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Showing content with the highest reputation since 05/02/2020 in all areas

  1. 4 points
    Bench trial held in February 2020. Sued by PRA to collect $8107.11 for a CapOne Cc. Just received the judgement, case dismissed with prejudice. Such an amazing feeling it is to learn the law, apply new complex knowledge and defeat PRA. Absolutely could not have done this without the advise, information and experiences found here. Especially thankful to BV80 for suggesting specific Idaho Supreme Court case law. It was a hard confusing battle...it wasn't until I beat their summary judgment that I began to actually understand what I was doing. Object object object because...in the end the court ruled evidence offered by Portfolio Recovery was inadmissible hearsay and lacked foundation. I think what really sealed the deal was "The billing statements offered in Exhibit 1 lack foundation and are inadmissible under the business records exception". Turns out that even with 902 (11) you cannot upload someone else's business and call them your own. At least in Idaho. Big 'ol hug to Bv80 and Harry Seward for donating your personal time here, answering my questions and pointing me to the right direction. I will certainly Pay it forward. My husband was wrong, big bad attorney's don't always win.
  2. 2 points
    No. Not under the consumer rules of the arb forums. That's what makes arb such a powerful tactic. And as for court rules, check for local rules of court too. They should be posted on your local court's website.
  3. 2 points
    The attorneys are incorrect. A dismissal with prejudice does not invalidate an arbitration provision or an order to arbitrate. PRA’s voluntary dismissal with prejudice may prevent them from filing another lawsuit on the merits of the debt, BUT it does not prevent arbitration. It just means the court can’t hear their claims on the merits. In addition, it does NOT prevent them from filing with the same court to confirm an arbitration award, Since the Federal Arbitration Act is federal last and governs the agreement, here is federal case law. The FAA directs the Court to stay an action pending arbitration; however, the Court's ability to dismiss a case is not limited when all issues raised in the complaint are arbitrable. See, e.g., Choice Hotels Int'l, Inc. v. BSR Tropicana Resort, Inc., 252 F.3d 707, 709-10 (4th Cir. 2001) (concluding "dismissal is a proper remedy when all of the issues presented in a lawsuit are arbitrable") (citation omitted); Green v. Ameritech Corp., 200 F.3d 967, 973 (6th Cir. 2000); Alford v. Dean Witter Reynolds, Inc., 975 F.2d 1161, 1164 (5th Cir. 1992) ("The weight of authority clearly supports dismissal of the case when all of the issues raised in the district court must be submitted to arbitration."). In the Ninth Circuit, courts have discretion under Section 3 to either stay or dismiss claims that are subject to an arbitration agreement. See Sparling v. Hoffman Constr. Co.,864 F.2d 635, 638 (9th Cir. 1988). Referring to the Supreme Court of the United States: In Green Tree, the district court had ordered the parties to arbitrate their dispute and dismissed the underlying claims with prejudice. The Supreme Court acknowledged that the parties could bring a separate proceeding to confirm, vacate or modify any award made in the arbitration, but held that the district court's order was final and appealable because it disposed of the entire action then pending before the district court. See Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79, 86, 121 S.Ct. 513, 148 L.Ed.2d 373 (2000).
  4. 2 points
    CASE DISMISSED. YOU PEOPLE ARE GODSENT. THANKS EVERYONE BUT SPECIFICALLY @fisthardcheese AND @Harry Seaward. Felt soooo good knowing those lawyers that were laughing in my face from the director of the firm to the rent a lawyer had to eat their words....
  5. 2 points
    Thank you @Clydesmom, @WhoCares1000, @BackFromTheDebt, @Harry Seaward for your replies.
  6. 2 points
    All I know is that the Government got everyone to go along with shutting everything down by saying we must "flatten the curve" and prevent overwhelming the health system. Yet, after a couple weeks of declining numbers now, governments are extending or worsening all of the martial law. Add to that, the measures taken by businesses and governments are illogical and make spreading a disease even worse, like shortening grocery store hours so that now everyone must cram into the store at the same time during the shorter day rather than expanding hours and having a sign up for a 30 minute slot during the day where you can come in with a limited number of other people to shop. Instead, everything is being done in a backwards manor fluffed up with keywords like "heroes" and "do your part" and "in this together" as you march in lock step to your demise (financial or otherwise).
  7. 1 point
    @BackFromTheDebtVirginia does not allow lawyers to represent litigants in small claims, so this case is not in small claims division, although the debt amount is within the small claims limit. "The small claims court is a special division of the general district court. The small claims court has jurisdiction (the authority to hear and decide a particular type of case) over civil cases in which the plaintiff is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000. In trials before the small claims court, the judge conducts the trial in an informal manner. Parties may not be represented by attorneys. . . ."
  8. 1 point
    Which is kind of what happened in the Unifund case in Indiana. Two cases got mixed up and mistakenly mingled, but in the end the arbiter basically concluded that the two cases were about CC debt disputes between the same two parties, so he just ruled on everything, essentially using common sense.
  9. 1 point
    I would have never sent that meaningless "election" of arbitration letter. You are only giving them more reason to rush a lawsuit into small claims. Once they respond to your verification letter, NO further contact is always best unless it is through court or arbitration. If this were me, I would be filing a claim with JAMS today. Citi and Credit One are the ONLY card agreements I suggest doing this with due to to their small claims language. You will have to pay the $250 filing fee to JAMS, but if you can't pay it now when you file the claim, send the claim anyway and JAMS will ask for it in a couple weeks if you need to buy time. $250 will be the only required fee from you and there is no need to ask or talk about fees with anyone else. JAMS will take care of billing the proper party (the JDB). They are likely to still try to sue you. Court is generally inevitable. Don't be afraid of it, just deal with it from a place of knowledge and leverage - which you are already getting a good start on by learning here.
  10. 1 point
    I didn’t see the other persons question on my thread. Sorry, and yes, it is very confusing!
  11. 1 point
    This is pretty strong evidence against any claim based on any of the four (mistake, inadvertence, surprise, or excusable neglect). I'd like to think that your chances are good, but Arizona (JP).
  12. 1 point
  13. 1 point
  14. 1 point
    Very nice, although the OP said it was a motion for a default judgment. Basically they are claiming you never replied to the summons properly. That is not true. Take all the quoted advice, and write it up as an Objection to the Motion for Default Judgment. I once had a plaintiff file a bogus motion for default judgment against me. I had followed all the procedures correctly. The judge had a hearing, I explained what I had done, and the judge ruled against them. So don’t be scared.
  15. 1 point
    After 8 months, I finally won! Three months ago after I filed the abitration defense in my answers, the attorney called me at the end of April and offered to close this out with a stipulation to dismiss with prejudice and without hearing! Events Event Type Sub Type Result Result Date Affidavit of Service Private Process Filed 10/21/2019 Answer Civil Complaint Filed by Defendant 10/30/2019 Notice Comprehensive Pre Trial Conf Hearing Mailed 10/31/2019 Disclosure Statement Notice of Service Re 26.1 Disclosure Filed by Plaintiff 11/15/2019 Motion Appear Telephonically Filed by Plaintiff 11/15/2019 Order Appear Telephonically Granted 11/18/2019 Motion Summary Judgment Filed by Plaintiff 12/2/2019 Motion Dismiss Filed by Defendant 12/11/2019 Pre-Trial Conference Report Filed 12/11/2019 Response To Motion Filed by Plaintiff 12/20/2019 Motion Compel Filed by Defendant 12/31/2019 Response To Motion Filed by Defendant 12/31/2019 Reply To Response Filed by Plaintiff 1/28/2020 Response To Motion Filed by Plaintiff 1/28/2020 Ruling on Motion Compel Trial Set 2/14/2020 Ruling on Motion Dismiss Denied 2/18/2020 Ruling on Motion Summary Judgment Trial Set 2/18/2020 Notice Court Date Mailed 2/20/2020 Notice Trial Date Mailed 2/20/2020 Motion Appear Telephonically Filed by Plaintiff 2/28/2020 Order Appear Telephonically Issued/Ordered 3/4/2020 Telephone Call Completed 4/16/2020 Stipulation Dismiss With Prejudice Filed by Plaintiff 4/30/2020 Order Dismissal With Prejudice Issued/Ordered 5/4/2020 Judgments There are no judgments on file
  16. 1 point
  17. 1 point
    It isn't just healthcare. The problem is that we have two generations raised with rubber mulch on playgrounds made of round plastic edges, bicycle helmets, car seats, and safety safety safety. They have been conditioned to believe that if you just do enough nothing bad will ever happen. They sue because "what happened to me shouldn't happen to anyone else" never mind that winning your lawsuit doesn't mean no one else will ever be bit by a dog. They have been scared into submission since birth. Don't eat that you will get sick. Don't touch anything you might get sick. Don't breathe near a door you might get sick. I was trained by a combat medic who survived Vietnam. He trained us on how to survive in the worst circumstances when you might not know when or if you would ever get more supplies to treat people. The health care workers on videos whining and crying they don't have enough PPE are snowflakes. Is it ideal to have to wear you one mask for a whole shift? NO it isn't but if it means that 5 of your patients do not die because you take care of them then you do it. The entire globe has a shortage right now fighting this virus why is YOUR situation more important than any other health care provider? It isn't. Unfortunately they have been raised to believe they are "special" and deserve to have all their wants and needs catered to without question. It is true on any given day we could be exposed to HIV, Hep A/B/C, MRSA, Covid-19 or any number of contagious and potentially deadly things. NO employer can guarantee your safety without fail that nothing bad will ever happen to you on the job. The Subway worker could cut a finger on the slicer or knife. The janitor could slip mopping the floor. The nurse could be exposed to Covid-19. EVERY job on this planet has risks. You do what you can to minimize them but there is NEVER a guarantee. The snowflakes will argue: the Subway worker shouldn't have to cut sandwiches, The janitor should be given special safety shoes and a dry mop. The nurse should have all her own endless supply of PPE even if her co-workers suffer for it. It just doesn't work that way. We are already seeing the fall out with the snowflakes now demanding that restaurants not open unless workers have the "necessary PPE" or we should not have to come back. The only change I openly endorse is turning casinos non-smoking. There are multiple benefits in that change. We will never return to what we had before because the media and the government has both fueled and supported the fear and anxiety. That combined with a spoiled entitled public and it is a recipe for disaster.
  18. 1 point
    Let them run up their arb costs and then BK - they deserve to be taught a lesson on this one.
  19. 1 point
    They are required to contact PRA. If it comes back verified, you've got a little bit of a payday coming your way. I'd give it a couple weeks following dismissal before disputing with the CRAs just to eliminate any sort of "bona fide error" defense.
  20. 1 point
    Thought I’d give an update. I followed the advice from @fisthardcheese and PRA attorney emailed me stating they would agree to dismiss with prejudice for Dismissal of the arbitration case. They should send the agreement over today!thanks everyone.
  21. 1 point
    ...or he knows they have no intention of following further and is trying to scare the OP be making arb look "really expensive." Basically throwing everything at the wall because he knows none of this is getting arbitrated, regardless.
  22. 1 point
    As I told you in a private message, the fact that you have twice solicited other members to send you their personal information causes us concern about your intentions. You indicated you could help people by accessing their public records, to which I suggested that, instead of asking people to trust you with their personal info, you can simply post in the forum how they can access the information for themselves.