might feel otherwise but its what i felt best about. I could list many names here at the end but i'm sure i would forget someone. With that being said I want to thank each and every great soul that helped me along this journey. We had two cases and the first was dismissed without prejudice before entering arbitration and then this one. Absolutely could not have done this with out you great guys and gals. Lets go Brandon!
    6 points
  3. Update time : I refiled my motion, it was granted. Days later I got an unsolicited dismissal with prejudice from the opposing counsel. Looks like they just decided to kill it on their own after a year of patty cake with me. 3 lawsuits down, 3 wins. No more to go.
    3 points
  4. Check what the status of your case is using your case number. Here is the link for LA county, I'm not sure what the site is for other county's but it shouldn't be difficult to find. http://www.lacourt.org/casesummary/ui/index.aspx?casetype=familylaw Check if they claim if you were served by personal service or substituted service. Either way you must answer within 30 or 40 days otherwise they will win a default judgment. Please DO NOT wait until 2022 to take action. Here is the link for the CA rules for answering. I'll also quote the rule below https://www.courts.ca.gov/1322.htm You have 30 days AFTER the date you are served to file a response with the court. The 30 days include weekend days and court holidays. If the last day falls on a day that the court is closed, you have until the next day that the court is open. If you were served by substituted service, meaning the summons and complaint were given to someone else in your household or place of work, and another copy was mailed to you, you have 40 days from the date of the mailing to file your response. BUT before you count on these extra 10 days, make sure the plaintiff’s proof of service says you were substitute served and not personally served. You can find out by calling the plaintiff’s lawyer and asking how the process server claims you were served, and also what date your response is due. Send a fax or letter to the law firm confirming the information you are given.
    2 points
  5. If a judge has ruled that they other side must follow the contract and use private contractual arbitration, they simply cannot refuse to pay the fees and use their own refusal to get the case back into court. That is called a failure to follow a court order and courts do not take kindly to parties that fail to follow their orders. What has happened is that they, the writers of the contract, are saying that they do not want to follow one of the terms of the contract now because it is inconvenient for them to follow it while you, who were told to take it or leave it in regards to the contract, must follow its terms to the letter. The courts do not allow a situation like that because it would be unfair to the party that was told to take or leave the contract. They put the arbitration clause into the contract for their benefit and now, since it is not beneficial to them, they don't want to follow the clause they put in. So, if the AAA case is closed and the court case is still open pending arbitration, you file what is a motion for sanctions which asks that the court punish the other party for not following the orders of the court and request a remedy, including dismissal with prejudice. In that, you inform the court that the reason arbitration did not happen was due to the other parties refusal to follow the court order.
    2 points
  6. Was your last payment made 6 years ago? If so, the account is outside the TX SOL If they sued, you’d have an affirmative defense and an FDCPA violation counterclaim.
    2 points
  7. @Clydesmomhas explained quite a bit but you have to also understand how small claims court works. I usually describe it as Judge Judy without the attitude from the judge. You present your side of the case, the other presents their side of the case, and the judge decides. There is usually no discovery and the rules of evidence are very relaxed. That is one of the reasons that many states do not allow lawyers in small claims. That is also why in most (probably all) states, you can appeal to the civil court and get a trial de novo. Each state sets its own rules and some states allow corporations to be represented by attorneys and other states do not allow attorneys or even corporations to use small claims courts at all. You really need to understand what you state allows and don't allow. Even if the rules are looser than civil court, that does not mean that a judge will not enforce them so don't expect a JDB or their law firm to play fast and loose with the rules. After all, they have 100s of cases in front of these judges (who usually rotate) and the last thing they need is a pissed off judge to deal with. Finally, we keep forgetting the white elephant on this board. The fact is, most of us really owe the money. Some of us simply refuse to pay for whatever reason and others cannot pay, for whatever reason. Now if the plaintiff cannot prove that we owe the money, that is their problem. If they can prove it, then it is our problem. Sometimes there is really no way to defend a well evidenced and prepared case by a plaintiff. The best option is to settle or bankruptcy. In other case, due to shoddy paperwork, lack of effort, or generous contract terms, we can win the cases. It is really dependent on many factors and we really cannot tell what ifs until things get going. That said, most major JDBs are not going to try to skirt the rules so much anymore. They might make a mistake her or there but they have really cleaned up their act since the financial crisis and aftermath. Those who violate the rules these days are usually scammers who use fear more than anything else, are all bark and no bite, and don't care because you can't really track them down.
    2 points
  8. There are only a handful of states that prohibit attorneys in small claims court. California is one of them. For debt collection cases in states where attorneys are not allowed in small claims court they have to file in State Court. i.e. The next level up of court. In Texas some attorneys go ahead and file there because Justice Court requires permission to do discovery and limits what can be sought. State Court does not. Georgia has Magistrate Court where the limit is $15,000 and there is no restriction on attorneys using this small claims court. However, Magistrate Court does not allow discovery at all so some firms go straight to State Court to avoid that. The limit for small claims cases varies from state to state. The typical limit is $5,000. Some moved it up to $10,000 and a few have it as high as $15,000. The value of the case does not necessarily make it small claims. The court the case is filed in DOES. State Courts do not cap the limits that can be sought. Small Claims court does. Therefore some Plaintiffs are forced to a higher court when the cap is low or they don't sue for full value. CITI does not have a carve out for small claims court suits. They have a carve out for arbitration on cases filed in small claims court. So someone sued in Magistrate Court in GA for $11k could not compel arbitration because Magistrate Court IS small claims in GA. Someone sued in California in State Court for a CITI debt for $2335 could compel arbitration because the case would have to be filed in State Court since attorneys are not allowed in small claims in California.
    2 points
  9. They cannot "levy your bank account" without being granted a judgment by the court. Answer the lawsuit with a general denial. This is the wimpiest and laziest law firm in Texas and they don't like to do anything beyond collecting default judgments from the 95% of defendants who do not respond at all.
    2 points
  10. First off, you need to tell your mother and sister that this is a scam and that they should just hand up. The first flag that this is a scam is refusing to give you a company address. This is a big no-no under the FDCPA and the legit JDBs know it and will give you an address upon being asked. The second one is the threat of service (especially at employer). No service process company will call you to tell you that you will be served. Who would be home if they really did do that? What they are doing is highly illegal and they know it. If you want to be sure if you are being sued or not, go to your county court's website and look or call the county clerk. That will tell you immediately what is going on. Beyond that, do not talk to these people and never give them you personal information. Some people here like to play with people like that but don't bother if you think you will do something foolish.
    2 points
  11. Another poster mentioned counter claims, which are a potent weapon if they are bona fide counter claims. Don’t just make s*** up. Discovery is a big thing. Make sure you use discovery to get all their evidence against you. This is also a good time to go over their accounting with a fine tooth comb. I got the accounting for Cap 1 thrown out of court even before arbitration because their affiant wasn’t qualified. I found some possible discrepancies with the statements from another OC I can’t mention. Things that cast doubt on the validity of the statements. For example, a statement from one year would have an ad with a date from a later year.
    2 points
  12. This seems to say things could change if things change. All things must pass. We can only look at the current state of things, where arbitration is expensive for the JDB and they can’t initiate. BOTH would have to change for the JDBs to go back to arbitration. Essentially, if we went back to the way things were with the NAF scam, we would need to worry. Unless there are major changes, this won’t happen. But it could happen. There was a joke in Poland during the iron curtain days: An old man refused to put his money in the bank. His son intervened: SON: At least put in 100,000 zlotys. When you see how convenient and safe it is, you will want to put in the rest. OLD MAN: I have seen many banks fail. What if the bank fails? SON: The bank is backed by the Polish government. If the bank fails you still get your money. OLD MAN: I have seen countries come and go. I saw Poland fall before. What if Poland falls? What will happen to my money? SON: The Polish government is backed by the army of the entire Soviet Union. OLD MAN: What if the Soviet Union falls? SON: Isn’t that worth 100,000 zlotys?
    2 points
  13. Agreed. Also, MLH, in the letter your wording states "payment towards debt in full". This is not necessarily the same as "settled in full", which is what you're seeming to look for, yes? They may, they may not. They very likely WILL ask you questions over the phone, if you call them asking about medical hardship.
    2 points
  14. This is true. Also very important. if for some reason the new attorney claims the failure to pay was due to malfeasance on the part of the old attorney, that is when the argument that the new attorney had over a month to clean up the mess comes in.
    2 points
  15. @BackFromTheDebt @Vaness@ I’m not sure the new attorney can make the argument that the previous attorney neglected to pay the arbitration fees. The attorneys don’t pay the fees. The plaintiff does. In MTD, your argument is that the plaintiff failed to pay.
    2 points
  16. You did the right thing in sending option 1 because they are not required to provide what is requested in option 2 in order to validate a debt.
    2 points
  17. @BV80 @Clydesmom Little late responding here but thank you for correcting my assumptions regarding § 811 above.@Macslick sorry if I caused any confusion, even if only briefly. Want to say I think I've been corrected on this before but, if so, it's been a few years and forgot. Need to stay in my lane (CA), lol.
    1 point
  18. I would add exhibits proving your statements listed. here is law Fl. law on motions. my guess you know what to do as you filed MTC. Fla. R. Civ. P. 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d)... As amended through August 26, 2021 Rule 1.090 - TIME (d)For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.
    1 point
  19. Did you get a "pre-legal" letter or an actual summons? There is a big difference. If it is a letter stating they sent your file to an attorney for review then you need to send a debt validation letter within 30 days of when you got it. That buys you a little time. If you got a summons because they already sued then you need to answer to the court. CreditOne has a carve out for debt cases in small claims court and the amount of yours puts the case squarely in small claims in OH and arbitration would not be an option. If they do sue your options are to defend yourself if you cannot afford a lawyer, file bankruptcy if you qualify or settle.
    1 point
  20. Here's what a Demand in Lieu of Subpoena, according to the Google: A “Notice to Attend” (also known as a “Notice in Lieu of Subpoena”) is a written notice that requires the other party to attend the court hearing (or trial). It also tells the party when and where the hearing or trial will take place. ... For example, the notice does not have to be issued by the court before it is served. I'd start by answering these questions so others on this board will be better able to help you: 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. When did you open the account (looking to establish what card agreement may be applicable)? 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 18. How did you find out about this site?
    1 point
  21. If you want to use arbitration as a defense: YES. Florida is the one state that requires a MTC instead of an answer if that is the path a Defendant wants to take. READ the thread he gave you on arbitration. It explains ALL of that. After you have been served but before the deadline to answer. This has happened in FL before. When the case is filed the court automatically sets the pre-trial date assuming service will go smoothly. For the cases where the Defendant remains unserved the hearing has to be rescheduled as it cannot take place without properly serving ALL parties in the suit. Even if you get served the day before the hearing as scheduled right now they have to change the date because FL law gives a Defendant a fixed amount of time to prepare once they are served and I believe it is 30 days.
    1 point
  22. @magali This poster is from your state. In fact, he/she posted today. https://www.creditinfocenter.com/community/topic/334909-being-sued-in-california-arbitration-a-2nd-time/?tab=comments#comment-1402265
    1 point
  23. Case update: my MTC hearing was this morning and it was granted! Midland was a no-show again, just like my previous MTC hearing this year. I will start the arbitration process with JAMS once the electronic order is available which the judge said will take 24-48 hours. Some notes: The judge did say "This is unlike them" when referring to Midland having no one present for them. He took a few minutes to review my POS-030 form (PROOF OF SERVICE BY FIRST-CLASS MAIL) to make sure it was all in order. Just for reference, I filed the POS-030 form, a copy of the certified mail receipt, and a copy of the domestic return receipt (green card) as one document as proof of service. Also, this was a remote video hearing, not in person.
    1 point
  24. Unfortunately, Indiana does not have a “borrowing statute” that allows for the use of another state’s statute of limitations. In Smither v. Asset Acceptance, the Indiana Court of Appeals ruled the Indiana SOL applied to a credit card account. “It is well-settled, however, that contractual choice of law provisions govern only the substantive law of any claims arising out of the contract; the law of the forum state where the suit is filed still governs procedure. A statute of limitation is a procedural constraint on when suit may be filed. Additionally, the prevailing authority indicates that, unless the parties expressly agree to apply the statute of limitations of another state, general choice of law provisions in contracts incorporate only substantive law and do not displace the procedural law of the forum state." Smither v. Asset Acceptance, LLC, 919 N.E.2d 1153, 1157-58 (Ind. Ct. App. 2010). Since Indiana views the SOL as procedural law, then the forum state where the lawsuit was filed, which was Indiana, governs the SOL.
    1 point
  25. California is not a "right to cure" state and does not require they notify you they intend to sue but many JDBs do so anyway. Who is the original creditor and how much do they claim is owed?
    1 point
  26. What is happening with the lawsuit in VA court? If it was dismissed they can't file as it's definitely passed the SOL now. Was it dismissed? What happen with the motion to dismiss due to the Statutes of Limitations being over? If the case was stayed and judge gave you a show cause date. You can have the case dismissed for JDB not participating in Arbitration.
    1 point
  27. MCT was granted have until next month to do the AAA boy oh boy thanks for all your help
    1 point
  28. You say this is about 6 years old. Either it is past SOL or very close to SOL If it’s close to SOL, wait until about 3 weeks after their first contact, and send a DV letter. That buys a few weeks. Your strategy after that depends on how close it is to the SOL
    1 point
  29. They don't and won't do that. If attorneys are not allowed in small claims court, then they don't use small claims court. They use regular court. The filing fees don't concern them because they can recover the fees from the defendant. They won't send a disbarred attorney because they CAN'T. A disbarred attorney cannot practice law. They can't represent a client. And only a natural person can represent himself/herself. JDBs are corporations which have to be represented by counsel.
    1 point
  30. You are missing the point. States that do not allow attorneys in small claims court are seeking to keep that venue for average consumers to be able to avail themselves of access to the courts at a reasonable costs without the need for attorney. Most attorneys refer to it as dog bite court or redneck divorce court. In states that prohibit attorneys in small claims the law firm representing a client doesn't file in small claims. They file in state court. It is that simple.
    1 point
  31. The issue here though is unlike the cases brought by banks and JDBs against debtors who owe, @Harry Seawardis trying to bring a claim against a bank. Since the contract requires that the claim be arbitrated, Harry tried to start an arbitration case with AAA in accordance to the contract. AAA has told Harry that they will not take the case because the bank has not paid fees from other cases already (or some other reason involving fees). At this point, should the bank be allowed to enforce the arbitration agreement in court since they already breached it and if not, could this open them up to a class action suit. In other words, does the breach of the arbitration part of contract override the Fair Arbitration Act? This is an issue for a judge to decide. Another question is that should a plaintiff be forced to take a defendant to court to force them into arbitration when the point of arbitration was to avoid court to being with? The closest we had to deciding this was the cases filed in arbitration against Uber in 2018 where Uber was refusing to pay the fees for a huge number of cases involving the same claim. Uber however decided to settle those cases out of arbitration and court (and I am sure there are NDAs on those settlements). That is why the arbitration companies came out with the sliding fee setup for what essentially is the same claim filed multiple times against the same company. Uber is now fighting for that sliding scale fee in another claim involving Uber Eats fee reductions for BIPOC communities. The point is that arbitration is supposed to be an alternative forum to decide issues and claims rather than civil court. It is not supposed to be a method to avoid litigating those claims completely.
    1 point
  32. Great News! The weekend is here. Go Celebrate!
    1 point
  33. More than likely, you were contacted by a scammer. Legitimate debt collectors and attorneys don’t call and give warnings that a claim is about to be filed at a county court or that you’re going to be served. They also wouldn’t call your relatives to tell them they’re going to sue you. I’ve gotten those calls before and no claim was ever filed nor was I ever served. Tell your mom and sister it was a scam. The problem with trying to locate scammers is that they don’t have legitimate places of business. They also probably change phone numbers or are using burner cell phones.
    1 point
  34. Uh, telling them you are going to rack up their bill may be a bad idea. If they win the case, they may claim you are acting in bad faith. That may give them an opportunity to force you to pay their fees. This has been seen rarely, but it has been done. One of Judge Susan Weber Wright’s last cases she put about $60,000 in sanctions against a guy for acting in bad faith. The fellow who was sanctioned posted here and the deduct “other “ board under the name ColtFan. We have also seen this in JAMS a few times.
    1 point
  35. @BackFromTheDebt I feel you may be right in this case. Just a feeling I have had for a while. @Jimmy E As always, I very much appreciate all the time you have taken and all of the info you have provided. I do understand what you are saying about the arbiter as well. Obviously we want to make it cost as much as possible but need to make the right choice on arbiter too. @Harry SeawardI have really been contemplating a settlement. I know at the end of the day $0 is the best out come but i am ready to get this behind me too. I feel like Today just before the arbiter selection is the perfect time. I realize everyone (me included) wants to really stick it to them but this is a heavy weight on my shoulders right now. While it seems like the best option is to keep moving forward and just ride this out I'm not sure i feel that. I am going to send my top 2 arbiters to them. I will hold as long as i can before submitting an offer. I know there is no easy way out unfortunately. I have said this many times and i wanna say it again, THANKS to everyone that has been here to help me through this. I will keep everyone updated.
    1 point
  36. Might be worth framing to keep a perma-smile. Thanks you for your input.
    1 point
  37. Nope. Not even close. He moved out of state 10 months prior to the case being filed. His residency determines where they sue not where he defaulted. Had they filed before he moved the OP would be forced to try the case in Cali. Okay, if you are comfortable drafting your own motion do so otherwise hire a consumer lawyer to file a motion to dismiss for lack of jurisdiction. The basis is they filed in the wrong jurisdiction and venue as the Defendant has not resided in California since 11/2020 and therefore the court does not have jurisdiction to hear the case. This forces them to start over in Virginia. You need to presume that you have been served via the electronic delivery. Failure to answer and file this motion means a default judgment and you do not want to try and unravel that.
    1 point
  38. To clarify the questions above — were you living in California at the time of default? Also, what sort of court is this? Citi cases may be handled very differently in small claims courts.
    1 point
  39. When was the suit filed? Did you ever live in California? If so, when did you move officially? Have you gotten a driver's license or car registration in Virginia?
    1 point
  40. They may make that argument. If so, point out you waited over a month after the new attorney took over before filing the MTD. They had ample time to fix the situation, but didn’t. If they say they didn’t know about arbitration, point out they could have read the case file during that month.
    1 point
  41. Whatever the situation is -- the OP needs to get a letter from JAMS saying the case has been closed due to nonpayment by the creditor. Once she has that, she can file an MTD. It doesn't really matter what the new lawyer does. By the time of the hearing, the JAMS case will have been closed for 6 months.
    1 point
  42. In Wisconsin, the statute of limitations on a judgment is 10 years but can be renewed for another 10 yrs That's what they meant by restarting clock.. 806.07  Relief from judgment or order. (1)  On motion and upon such terms as are just, the court, subject to subs. (2) and (3), may relieve a party or legal representative from a judgment, order or stipulation for the following reasons: (a) Mistake, inadvertence, surprise, or excusable neglect; (b) Newly-discovered evidence which entitles a party to a new trial under s. 805.15 (3); (c) Fraud, misrepresentation, or other misconduct of an adverse party; (d) The judgment is void; (e) The judgment has been satisfied, released or discharged; (f) A prior judgment upon which the judgment is based has been reversed or otherwise vacated; (g) It is no longer equitable that the judgment should have prospective application; or (h) Any other reasons justifying relief from the operation of the judgment. (2) The motion shall be made within a reasonable time, and, if based on sub. (1) (a) or (c), not more than one year after the judgment was entered or the order or stipulation was made. A motion based on sub. (1) (b) shall be made within the time provided in s. 805.16. A motion under this section does not affect the finality of a judgment or suspend its operation. This section does not limit the power of a court to entertain an independent action to relieve a party from judgment, order, or proceeding, or to set aside a judgment for fraud on the court. see from attached case: WIS. STAT. § 799.29(1)(c), which generally establishes a twelve-month period within which motions to reopen default small claims judgments must be filed. Kennedy argues her motion was timely filed after the expiration of that period because § 799.29(1)(c) does not apply to void judgments, which may be vacated at any time under WIS. STAT. § 806.07(1)(d). You mention "one paper that does have a signature back from original isn't mine" If above paper was copy of summons service and service was not done via mail and newspaper then you may be able to vacate under WIS. STAT. § 806.07(1)(d). Since the Judgement would be void for fraud (falsely signed) and thus lack of service. I don't know if just vacating the judgement will help with your current house buying as you will still have to defend debt in court. If you get the judgement vacated the mortgage underwriter may look at it as if you still owe that amount. If you want to buy the house you will need to settle the judgement in full and provide proof that it has been settled in full to mortgage company. I don't know what amount we are talking about here. I ideally you can pay quickly from savings or gift from parents. (I don't know if possible to piggy back it (e.g. add settlement to mortgage)) In order to get smallest settlement, call Kohn Law Firm mention your disable and on permanent SS disability and therefore judgement proof. Ask what it will take to settle this judgement. If judgement is void tell them you are filing a motion to vacate. Tell them the signature on service was forged. This should put you in good position to negotiate, they obviously did not buy any of the documents to defend the lawsuit and they are long lost. Also they don't want to be associated with a fraud case. I would think you can have them accept pennies on dollar. Whatever you do don't mention you are buying house, When asked how you found out about judgement just say you were searching court records for possible lawsuit on a debt and it came up on search. DisplayDocument.pdf
    1 point
  43. THIS^^^^^^^^^^^^^^^^^^ He lost the case. That Midland backed down at the thought of appeal doesn't mean he won on the merits and gets costs. Anyone else would be celebrating pushing them to back down and moving on. My prediction is if @HueyPilotpursues this they will come back full force pursuing the entire debt. Sometimes it is better to let sleeping dogs lie.
    1 point
  44. I would not touch that garbage with a 10 foot pole. Most of it is RIDDLED with errors and all it does is tell Midland and their lawyers you can cut and paste nonsense you found on the internet. Use it at your own peril. **Edited to ask: why are you filing another answer? Didn't you do that orally at the pre-trial? If so, then it is way way too late for that now. You should have filed an opposition to their MSJ already.
    1 point
  45. Actually, now is the time to buy. Look at housing prices 10 years ago. The market was for sure over inflated, but only for the times. We're back up there now, but it's been a steady climb the last 6 or 7 years add opposed to the 18 months from 10 years ago.
    1 point
  46. What is your specific question after reading this thread and the others I posted for you. Myself and others can beat Midland with one hand tied behind our back, but we refuse to be your attorney. You have to help yourself. What are your specific questions?
    1 point
  47. Oh is poor little old HonestPersonMI just a tad upset because the gravy train of defaults and consumers being intimidated not what it was a few years ago. You just a little upset because we have the victory thread that shows Midland can't win in court if they are challenged. We so sorry you upset, we did not mean to make you cry loser. I hope you are a Midland rep. Don't try to convince us that you are just a consumer that stumbled on this board and decided to post back to back to back because you are so upset that some consumers beat the junk debt buyer. That will just so your further stupidity if you try that. So sit back, grab a cold one, and watch the party. Or, go back to your cube, your auto dialer, your robo-signing of affidavits, your attorney general lawsuits to quickly settle and your FTC fine payoffs. If you want to go toe to toe with me, you guys have one of my accounts, or allege you do. You want to come at me? Bring it on. I will absolutely mop the floor with your a$$ in court. I'll won't just win, I'll destroy you and it's a 100% guarantee I'll be cashing one of your checks. So you can go cry in the corner, suck your thumb and talk about how unfair it is that consumers are fighting back. Go cry to your AG or the FTC. Oh wait, you can't do that because they are suing you left and right. Go cry to your lawmakers. Oh you can't do that, because you morons target even them and when they tell you that you have the wrong person you still sue them. Nice move on that one idiot. Take your junk debt, your poor me I'm pissed off because these consumers are smarter than me and your "just pay what you owe attitude" and roll it up real nice and shove is so far up your a$$ that you have to reach down your throat to pull it out. And if you want the account number for the account of mine Midland alleges to have, PM and I'll send it to you. I'll also include directions to my house for you to give to the process server. Then I will do what I do best and whip the dog out of you in court. If you can't handle being a debt collector, get another job. Nobody is drafted into the debt collection business. You want to beat us in court, how about having evidence and a desire to fight. Come at us without "we bought a pool of accounts" or "it's not feasible to prove our case because we buy in bulk". In other words come at us with what we come at you with, legal arguments with merit and admissible evidence. You're probably just some mid level manager that got screwed out of their bonus because some debtors fought back and you had to tuck your tail and go coward and drop the law suits. Get used to it, it's what you do coward. So beat it and go slither back under your rock. You're now on our home turf and I'm not going anywhere. Your picking a fight with the wrong people, but bring it if you wish. I'll be here, you can count on that. Send me that PM and take me on, I dare you. It will be the worst business decision of your life. And if you think that is arrogant, your damn right it is. It ain't bragging when you back it up, and try me, I'll back it up. P.S. Welcome to the board, glad to have you.
    1 point
  48. This is problematic for me. You will probably end up with a Motion to Compel by Midland filed against you. Records you can obtain from a third party -- to which YOU are legally entitled must be obtained from that third party and you MUST MAKE A GOOD FAITH EFFORT TO OBTAIN THEM OR DENY THE ORIGINAL CONTRACT EXISTED. ALL THOSE GOOD SANCTIONS YOU WANT TO USE AGAINST MIDLAND ... BE VERY, VERY CAREFUL. THIS IS NOT A GAME. THEY CAN BE TURNED AGAINST YOU. MIDLAND CAN GET ATTORNEYS FEES. THEY ARE ATTORNEYS. If you can write the original creditor and ask for the records ... and show the court you did this but no response ... you will be in good shape. If anyone has a better way to handle this let me know. Of course, if there is an issue with the original account and it was not yours ... or there is accord and satisfaction ... or the Statute of Limitations has run on the Original Debt ... then Object to their Request Production which is probably supported by interrogatories. This is not abusive on their part. They are fully entitled to take this course of action and the judge will probably back them up. At this point you MUST OBJECT TO THEIR DISCOVERY WITH SOME LEGITIMATE OBJECTION OR RESPOND AND PRODUCE. Also, amend your answer to include affirmative defenses as state above. I WOULD LOVE TO HEAR WHAT ANYONE HAS TO SAY ON HOW TO HANDLE THIS LITTLE WRINKLE. Because you are not just required to produce what is in your possession but what is in someone else's possession to which you entitled. THIS IS NOT A WALK IN THE PARK. THIS IS NOT GIN RUMMY. THIS IS COURT. THIS IS REAL AND THESE GUYS CAN TURN THE TABLE ON YOU. A few posts ago you were thinking you could get attorneys fees ... YOU REALLY NEED TO KNOW WHAT YOU ARE DOING HERE. BE VERY CAREFUL IN RESPONDING TO THEIR PLEADINGS. This could be a huge trap for the unwary.
    1 point
  49. Just got out of court. My lawsuit was against Arrow. They did not show. I argued my case to the Judge. I get $2000.00 plus court costs
    1 point
  50. I didn't actually win any money on my case against the Buy Here Pay Here that sued me for a deficiency balance on an auto loan but I did make them turn tail and run. They got SQUAT from me and lost $170 filing fee.. HA HA HA to them!!
    1 point
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