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  1. UPDATE: THE CASE IS BEING DISMISSED WITH PREJUDICE!!!!!!!!!🎉🎉
    4 points
  2. Today, was the trial. It was a very stressful experience trying to defend my case on my own for the first time, especially over Zoom (due to COVID). I did file the Motions in Limine to exclude Plaintiff's evidence beforehand, but the court said that Motions in Limine was only for jury trials, so I was very disappointed. Through the testimony of Plaintiff's custodian of records testifying to receiving them from Plaintiff's assignor, they entered into evidence the monthly statements, charge-off statements, and statements showing the dates of last payment. I've raised objection as hearsa
    4 points
  3. That is going to be small claims here in Clark County. You can settle ANY time prior to a verdict. There is a very small chance that the law firm doesn't bother to read the card agreement and the MTC works. If the motion is denied you can still make a settlement offer prior to trial. You just need to be (and now are) aware of the added complication those here is Las Vegas face with this creditor as compared to someone from Podunk Iowa who isn't living in the same county as their headquarters. As long as you are prepared to eloquently argue why your motion should be granted give i
    3 points
  4. Update! I sent in my Answer and answered Not Enough Information to all Complaints. The Answer form that MN supplies is incredibly easy to use! I added "Lack of subject matter jurisdiction" to affirmative defenses and used @fisthardcheeses language, something like "The underlying contract stipulates an arbitration agreement...". I did not prepare or send an MTC for arb. They sent me an offer letter for $950. I called them and talked to a very nice representative: "Hey I cant verify that this debt is mine but I'm willing to settle for $300 so that neither of us has to deal with arbitration." He
    3 points
  5. I just settled with MRS Associates (CHASE); Total Owed $12,697 on two cc accounts; Their offer letter to me was $2031 for both; I called and basically told them my situation: "not working due to Covid, need to settle 6-8 other creditors, don't have a lot of money, I am calling a few today to see who will work me with me, I only have $1500 to work with right now and I'm hoping we can work something out." I didn't mention the letters, so the rep tried to offer $3000 for just one of the accounts. I just said, there is no way I can do that, I only have $1500. Then she came down to $2000; I
    3 points
  6. Ignore their calls and wait until you are served. Scott & Associates is a JDB attorney in Dallas. Don't ever call a JDB or answer any of their calls or letters. If it is legitimate then you will be served by the court by a constable or most likely through a contracted process server but never by the JDB itself. Decide how you want to handle it if/when you are served. If they do file a lawsuit against you they have no way of knowing when it will be served. I was once served over three months after a JDB attorney filed the lawsuit. Many times people receive solicitations from low gr
    3 points
  7. Not only have my thoughts not changed they are reinforced. I would file a response to their opposition based on @wernda1234post and vehemently opposed to their getting a trial date at this point. I would also look in to laches in that they waited far too long to pursue this. Specifically in response to #6 I would state that while the circumstances are sad they have no bearing on the case or counsel's failure to adhere to court procedure in requesting a continuance for the first delay or for neglecting the case for an entire year after returning from medical leave. As to #8: irreleva
    3 points
  8. You're absolutely fine. Filing on time is the important part. Serving your answer same day by regular mail is perfectly fine, overnight def not necessary. In fact you could have skipped the certified mail, no need for that expense when serving your answer, but cert mail is recommended for just about everything else from this point.
    2 points
  9. I don’t think there’s a possible FDCPA violation due to the following statement in the agreement and the rules of the arbitration forums. ”However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.” AAA Consumer Rules ”(a) The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case.” JAMS Rules
    2 points
  10. The courts here in Vegas are still in a bit of chaos from the scamdemic nonsense. The 2 suits are separate cases even though they were filed by the same Plaintiff and law firm. There is no requirement they serve you with both at the same time. They have to prove ownership at trial not when they file. Few states require the evidence be attached to the complaint when it is filed and Nevada definitely is not one of them. Credit One has a carve out for debt cases in small claims court. Where is the case filed? Arbitration may not be an option and given that Credit One is headq
    2 points
  11. Don’t do anything right now. You are in a game of whack-a-mole. Once a case has been dismissed without prejudice most likely you will never hear from them again. That particular law firm won’t touch it with a 10 ft pole. Most other law firms go for the low hanging fruit and won’t touch it. The second most likely case is another law firm will get the case from Midland before the SOL. If that happens they will usually contact you first. If so, send them a copy of the JAMS paperwork you intend to file along with the history of the case. Send that along with y
    2 points
  12. Nice counter at $400 when they offered $500 and Congrats on the win. Now realize that you need to continue the case path until you have the agreement in writing. You should start to prepare the MTC but don't send it until a reasonable amount of time has passed to receive the settlement paperwork.
    2 points
  13. 2 points
  14. Thanks for the update. This is a victory for you. Feel free to do a victory dance.
    2 points
  15. My court date was this morning. New judge again - older male who had not reviewed anything prior to court, but took his time to before each case. New lawyer again - another older male who had taken the time to review the contract and objections last night. As the judge is reviewing the history and the motions/answers/objections, the lawyer says that he thinks my motion has merits and it should be allowed to go to arbitration. He basically declined to use any of the law firm's objections. The judge reviewed everything and said - it's Velocity's contract, they should hon
    2 points
  16. Good morning, AR Rule of Civil Procedure 41 is pretty clear on this and @Clydesmommakes a great point. They failed to prosecute and the case should be dismissed. Normally, the court will start this process; they did in my case. The plaintiff failed to respond to the court notice, and the court dismissed my case. I would reply back restating the main points of your motion to dismiss. The plaintiff could have filed a motion with the court asking them to extend time due to the reasons (i.e. excuses) they state in the response, but did not do so. (b)Involuntary Dismissal. I
    2 points
  17. If anything, this makes it absolutely MORE imperative you find an attorney ASAP. 1. If you ignore this, you will have a default judgment against you, which is harder to fight. 2. Since they have filed suit and delivered a summons, there is a very clear FDCPA violation. SAVE THE SUMMONS!!!! That will be evidence in your claims against THEM.
    1 point
  18. T One way is to file a claim based on false information as a violation of the FDCPA. That is dangerous, because it could be considered a frivolous claim, or it may not. ( I have no claim for violation of the FDCPA) The other way is for an MTC with a court order for arbitration. In that case, you are simply moving their case against you into arbitration. (that's what I done, the JDB said they will agree to go to arbitration) This attorney Is in house an employee of JDB so he is his own client You need to have the RCP (Rules of Civil Procedure)for your jurisdiction dow
    1 point
  19. 1 point
  20. I don't recall ever seeing an alleged account change hands four times especially one for barely over $1,000. For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the
    1 point
  21. Today I got this default nonsense figured out. I called the clerks office and had to speak with a supervisor. I was told the clerk that allowed the default to be entered should not have allowed it. They are going to get it vacated by a judge and call me back within a week.
    1 point
  22. @TfromT Just for the heck of it, you can check online or call your county court to see if a lawsuit has been filed against you.
    1 point
  23. Assuming the court is not still closed I would type the motion on a piece of paper and take it to the court and file it as normal. If the clerk or anyone else says something about it then tell them there is no option available to do it any other way and you need to get this filed now without any further beating around the bush. If the court is not open to the public then mail it via USPS certified mail and include an extra copy of the motion, a SSAE envelope, and a note asking them to file-stamp the copy and send it back. Also don't forget to send a copy of anything you file with the court t
    1 point
  24. @ticklemore Correct, affidavits #1 - need to conform to the CA penalty of perjury language if they are to be used. #2 - You have a right to cross examine the author of any affidavit, they cannot simply submit an affidavit as evidence without giving you a chance to question the affiant... SO LONG AS YOU OBJECT. CA doesn't allow trials by affidavit, the case to cite would be Elkins v. Superior Court, 41 Cal. 4th 1337 (Cal. 2007) And of course you have the inconsistencies with the notary's name(s). Did you send them a CCP 96 request (demand for list of evidence and witnesse
    1 point
  25. If there is no court order instructing the plaintiff to file, you should probably do it. Otherwise, it won’t be filed, and the plaintiff will try to argue that you are not serious about the process. Let’s see what @BackFromTheDebtsuggests.
    1 point
  26. Pump the brakes on arbitration for a second. You said: Are these business credit cards with a personal guarantee to only personal cards? The reason is if they are business debts then the consumer rules for arbitration will not apply and the costs get split between both of you and it can get really expensive very quickly. Arbitration is NOT the best option typically for business debt. The other major issue is the FDCPA does not apply to business debts. Chances they go lower instead of suing are slim to none. 16% on a five figure debt is as good as it gets. I would grab t
    1 point
  27. Ok great. I was reading all of the agreement and it didnt appear to be the case so I stuck with it. Thank you!
    1 point
  28. Nobody except you can tell if this is a good deal or not. Here is the situation. It appears MRS is a JDB, correct? They probably bought the debt for 5-10% and want to make a quick small profit by settling for 16%. Not bad for you, and 16% is a very, very low settlement offer. OTOH, Chase has an arbitration provision. In general, JDBs don’t follow into arbitration. They might, but that is rare. There is also the possibility that you will get a horrible judge who will deny your MTC if filed. It is possible they will never sue. Don’t count on that.
    1 point
  29. @Xtreme98 To be completely fair, I suppose you have to deduct the 'CLOSED' cases. That still leaves an extremely large number! The reality of it is not different than most JDBs -- they file as many cases as is possible -- counting on 90+% of defendants not answering the complaint and losing by default. The 'easy wins,' the 'low-hanging fruit' where payday happens by her never having to leave the computer. It should be harder. I wonder how much sympathy this attorney has for people she's filed wage garnishments against? Isn't it funny how she sees herself as offering valid re
    1 point
  30. Just because the laws of VA apply does not mean that statement is a forum selection clause requiring a lawsuit to be brought in that state. A “forum selection” clause would specifically require that lawsuits or actions to resolve disputes must be brought in a particular state. Here is an explanation from a TX attorney. https://www.law.com/texaslawyer/2018/04/05/forum-and-venue-a-distinction-with-a-difference-in-texas/?slreturn=20210319135018
    1 point
  31. Believe it or not, if you are not in the top 1% of you class in law school, this is what you get. There are simply too many lawyers coming out of school and not enough need. Plus. add to the fact that most lawyers are not good litigators and you have everyone competing for what are the easy jobs. The only real difference between you and most of the lawyers they are sending you is that in law school, they got to practice courtroom procedure and you did not.
    1 point
  32. That is why I still hang out on this forum almost a decade since my last case. The stuff I learned here, and on the now-defunct Debtor Boards, saved me over $100,000. There is no way in HECK I could ever pay the $100,000+ I saved from the methods I learned here. I think that by this time the advice I have given here and on DB, mostly along with other people, has saved other debtors well over $100k. So I paid it forward, and will continue to pay it forward. Others, such as the wonderful @Brotherskeeper, have given you some more concrete technical advice, inclu
    1 point
  33. That's good advice. Once again, thank you to everyone. I'm going to try to stop stressing about this now that I feel better prepared so I'm not mentally exhausted by the hearing date. I literally could not have done this without the forum members here. I can't thank you guys enough. I hope to be able to pay it forward.
    1 point
  34. The advice I am giving is based on my own mistakes. There were several times I wasn’t willing to accept a win, and I took things further. That worked once, but two other times it completely blew up in my face, and in the aggregate cost me a lot of time and a couple of thousand dollars. The worst part was when another debt came back from near death just as I was spending a lot of time chasing down a case I had already won. I simply didn’t have time for both cases. Since you have the possibility of other cases soon, my advice would be to let them walk away if they are wi
    1 point
  35. Velocity has stepped into the shoes of the creditor which was also the drafter. They agreed to the terms of the cardmember agreement when they bought the account. If they want to insert Utah case law, take a look at this from the UT Supreme Court. “It is well recognized that "[t]he assignee [stands] in the shoes of the assignor.” Sunridge Dev. Corp. v. RB & G Eng'g, Inc., 2010 UT 6, ¶¶ 13, 15, 230 P.3d 1000)(citing John E. Murray, Jr., Corbin on Contracts § 51.1 (rev. ed. 2007)). “Therefore, ‘[t]he assignee is subject to any defenses that would have been good against the [assignor
    1 point
  36. This is what was changed in 2019. TFC 392.007(2)(d) (d) If an action to collect a consumer debt is barred under Subsection (c), the cause of action is not revived by a payment of the consumer debt, an oral or written reaffirmation of the consumer debt, or any other activity on the consumer debt. Here is subsection (c). (c) A debt buyer may not, directly or indirectly, commence an action against or initiate arbitration with a consumer to collect a consumer debt after the expiration of the applicable limitations period provided by Section 16.004, Civil Practice and Remedies C
    1 point
  37. Well, what's normal A delay in filing the service with the court isn't really an issue in Arkansas; the service date "clock" would have started on 10/8/2019. @Clydesmomhas once again provided some great advise for your reply to their response. Go get them!
    1 point
  38. I agree with @Clydesmom. In addition, counsel’s medical leave ended a year ago. No excuse. Also, limitations on travel had no effect on filings by mail with the court. A motion to extend could have been filed by mail or electronically, if allowed.
    1 point
  39. It doesn’t matter if the claims are yours or theirs. Closely study the language in the arbitration provision. What does it say about disputes and types of disputes. Does it say that a dispute about your account cannot be arbitrated? How did the CA ignore your request for validation? For instance, did you send a timely request within 30 days of receiving the 30 day notice? If so, did the CA continue collection efforts after receiving a timely request? How long ago did this occur? See if your courts have made rulings regarding assignees stepping into the shoes of the
    1 point
  40. Well, so far so good. Sometimes it really is that easy You probably worried too much. The big question is, did the judge dismiss with or without prejudice? Without is far more likely, but you need to know that. You also need to know if the court ordered you to file in arbitration. The thing is, if the case was dismissed without prejudice, you are expected to file in arbitration. If you fail to do so. they could file again, and fight your MTC by saying you waived your rights to arbitration. I usually file in JAMS and then contact the other side about a settleme
    1 point
  41. I received a notice from our local magistrate stating that I was being sued by Velocity for a lending club loan that I had gotten in 2015. I started researching across the web on how to handle this and what the statue of limitations was on this loan. I answered the summons and today I had the hearing. I found this forum and would love to say thank you. With information here as a starting point, I began to read the documents that I was served. I read them a few times before but nothing stood out to me. So put them down to clear my head. Last night I picked them up to read again and i
    1 point
  42. Thank You, Thank You, Thank You!😀 This strategy completed worked for me. You saved me $3000! I appreciate all your work.
    1 point
  43. The grammar is a little better but still horrible. This email obviously has issues that show that it is a scam: 1) US District courts do not deal with debt collection cases. That is done at the state level. 2) Even if a case is being started in US District Court, the court that would have jurisdiction would be the district court in your state 3) How do you file a case against a SSN? 4) Why would the SSA care if you owe a debt? 5) Case files are not downloaded, they are filed. Basically, this is a scam and I would toss the email in the circular file. If you want to mess with t
    1 point
  44. I have an upcoming trial in small claims as a defendant, I have beat this law firm 3 times already. I am counter suing for violation of FDCPA 809b. My last trial I counter sued because this law firm will send the dunning letter, (which I promptly reply with a validation letter) and continue to send collection letters WITHOUT sending the verification. Finally they will send verification right before they file the suit, the last case they filed suit and then sent verification. Long story short, the judge doesn't seem to understand FDCPA especially 809b that specifically says the collection mu
    1 point
  45. 1 point
  46. They can file a suit again but she would have a gold plated defense that the SOL is expired and they are time barred from pursuing it. All they can do now is report it to the bitter end and send letters stating "pretty please pay us." If it is reporting correctly then probably not. Did the court just dismiss the case or did they rule she didn't owe it. If it is the latter she could use that to get it removed.
    1 point
  47. (Caveat: This worked when I was employed in banking ~2005, not sure if it still does) I worked for Riggs Bank back in the early 2000's (a regional bank in DC-VA-MD that has since been bought out by a national chain). Like most financial institutions, Riggs issued credit cards to banking customers based on credit scores....however the credit limit was assigned by the cash flow into your bank accounts and was reassessed up or down annually based on increase/decrease in cash flow. Well working in the credit review department, I realized all the bank was looking at was the total amount of dep
    1 point
  48. I recently got a Dismissal without Prejudice filed by Capital One (CO) in North San Diego County. I beat them at their own game by following steps taken by other members on this board - specifically SeaDragon. This was a credit card suit whereby CO claimed I owed roughly $3000. CO hired a local attorney in San Diego - Legal Recovery Law Offices; I believe they handle all CO's lawsuit in SD. The Complaint did not have any contract or other exhibits attached and plead only Breach of Contract and Account Stated. Once I was served with the Complaint, the following defense strategy was used:
    1 point