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  1. 5 points
    @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.
  2. 3 points
    Quit whining. Many of us are open to thinking outside the box. The arbitration strategy was considered lunacy when it was first proposed. There were some nasty battles fought here. Thing is, those of us advocating the arbitration strategy had numerous victories over our creditors. We didn’t whine about people not believing us. We beat the creditors and eventually others came around. One difference is the arbitration strategy was based on facts and laws and actual cases. Cases that could be verified online. Some of us tried aspects of the arbitration strategy that worked, and others that did not work That is how the strategy was refined If you want to win an argument, try it in court and either win and show us your victories or lose and take your lumps.
  3. 3 points
  4. 3 points
    Let it go? What else would you do? When JAMS bills the full filing fee to the other side, there is nothing to "let go" of - or do at all. I'm confused as to what you think this is? Not that odd, actually. I said be patient, and it turned out to be textbook.
  5. 2 points
    Dont even mess with AAA stuff until you go to court and your MTC is granted. You will just confuse yourself, add unnecessary work all at once and potentially create extra steps for no reason. Court stuff FIRST, then arbitrate only after the judge orders it.
  6. 2 points
    The ONLY affirmative defense I would use if it was me is "Lack of Subject Matter Jurisdiction: The underlying contract which is the basis of Plaintiff's allegations contains a private arbitration clause which the Defendant has chosen to exercise. Therefore, this Court is the improper venue and lacks subject matter jurisdiction over this dispute." When you file your answer, ask the clerk about a fee waiver, if in fact there are fees that high (or at all).
  7. 2 points
    Did the Plaintiff file a written opposition to your MTC?
  8. 2 points
    Sounds like you have all the answers. Let us know in a couple months how that judgment tastes.
  9. 2 points
    This feels fantastic, doesn't it? Congrats to you!! (I confess their payment of the fee scared me more than a little into thinking you might just be made an example of to discourage this strategy.)
  10. 2 points
    Great work!! Congrats on following through and not letting them paying the initial fee scare you into folding too early. Text book arbitration use.
  11. 2 points
    There is a huge difference between creative and asinine. Guess which yours is? If there was a "creative" option it would have already been suggested. You don't want help with this lawsuit you want to be told what you want to hear and as @BV80 stated you came to the wrong site for that.
  12. 2 points
    Look into the arbitration strategy:
  13. 2 points
    OK - that didn't make any sense. Can we refer to each case as something like AAA3K, COURT3K, AAA22K and COURT22K? My understanding is that AAA3K is currently open an active, COURT3K doesn't exist, COURT22K is open and active with an MTC for AAA22K that was never paid and was subsequently closed.
  14. 2 points
    I never bother. No one wants to accept defeat with a list of chores. IMO you are just making it more likely to prolong the settlement process or get a rejection right off the top. Aside from that, a dismissal with prejudice can be used to get it off credit reports later. That dismissal with prejudice is a strong paper to have that wipes out your liability of the debt completely.
  15. 2 points
    Great news! I thought I was doing well at 720 and getting a new Corvette at 3.7%. Good to see you're still alive and well.
  16. 2 points
    On an $1,100 debt. This is absolutely astonishing. I'm speechless. All hail @fisthardcheese.
  17. 2 points
    Courts accept that the listed plaintiff is indeed the correct party. A defendant who challenges it has to do more than offer observations. Have you checked your credit report as I previously suggested? We don’t know the formula (or whatever it would be called) that banks use for selling or retaining accounts. Perhaps it’s based upon percentages. They sell a certain percentage and keep the rest. It could also be based upon individual states such as those that allow wage garnishment. Judges don’t care about the opinions of defendants. They want proof in the form of law, court precedent, or physical evidence. It doesn’t matter to a judge if an affiant has been signing affidavits for 10 years. That’s not evidence of anything other than the fact that she’s been signing affidavits for 10 years. I’m not sure what you mean by “sloppy.” You may not believe that an employee of Cap1 created the affidavit, but you’re going to have to do more than suggest that sloppiness and 10 years of signing affidavits is evidence that Cap1 doesn’t own the account. In regard to shady law firms, I’m not claiming that what you’re suggesting has never or would not ever occur, but it would not be common. The reason is because attorneys really don’t need to lie about the identity of a plaintiff due to the fact that the vast majority of defendants do not defend and default judgments are awarded to plaintiffs. It doesn’t matter if the plaintiff is an original creditor or a debt buyer. Most defendants believe just don’t fight back. In addition, any attorney who cares about his license to practice law is not going to risk losing his license along with a hefty fine. Again, please check your credit report. All the being said, we understand that most posters who come to this site have never been sued before and don’t know where to start. I was certainly scared to death the first time I was sued. You’ve already taken a good first step by doing some research. However, be careful. You need to research the research. Some information you read may sound good, but it may not be supported by law or court rulings. A lot of people will simply offer their opinions, but fail to realize the importance of supporting those opinions with law or precedent. On this site, most of us research and offer case law, court rules, and/or statutes to support what we claim. Unlike some information you find on th3 Internet, we don’t expect readers to “take our word for it” because we understand that judges don’t care about our opinions and unsupported information.
  18. 2 points
    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.
  19. 2 points
    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.
  20. 2 points
    Both. They have legally complied and disclosed that you cannot be sued and they cannot report the debt. NOTHING in Federal or State laws prohibits them from sending a letter saying "pretty please pay us" as long as they disclose the legal status of the debt. Ignore them or send a cease and desist letter. If you send the cease and desist and they continue collections THEN you have an FDCPA violation and can sue them.
  21. 2 points
    Once i filled my answer and MTC i got a letter in the mail saying they were going to file to dismiss the case at a certain date. The date came and the status of my case showed dismissed without prejudice. Just file your answer and MTC as soon as possible and you should be fine, they seem to only be interested in winning by default.
  22. 2 points
    One of the tactics I once used: There was a time when the arbitration agreement changed for the better after I defaulted on a card. I sent a letter to the OC, who still owned the account, CMRRR, stating that I accepted all changes to the credit card agreement. That way I was able to use the current agreement rather than the agreement in effect at the time of default. Let’s just say that bank never collected a penny from me afterwards.
  23. 2 points
    As of 5/18/2019, due to Chase Bank's merger with JP Morgan, all Chase credit cards have had their Card Agreements updated an an arbitration clause has been added back in. Previously Chase had removed arbitration as among the few OCs who did so following the NAF lawsuit blowback. However, with JP Morgan Chase now fully merged, the arbitration clause is back in. Some of the highlights include: Choice of AAA or JAMS: Under this agreement to arbitrate, the party filing a Claim must select either Judicial Arbitration and Mediation Services ("JAMS") or the American Arbitration Association ("AAA") as the arbitration administrator. You can learn more about these organizations online, at the addresses provided below. Each of these organizations will apply its code of procedures in effect at the time the arbitration claim is filed. Chase will pay all fees: We will pay any costs that are required to be paid by us under the arbitration administrator's rules of procedure. Even if not otherwise required, we will reimburse you up to $500 for any initial arbitration filing fees you have paid. We will also pay any fees of the arbitrator and arbitration administrator for the first two days of any hearing. If you win the arbitration, we will reimburse you for any fees you paid to the arbitration organization and/or arbitrator. All other fees will be allocated according to the arbitration administrator’s rules and applicable law. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail, we agree that we will not seek such an award. You choose the type of hearing (meaning they should NOT be able to object to your choice per this agreement): If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or in an in-person hearing. Any in-person hearing will take place in the federal judicial district that includes your address at the time the Claim is filed, unless the parties agree to a different place. Contractual Right to appeal to a 3-arbiter panel: A party can file a written appeal to the arbitration administrator within 30 days after an award is issued. The appeal will proceed before a panel of three neutral arbitrators designated by the same arbitration administrator. That panel will consider all legal and factual issues anew, and make all decisions and awards by majority vote based on the documents and arbitration record without a hearing.
  24. 2 points
    Great news! Thank you for the update. I believe @calawyer thinks very highly of Ian Chowdhury. So happy for you to have a "very positive outcome" you can't talk about.
  25. 2 points
    You're plenty 'sharp' - that's not the problem. You're a "thinker", is the problem. Ask me how i know. 😁
  26. 2 points
    I would absolutely use arbitration over court, but I would prepare to fight them just as you would in court (or more so). If it were me, I would search my credit report and phone records with a fine tooth comb to find any potential violations to use in counter claims when I file AAA and I would demand up front an in-person hearing and a request for full discovery. I would make sure AAA does not use their fast tracking "documents only" default for this one.
  27. 2 points
    Aside from a miracle, arbitration is your best bet, but with the way things have been going, i wouldn't be at all surprised if they come along for the ride.
  28. 1 point
    Nice, however the certificate of service doesn't have to have all the headings, it can just be page two under the answer as shown in my example, and it doesn't have to have under the penalty of perjury stuff. .
  29. 1 point
    @Theorist Anyone who makes claims that are blatantly incorrect when the correct information is available is most certainly shameful because it shows that person has done no research. If you roll your eyes at statutes, court citations supporting those statutes, and court citations supporting the claims made by the person, imagine what a judge will do to a party in a lawsuit who relies solely on his “theories”. He will do more than roll his eyes. As to “qualifications”, what are you looking for? Except for a couple of attorneys on this site, the “qualifications” of the members on this are based upon personal experiences and research. You came here allegedly looking for help and information. If you are relying are certain “qualifications”, you might be on the wrong site. Additionally, if you’re expecting feedback that only agrees with your theories, you are consulting the wrong site. Throughout this site, you will find case law, statutes, and/or court specific rules supporting claims made by members. Most members who cannot locate such support will readily admit that their information is based upon opinion.
  30. 1 point
    They aren't going to mess with a $3,500 car. $3,500 private party is probably $2,000 wholesale, and that's for someone that deals in used cars. JDBs aren't in the car sales business so they might net $1,200 after fees and commissions, etc. It's not worth it to them. A $50,000 would be a different story. They might put lien on the title, but that's just so you can't sell it until they get paid. Plus, your state might have laws against them taking your sole means of transportation anyway.
  31. 1 point
    I have to ask this, when you get back from court today, please let us know where this strategy led you, even if it led to you getting your rear end handed back to you. It would be at least educational to us and would be helpful to others who might harbor the same thoughts. As for whether they sold the debt in your case or not, @BV80 has asked you multiple times to state what your credit report says regarding the status of the Capital One debt and you have not yet answered. That would be the quick and dirty way for you to tell how well your theory will fly. And yes, all banks can act differently since there are multiple paths they can follow. Capital One, American Express, and Discover all sue on their own debts for the most part. That is well known. Capital One has removed the arbitration clause whereas Synchrony Bank swears by such a clause regardless of what is going on. Each bank can and does make their own business decisions so it is not hard to imagine one bank doing debt collection in one manner while another bank does debt collection in another manner. As for suits on low balances, again that is a business decision and most do it anyways because 98% of the time, they get a judgement so it is worth the effort. In fact, most banks and JDBs keep attorneys on retainers for a set fee for a set number of cases. That is why some plaintiffs are willing to walk away when a defendant puts up a reasonable fight. So again, we have a reasonable belief on what will happen in court today BUT we could be wrong so we want you to report back. Realize that if you don't report back, the silence itself will be very telling.
  32. 1 point
    They sweated you out. But as long as you are satisfied, that's good. You got a dismissal without even having to go to the MTC hearing, so it saved you a bunch of time anyway. Nice work!
  33. 1 point
    In my response I would explain that the calls did originate from Unifund, that the callers stated they were calling from Unifund and that the return calls were answered by Unifund. I would state that whether this other party, Alltran is the current owner of the number does not change the facts as laid out in your TCPA claims. I would ask if there are further questions regarding the phone numbers in question that I would ask that Unifund provide all of their call logs to and from your cell phone number for all of the dates in question. Because you are using emotion now and getting frustrated, you are overthinking it. Just respond to every point she made and tell the arbitrator it is irrelevant, that is has nothing to do with this present case before the arbitrator, and that it is designed to confuse and muddy the current claims brought against Unifund by the Claimant. Ask for all irrelevant documents and arguments to be stricken and for your claims to be awarded in full. If you want, you can even throw back the frivolous stuff because she is attempting to bring claims up in this case that are part of another arbitration case number. THAT is much more frivolous than a TCPA claim that includes evidence plus your testimony that unifund called your cell phone.
  34. 1 point
    It also helps refine our nascent skills to craft persuasive argument.
  35. 1 point
    A debate is necessary. He should be allowed to defend his claims. That is how we learn.
  36. 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.
  37. 1 point
    @Neenur Certificate of service on MC-03 form is fine; court needs to see you served the other party the docs you're filing with the court. Your affidavit isn't an exhibit. A document referred to in your affidavit should be attached to the affidavit as an exhibit (marked as Defendant's Exhibit __). You have not stated any grounds under Michigan rules for your motion to compel. I wish you had used one of the many recent Michigan motions to compel or posted this before submitting. Goods news is you have 14 days from the time you submitted your answer to file an amended answer if any changes need to be made. @Harry Seaward @BV80 or @fisthardcheese I'm nervous that (page 3 of answer) Affirmative Defenses #4 and #7 state the contract is void and unenforceable. Neenur goes on to file a MTC arb to enforce the arb clause of a contract he claims is void and unenforceable. Should this be changed with an amended answer?
  38. 1 point
    Not in a credit card case. The courts in every state are well aware there is no signed contract between you and the original creditor or PRA. They do not need one to prevail. Hypothetically anything is possible. The reality is PRA is a known top 5 JDB. They know the courts they are in and will produce legal affidavits stating their evidence meets the business records requirements under state law. A few consumers have tried that stunt and got shot down by the courts. Do not try it.
  39. 1 point
    What is the point of continuing this argument? A completely new poster comes in, and starts giving very dangerous advice. This is someone who has never posted anything on this forum with useful advice. All I will say is this: Every case is a little different. What works for one person in a very particular situation may not work in other situations that are different. For example, I beat both AmEx and Discover in arbitration. Almost every post anyone will find will say you can't beat AmEx or Discover in arbitration. The thing is, I realize my situation in both cases was very unusual. Not long ago, I ran across a poster who had a similar (but not identical) situation to the one I had for Discover. So I gave that person advice tailored to that particular unusual situation (the account was past the Delaware SOL but NOT past the SOL in the poster's home state). That was fairly recent, and I have no idea how that case will turn out. The thing is, I don't ever expect that anyone whose situation is even slightly different from mine will have identical results. If AmEx hasn't done anything really horrible, they will win. They did something amazingly bad, illegal and stupid for my wife's account, so they lost. If Discover hasn't done anything stupid, and the account is within 3 years (the Delaware SOL), they will win. They waited almost 6 years for my account, and there were a number of possible violations and accounting errors. As for the situation the OP is in: If Citi keeps the account, our newbie's advice won't work. If Citi sells the account to one of the vast majority of JDBs that refuse to deal with a PFD (for example, PRA), the newbie's advice won't work. If Citi sells the account to one of the few JDBs that will do a PFD, and the OP somehow manages to get into exactly the same situation as the newbie, then the newbie's advice MIGHT work, Or it may not. In effect, the newbie did the equivalent of drawing to an inside straight flush to win a big pot. That doesn't happen very often. It happens occasionally, but generally isn't the best plan.
  40. 1 point
    @Shiva If Citibank still owns the account, it would be much better to pay Citi than to wait for the account to possibly be sold to a debt buyer.
  41. 1 point
    Do you have another thread? Im just trying to see where you got your advice for furthering your case. From the above paragraph it looks like you did a lot of unnecessary work, the only thing all of that did was buy you a little time. Strategically you want to buy time while in arbitration, not in the courts. Who is the law firm? When was your account opened?
  42. 1 point
    You begin the 21-day count the day after you were served. Rule 1.108 Computation of Time In computing a period of time prescribed or allowed by these rules, by court order, or by statute, the following rules apply: (1) The day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order; in that event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is closed pursuant to court order. Rule 2.108 Time (A) Time for Service and Filing of Pleadings. (1) A defendant must serve and file an answer or take other action permitted by law or these rules within 21 days after being served with the summons and a copy of the complaint in Michigan in the manner provided in MCR 2.105(A)(1). I hope your dog is doing better.
  43. 1 point
    @HomelessInCalifornia -- All I have to say after reading this entire thread is ... WOW. I know this was almost 6-years ago, and I don't even know if you check messages/mentions/additions, but ... I have to personally say, THANKS!! From the bottom of my heart!! This thread and your documents are so incredibly invaluable -- I am awe struck. Now, I know this is an old thread -- but IMHO it is one of the most important ones on the forum (along with @ASTMedic's, etc.). SO ... since I am sure California peeps will find this thread in the future, I thought it important to post this short thread from @calawyer regarding the California Supreme Court's recent ruling on CCP 98. No more fighting and ambiguity -- THE AFFIANT HAS TO BE SERVED the SUBPOENA PERSONALLY ... PERIOD. Modify your documents accordingly. Enjoy:
  44. 1 point
    Texting is common now. It’s just the same as providing your cell number allows calls to that number. I think the CFPB is simply trying to modernize rules to keep up with technology. The proposed rules also state that consumers must be provided information that allows them to opt out of receiving texts and emails. That’s the same as being able to revoke permission to receive phone calls to your cell phone.
  45. 1 point
    It’s best to order hard copies of your CR from each CRA and dispute in writing. Your disputes should point out specific information you deem to be inaccurate. It’s best to provide proof of your claims. Note that a dispute will not result in the deletion of an entire TL. It only results in the deletion or correction of the piece of information shown to be inaccurate.
  46. 1 point
    Thanks Clydesmom, Good to see you again. Yes, my quick search indicated a scam or a very very far removed JDB. I was only concerned because they called my number several times yesterday, then called my mom's number 3 times yesterday, though never left a message on the 2nd and 3rd call to her, and then called my cell. Some of the people complaining about them that reported this Jan said they have ben hounded since last summer. Air horn is a good idea... so is my big old police whistle. Thanks for the idea.
  47. 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.
  48. 1 point
    The biggest rookie-mistake everyone makes is to think there is something inherently nefarious about what places like Midland do. The fact is that everyone in the court (including the judge and the cleaning lady) knows that you bought stuff, you didn't pay for it, Paypal sold debt to Midland and Midland has the legal right and evidence to sue you and, worst case, garnish your wages for the amount due. This is like being arrested for robbing a bank and forgetting your mask so you end up on security video. Arbitration gets you out of court. It doesn't change the morality of the situation, if those things bother you - it's just a loop hole that we use to get out of paying debts and it works virtually 100% of the time.
  49. 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.
  50. 1 point
    Huel Howser is a bit of a local hero out here. I don't know as the producers of "California Gold" are planning on continuing and looking for a new host. I doubt it, but that is the kind of project that can be easily replicated. I would certainly be up to it -- although something along the lines of Anthony Bourdain's "No Reservations" would be even more to my taste (world travel, good food and drink, new cultures). Thanks for the compliments. I've written screenplays, and short stories, and teleplays, and was working on the last chapter of my first novel when all this went down. I have multiple undergraduate and graduate degrees in the humanities and sciences, so I think all of that was an asset in writing the briefs ... along with incorporating all the superb advice and arguments and experience that came my way from the people here and from research and adding in my own observations and arguments on the evidence presented. Calawyer was so profoundly helpful in getting me focused and organized and with his commentary and of course Seadragon, Rivertime, Aticnib, AnonAmos, Helpme, and Mutedebt and many others were all guiding lights. If I can ever figure out how to present my memo of costs and judgment to recoup my losses (it's driving me nuts), I will be so glad to be done with this case and to return to completing my novel.