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  1. 1 point
    Several people seem to get tripped up by this lately. This is just standard verbiage. It doesn't mean anything to your case because they already DID bring the dispute to court and that court has ordered them to arbitrate. This mean that the SECOND I get the final letter from AAA stating that they have closed the case due to Unifund's failure to follow the rules and instructions of the forum, I am filing a Motion for Sanctions with the court where I detail the timeline and include the AAA letter and tell the judge that the Plaintif has refused to follow this court's order to arbitrate and therefore you ask for the court to Sanction the Plaintiff and to dismiss this case with prejudice and for Plaintiff to pay Defendant's costs off $200. In fact, you can work on that Motion now and have it ready to file the same day you get the final AAA letter. That's what I would do.
  2. 1 point
    If a defendant does not raise the SOL as a defense, it is considered waived. As a result, even if the debt is outside the SOL, the court can render a judgment against the defendant, and the judgment can be enforced.
  3. 1 point
    This is why I love this forum. It has helped me tremendously get a better understanding!
  4. 1 point
    Yes. Even if BofA didn't assess "default interest," the JDB has the ability to do so if it's permitted in the loan agreement. Do you know how to use Excel? If you do, I would recommend creating a spreadsheet of your own that will allow you to do your own interest calculations to see if things match up with the interest allowed under the contract. This is the best way for you to really learn the numbers. If you don't have Excel, a pen and paper will work, too. I would also read the loan agreement at least three times from start to finish and highlight things you believe are important to organizing a defense. You need to know and understand your contract and the numbers.
  5. 1 point
    Once AAA closes the case and they try to bring it back to court, file a motion for sanctions against the plaintiff stating that they did not pay the fees as per the contact and as such, you would like a dismissal with prejudice since they are not abiding by the contract and using the private arbitration forum of their own choosing. If the roles were reversed, do you think their lawyers would let you return to court by refusing to pay the arbitration fees? Not a chance and you should not allow them to get away with it either.
  6. 1 point
    I remember back when I was massively in debt, finding, buying and reading a remaindered book about fighting the creditors. The methods did me no good. Then I found CIC. I was able to get rid of over $100k in credit card debt. Granted, some of the methods I used are out of date. Racking up tons of violations, then taking OCs who no longer have arbitration agreements to JAMS and getting a mutual walk away doesn’t work as well as it used to. But in the long run I was able to get through the process getting more in settlements from bad actors than I paid in debt settlement. Not much more, but enough to pay for part of a family trip and get some new appliances. This fellow talks about how he has a degree in language. What does that have to do with anything? Not a lawyer. I have a PhD in another area completely unrelated to law. That and $5 will get you a latte at a Starbucks around the block from the courthouse. Since I have 3 degree, I must be 3 times as smart. Or something. I may be misinterpreting him, but he seems to say he read articles by law professors. Whoop de doo. We read laws and cases here. The collective wisdom of CIC is well over a decade of fighting creditors in a changing environment. It is about what has saved debtors millions of dollars. We are not making a penny off of it. (*) We are here to pay it forwards. To help others the way we were helped. Folks on this site, and on the deceased sister site, have spent countless hours researching laws, fighting debt collectors, and finding out what has worked for others Yes, we have made mistakes. But we learned from them. Many of us have tried the bad strategies and tactics which can be found floating around the internet. We have seen how they work. Not well. What we haven’t done is make money by putting together a compilation of strategies and tactics, good and bad, and sell them to unsuspecting dupes. I am not accusing anyone, but if the shoe fits... This author wants to whine about how people here are picking on him. Well, some of the people here can be really tough. Some do not suffer fools gladly. Perhaps the author would get a better reception if he addressed some of the specific attacks on his work. For example, the author was attacked for saying defendants can win a case by demanding a signed credit card application. I don’t think I signed any applications since the 1990s. If this actually worked, the author should be able to refer us to case law showing where it actually works. As in case law within the past few years. (*). Not making a penny refers to the individual posters, not anyone who advertises on the site or runs the site.
  7. 1 point
    It also helps refine our nascent skills to craft persuasive argument.
  8. 1 point
    To this point, the copy of their verification also must be sent by the debt collector, which has been a sticking point in a recent case where the JDB seemed to rely on the OC sending verification on their behalf. Everyone talks about the non-factor of a DV, but there are still very key elements that must be met and even though it is rare these days, violations over it do occur due to short cuts and over simplifying their automation processes. Nothing much. You still must go through the process to answer the lawsuit and file a motion to compel arbitration. You would just use the fact that they failed to respond to your DV as a counter claim against them in your arbitration case.
  9. 1 point
    I happen to think that this lawyer still somehow thinks that AAA is part of the court process and not a separate private entity and she continues to believe that the papers filed in court are also on the desk of the arbitrator currently.
  10. 1 point
    When was the last time you actually made a charge to the card? If you have a 2012 agreement that does include arbitration and you never USED the card once they updated the agreement to remove arbitration, then you may have a good argument that in fact arbitration does apply. Heck, I still might give it a shot because they would have to show that you actually used the account at a time when there was no arbitration in the agreement in order to counter your argument that arbitration should apply. They may or may not be able to prove that.
  11. 1 point
    A debate is necessary. He should be allowed to defend his claims. That is how we learn.
  12. 1 point
    @Brian Gray With all due respect, your claim that allegedly “hundreds of thousands of people” have read your article does not prove that your article has helped thousands win their cases in court. Would you care to post your article here so that we can read it and have a respectful and honest debate? Respectful debate enables everyone to learn factual information.
  13. 1 point
    Aw, dangit. I missed his post, and I'm in the mood for a throwdown.
  14. 1 point
    Do you have reason to think the contents may be dangerous?
  15. 1 point
    Thanks Mike! I'm in the process of learning. I did find a Request for extension of time form on my courts website that I'm thinking on filing first. If approved would give me additional 28 days to file a motion or pleading.
  16. 1 point
    Woohoo!!! @Brotherskeeper- you are up for sainthood, or some kind of special award!! I can't thank you enough. Your help and assistance was paramount in this outcome. Thank you times infinity!
  17. 1 point
    I hope that I'm not doing the happy dance for nothing.... I showed up at court an hour early. Sat in my car and read the forums here until 30 minutes before my court time. Walked in, figured out where I was supposed to be and went and sat in the empty courtroom. I was working on paperwork for my job and a man approached me and asked if I was BitsyM. I replied "yes". He asked if we could speak in one of the meeting rooms. He told me that he was not the Plaintiff, but the Plaintiff had sent them on their behalf. He had a settlement to "dismiss with prejudice". No money. No future litigation. Just "dismissal with prejudice". I knew that was ultimately what I desired, second choice was arbitration. 10 minutes later, it was signed by the judge and I was on my way. Hopefully, I wasn't mixed up about what I wanted. Attached is what I signed. Please confirm that my happy dance can ensue.
  18. 1 point
    Arbitration may be an excellent option for you. Are you able to log into your account at lendingclub.com? If so, you can access your loan documents to find out what the arbitration provision is for your particular loan. (Save a copy of the loan agreements to your hard drive so they're easy to refer to.) You can also do an email search to see if any documents were emailed to you at the time the loan was initiated. The moment one of your payments is late, the attorneys could file the judgment paperwork against you. Keep this in mind if you agree to a payment arrangement with them.
  19. 1 point
    There is no logic. Some do research the odds on collecting before suing others do not care one bit and sue everyone regardless. Even if they know you are unemployed or on disability they have a last hope that you will want or NEED credit in the future and have to deal with them. In Ohio judgments are good for 20 years and renewable so it could follow you for the rest of your life and collect interest annually at 10% on the amount awarded. That adds up to a tidy sum and if you are trying to buy a house or refinance you have to deal with the judgment first regardless of SSI etc. There are a few JDBs that have hardship programs that you can apply for. I would find out if Crown is one of them. To be approved you will have to provide proof of your only income being SSI and being disabled. If they do have a program and you give the required information they will drop the suit and cease collections. Again, not all do this and it is not required by law. PRA for one will not budge and sues everyone. They do not care if they ever collect.
  20. 1 point
    This isn't a credit card. Velocity is the JDB that gets all the defaulted Lending Club loans. There is no card agreement the loan documents the OP signed will determine if arbitration is an option.
  21. 1 point
    You always need to file a general denial immediately upon being sued to keep from getting a default judgment slapped on you. Next you need to decide if you want to fight it in court or use arbitration to get it dismissed. If you want to fight it then since it is in a JP court you need to get the court's approval to begin discovery. If you want to use arbitration then look through posts from @fisthardcheese to learn how to go about it.
  22. 1 point
    Great work! And thank you for wanting to join the military and serve your country. I wish you well.
  23. 1 point
    This arbitration clause was taken from a loan I had with Lending Club. Couchboss needs to obtain a copy of the agreement for their own account to verify the terms of the arbitration agreement. I looked through the list of JAMS consumer arbitration cases and found two for Velocity Investments LLC. Both were settled in 2017. The consumer in both cases was represented by an attorney. One claim was for $4,400 and the other didn't specify. There were no consumer arbitration cases involving Velocity Investments with AAA.
  24. 1 point
    Nice how the Judge just let them do an end-run around your granted MTC in direct opposition to the court rules. But at least you got a dismissal, so that's a great thing.
  25. 1 point
    Here's what's in my agreement: 13. Assignment; Registration of Note Owners, Termination. We may assign this Agreement and the Loan Agreement and Promissory Note, or any of our rights under this Agreement or the Loan Agreement and Promissory Note, in whole or in part at any time. You further understand, acknowledge and agree that LendingClub or another third party may further sell, assign or transfer your Loan Agreement and Promissory Note and all associated documents and information related to the and the Loan Agreement and Promissory Note without your consent or notice to you (subject to the registration requirement below). You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under this Agreement to another person without our prior written consent. Any such assignment, transfer, sublicense or delegation in violation of this section 13 shall be null and void.
  26. 1 point
    You read the arbitration provision. Read the rest of the agreement and look for the term “assign” and/or “assignment”.
  27. 1 point
    I once talked to the leading consumer lawyer in my state. He learned about the arbitration strategy from people on CIC. That lawyer was skeptical at first, but now recommends the strategy for some of his clients.
  28. 1 point
    Just FYI, most lawyers will say things like "why on earth would you want to take this to arbitration???" because they don't understand the concept of forcing a dismissal due to the arbitration fees for PRA being more than the debt is worth. So just be prepared for them to try to talk you out of it.
  29. 1 point
    They aren't going to sue you again. If that's your only reason for wanting a WP dismissal, it would be a waste of energy.
  30. 1 point
    You're plenty 'sharp' - that's not the problem. You're a "thinker", is the problem. Ask me how i know. 😁
  31. 1 point
    You either A.) have to pay the CRA to get a credit report that has a file number; B.) get denied credit and make a request under FCRA for adverse action; or C.) get your free annual report from the link I gave.
  32. 1 point
    Start by reading this pinned thread by clicking on the link below. There is a template for the motion to compel arbitration in it that posters modify to include their specifics.
  33. 1 point
    Background I was laid-off in 2016 and am now a full-time student receiving assistance from a few sources - I am on track to earning my bachelors in IT/Security this year (after 1 1/2 years of study). In late 2016, my mother attempted suicide (due to prior abuse from her now ex-husband - stepfathers suck) which had brought a heavy burden upon my family and I. Nothing is more terrifying than having to drive from Atlanta to Alpharetta...not knowing whether your mom is dead or alive. Unfortunately, this combination of events has led me to largely ignore my financial situation and place me where I am today. Currently, I have close to $7,000 of debt supposedly purchased between 3 junk-debt buyers. Do I regret some of the decisions I made regarding my financial situation? I do. This lawsuit has opened my eyes as to the importance of resolving this situation. It's my hope that this community would be willing to assist me through this process. So, to anyone responding to this thread (and the many more I plan to make) - let me go ahead and state that I am greatly thankful for your time and input. Questionnaire 1. Who is the named plaintiff in the suit? MIDLAND (Blood-Sucking) FUNDING LLC DBA SYNCHRONY BANK 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? ~$2200 4. Who is the original creditor? SYNCHRONY BANK (Amazon Store Card) 5. How do you know you are being sued? The non-stop flood of lawyer advertisements 6. How were you served? Someone dropped it off in person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No correspondence - I logged into Midland's website to view amounts they were trying to collect after I was made aware of the lawsuit. 9. What state and county do you live in? Georgia Cobb County 10. When is the last time you paid on this account? 05/2016 11. When did you open the account? 2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit Served 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? 30 days 17. What evidence did they send with the summons? Exhibit A: Statement 12/21/2016 Exhibit B: Statement 1/22/2016 Exhibit C: Bill of Sale from OC, Affidavit of Sale from OC, Blanked Certificate of Conformity for Notary Exhibit D: Electronic Field data Exhibit E: Affadavit from Midland's Legal Specialist SCAN: complaint-clean.pdf It's essentially the same as this user: Goals 1. Dismissal with prejudice 2. A clear understanding of the process for potential litigation in the future. My Questions 1. What do you recommend I should be doing now? Will it be possible to visit the court and obtain the complaint and relevant information before being served? I am currently awaiting to be served - I will update with the necessary information as soon as I obtain it. Ideally, I'd like to start this process and get a court date ASAP to get this behind me. 2. I am planning on going to court prior to my hearing. Anything in particular I should look out for? I am looking through active cases in my county similar to my lawsuit...taking note of the court date and judge. I am planning on spending an entire day in court prior to my case to take note of practices/procedures within the courtroom - as well as any quirks the judge may have. 3. Is arbitration a better option for me? Which CC agreement should I use? From reading other threads on this forum; the most potent Midland Repellent™ is sending the case into arbitration per the cardholder agreement. My plan is to request this go into arbitration through JAMS. I have attached 2 cardholder agreements (from CFPB) - one pertaining to when I opened the card and the other for when the account was in last good standing. Ideally, it'll probably be best to use the agreement G&C provides (should they) - so they cannot argue the legitimacy should I provide one myself. If they don't, which agreement is recommended? creditcardagreement_opening.pdf creditcardagreement_goodstanding.pdf 4. When do I MTC Arbitration? I suppose this question relates to my lack of understanding the procedure in depth (more on that below). It is my understanding that I will write up a document stating I wish to arbitrate my case, print 3 of them out, and provide them to the judge/lawyer. At which point should I provide this? Should it be the first words that come out of my mouth - when I submit my answer? 5. Any "What Can Go Wrong" horror stories relating to choosing the route of arbitration? This will help me make a more informed decision about where I wish to take this case. 6. Any literature/resources you recommend? I have a narrow view of the entire process in regards to procedure and process. I understand that though I'm representing myself; I will still be held-up to the same standards as a lawyer. Therefore, I'm well aware of the time and resources I will need to put into this to see this case end in my favor. If anyone has any resources/literature covering the magistrate courts in GA - it would be greatly appreciated! So far, my understanding probably represents what's in these videos: https://georgiamagistratecouncil.com/video-home/ ------- Thank you all for your time and consideration. I'm really glad a place like this exists and I look forward to participating in this community in the future!
  34. 1 point
    @BV80 @jmay I ignore any "small claims exceptions" in the agreements. They are all ambiguous plus this is magistrate with rent-a-lawyers on the other side who don't read the agreements anyway. Here are recent GA Magistrate cases with a Citi agreement where pushing arb resulted in a win:
  35. 1 point
    A Motion to Compel Private Arbitratoin would look something like this: MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant. 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted this day ________________, 2014 (Your name typed), Defendant, pro se
  36. 1 point
    As @BV80 said the SOL in GA is 6 years. They are well within it to sue. You should fight this. Gwinnett is run by actual lawyers and Judges who do not take kindly to spurious documentation to pursue a debt case. Magistrate Court does not allow discovery so you do not need to worry about that. Simply check off on the form you deny their allegation and wish to defend then get it to the clerk. The court will set a trial in the next 30 days. Type up a motion to compel arbitration and a motion to dismiss with prejudice. I would even mail a copy of the MTC arbitration to the lawyers listed and a letter CMRR stating that you are electing arbitration per the terms of the agreement that governs the account in question. That may cause them to fold before trial. On the day of trial the Magistrate will send you to the hallway to negotiate with the rent-a-lawyer that gets the case. Your only move is to steadfastly refuse to discuss any payment or admit to ANYTHING. You simply keep stating that you want arbitration per the terms of the card agreement the Plaintiff alleges applies to the account in question or a dismissal if they don't wish to arbitrate. If they haven't dismissed prior to the trial date they most likely will at that point or shortly after.
  37. 1 point
    @HockeyFan like @debtzapper mentioned earlier, read up on some recent threads like this @NormInGeorgia one to get up to speed on the evidence rule changes. http://www.creditinfocenter.com/community/topic/319863-i-got-destroyed-by-the-new-georgia-evidence-rules-did-anyone-else/ http://www.creditinfocenter.com/community/topic/324372-how-i-lost-against-midland-funding-in-georgia-and-then-won/ I'd study the GA evidence rules. If their affidavit is not describing any specific records reviewed, that would be a flaw in it. Does it meet 803 6 and 902 11/12? http://ga.elaws.us/law/24 Not being from Georgia or familiar with debt cases there, I'm not seeing what the big shocker is exactly with the rule change from a few years back. The business records exception pretty much matches many other states evidence rules from what I can see. I guess one change is integrated records admission but I'm not seeing how a JDB could meet all of these, especially item 3- The basic requirements for the admission of integrated records are 1) a business relationship between the business that initially made the record and the one who received it, 2) the recipient business routinely relies upon the accuracy of the record andintegrates it into its own files, 3) the recipient business has a witness who is sufficiently familiar with how the originating business routinely prepares the record to lay foundation under the business record exception, and 4) circumstances support the trustworthiness of the record.
  38. 1 point
    @HockeyFan some helpful atty written blog posts here if you haven't ran across them yet. http://georgiacreditlawsuits.com/about-the-georgia-credit-lawsuits-blog/magistrate-court-trial-guide-contested-hearings-credit-card-lawsuits/ http://georgiacreditlawsuits.com/the-burden-of-proof-in-a-georgia-credit-card-lawsuit/
  39. 1 point
    You may find the info here to be useful. This is dated before the new GA Rules of Evidence change. Still, it should give you some guidance. This is from a post by ASTMedic: Jill Sheridan fought and won a similar credit card law suit in Gwinnet, Georgia against Midland Funding. She has posted tons of documents she used for her win on the following link: http://www.scribd.co...winnett-Georgia Yours being a Georgia case, and virtually the same lawsuit, these templates should be extremely helpful for case law, procedures, and how to generate the correct forms and responses. You can also do a Google search for, Midland Funding vs Jill Sheridan and obtain more specific information from various other links.
  40. 1 point
    I keep repeating myself a lot on this so I'm making this sticky to explain why you should NEVER use the on-line dispute system for tradelines. You can use it for correcting addresses and personal information but that's about it. Besides the obvious problem that you have NO PROOF of your dispute that you can take to court as prima facie evidence to establish your case, there are other issues that come up. When the FCRA was amended by the FACT Act, they put in a section for "Expidited Dispute Resolution" (Section 611a(8)) aka the on-line dispute system. If you read that part you will notice this sentance: "the agency shall not be required to comply with paragraphs (2), (6), and (7) with respect to that dispute" if they delete the tradeline within 3 days. Paragraph 2 is the part that requires the CRA to forward your dispute and all related documentation you provide to the furnisher. Paragraph 6 is the part that requires the CRA to provide you with written results of the investigation. Paragraph 7 is the part that requires the CRA to provide you with the method of verification on request from the consumer. Now where this is a problem is that the law isn't specific enough to say permanently delete or supress. The CRA can "soft delete" it for 30 days and then the tradeline can reappear when the furnisher reports it again in the next 30 day cycle (Because the CRA isn't required to tell the furnisher you disputed it at all). So this leaves a mechanism in place where the consumer thinks they are getting a delete, but it is only temporary. Since the furnisher doesn't know it was deleted, they can re-report it and the CRA will happily put it right back on your report...and there is nothing in the law to stop it.* Further, you loose your rights to request MoV and loose the hard-copy of the investigation results you would otherwise get if you did the dispute by mail; Leaving all evidence of the dispute tightly locked in the CRA's hands...where you are essentially assured that they will fight any and all attempts to subpeona it in a court action. *The 5 day notice letter for reinsertion is only if the CRA puts the item back on your report as a result of an investigation taking longer than 45 days to complete. The CRA does not have to give you a 5 day notice of reinsert if they complete their "expedited investigation," delete the tradeline, and the furnisher re-reports it later.