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Showing content with the highest reputation since 06/30/2020 in all areas

  1. 2 points
    Okay everyone, First of all Happy 4th of July! Just to follow up, We were scheduled for a case management conference on 6/29/20. On the 25th We were notified that they have asked for dismissal of the lawsuit. A win! yesss!! But I believe I need to now ask for dismissal with prejudice correct? Because they asked for dismissal without prejudice. If that is the case can anyone point me in the direction of how to go about getting a dismissal with prejudice? Thanks again!!!
  2. 2 points
    Rausch, Sturm, Israel, Enerson & Hornik is historically the laziest law firm in Texas. In the vast majority of cases they completely stop doing anything upon receipt of discovery. It is highly unlikely that it will ever get to the point of an actual trial. They do not need to enclose any "evidence" when they file the law suit. It is good that you filed your general denial but don't just sit and wait for something to come to you. You need to decide if you want to fight them in court or go through arbitration and immediately get the upper hand and get things rolling.
  3. 2 points
    Technically, IMO, if the defendant files a motion to dismiss and the plaintiff fails to respond, which was the case here, the motion should have been granted. But you got a stay, which is a victory. File the arb with JAMS.
  4. 2 points
    My rule is whenever I hear from a collection agency, I send a DV letter. Always. Especially since there is already a suit.
  5. 2 points
    You can want something all you want, that does not mean it is not going to happen. The way I see it, the lawyer is correct. The only 3 options you have are to let them garnish your paycheck, try to settle the debt, or declare bankruptcy. You are not going to get this vacated because this is a proper judgement which has not reached the statute of limitations for judgements. Here is why I think the lawyer is correct: You were properly served You went to court and presented your case and the judge found against you or you signed a consent judgement as a settlement. Either way, you lost and a judgement was issued against you. If the original debt SOL had passed, you should have brought that up in 2007, not now. You usually have 30 days to appeal a ruling against you. You did not do that. The SOL for a judgement in Florida is 20 years so that has not passed yet. I see nothing wrong with the judgement or the manner in which it was issued. If you try to get it vacated, the judge is going to laugh at you so don't waste your time. If this is not what you want to hear, then you are in the wrong place because we will tell it like it is without any nonsense and in this case, you cannot do anything at this point except pay the debt, including the 13 years of interest which I sure has been added. The debt collector does not have to offer a favorable settlement to you because they hold most of the cards and you really have no leverage here.
  6. 1 point
    Start your own thread for better help and include who the original credit card was with - what bank - and what year did you first default on the account. You can also read the link in my signature below for further info on where to start.
  7. 1 point
    If I got a letter from a new collector on a debt already involved in a pending lawsuit, I'd already be browsing online for what to spend my $1000 on LOL
  8. 1 point
  9. 1 point
    SCAM!! DO NOT call and DO NOT PAY! Here are the RED flags: I'm calling to from the county processing unit No such unit exists in any state. It is sitting here with a potential judgement NO! Unless you have been sued and lost there is no such thing as a "potential judgment" A mandatory 24 hour hold was placed on the documentation per state law just to give time and opportunity for you to reach out to the filing party directly to obtain detailed information or to try and resolve matter voluntarily before further action is taken. There is no state law in TX that requires they wait 24 hours before acting on a valid judgment. If it is not taken care of voluntarily before the hold expires it will be filed and dispatched with a local courier to your place of employment and your home address at (my address) Ah the old threat to go to your employer. This is to scare you into paying. Especially entertaining when the call recipient happens to be self or unemployed. Again Keller and Phillips is that filing party Google Keller Williams. They are a Real Estate company LMAO. Do warn friends, family and employer that you have been targeted by a scammer and that you do not owe any money. You don't want them to panic and pay thinking they are helping you.
  10. 1 point
    @MikeS This Ohio thread has a lot of useful information and links to other Ohio threads, including @MikeB35 cases.
  11. 1 point
    Ok. I'm going to try to file a response. I just assumed because the Trial Court rule on the Motion to Correct Error only states a timeline for the initial reply, but nothing for an additional reply, that I couldn't reply, but I'll get one started. In their response, they even added a copy of the credit card agreement that I included with my MTC, so obviously they are not disputing that it's the correct agreement. And according to 34-57-2-3(a), when a party refuses to arbitration(clearly they are), the court must compel arbitration. So clearly I can't do anything until the court tells me that I can.
  12. 1 point
    So, I filed my Motion to Correct Error, basically citing the above referenced statute and stating that all proceedings should have been stayed until the court either denied or compelled arbitration. The plaintiff responded and stated that the case was stayed due to my MTC, and that I did not properly invoke arbitration. They stated I failed to contact an arbitration firm and that my inaction does not indefinitely stay the case. How do the courts look at this? I feel like it would have been unwise of me to start the Arbitration process without an order from the court compelling arbitration. I could have spent the $250 initial fee for arbitration, and the court then subsequently denies the motion, and I'm out of that cost. Maybe I'm wrong in this? I don't believe I can reply to their opposition of my Motion to Correct Error.
  13. 1 point
    After conducting some more research, I believe my best option for my next step is not filing a notice of appeal, but filing a motion to correct error with the trial court. In this motion I will cite 34-57-2-3(d) stating that upon my application for an order on arbitration, any proceedings should have been stayed. It appears this is the best practice to use before appealing, as all appellate cases I've read, the appellant has filed a motion to correct errors prior to appealing. This will also extend my deadline for appeal by another 30 days from when I file. If my motion to correct errors is denied, then I will have another final order that can be included in the appeal.
  14. 1 point
    Thank you for this! I will file my Notice of Appeal on friday. After that its a waiting game. Once the clerk of my court gets everything to the clerk of the court of appeals, I'll have 30 days to file my brief. That will be the next big step. I'll keep this updated. Thanks for your help.
  15. 1 point
    @fisthardcheese @Harry Seaward @BV80 @Brotherskeeper @Pericles @Norfolk&Wayman @Goody_Ouchless Just got a email from Midland's attorney agreeing to the settlement offer @fisthardcheese told me to use. DISMISSED WITH PREJUDICE!!!!! I will celebrate more when it's in writing and in my hands. I will post a picture of it when I get it. THANKS to everyone on this forum for the help. Couldn't of done this with out you.