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Showing content with the highest reputation on 05/24/2017 in all areas

  1. 2 points
    Here is the promised M&C that I had used in both my cases. I hope this helps! Redacted Meet and Confer.doc
  2. 1 point
    I was upfront about my SSDI, even to the point of during one of my last phone calls, pleading with the agent to figure out a solution because if I did walk away from the debt they would not be able to recover since my income was SSDI. The agent was sympathetic and said it was a Capital One "business decision". Soon after that I made my own "business decision". It's very sad.
  3. 1 point
    I have never understood this. They would somehow prefer to spend money on collections and ultimately settle for a lesser amount than they would to agree to accept what you can pay. But if you went through the hardship program, they probably already know that your sole source of income is SSDI.
  4. 1 point
    DO NOT SEND THE MONEY. It does not matter if you have a verbal recording. The JDB will simply say that the collector had no authority to make the deal and that they were a rouge collector who was fired (since most collectors last only 90 days at their job, odds of this person being there when the issue comes to head is 0). A debt collector is lying if their lips are moving and they are forming words in a known language. The legal adage "If it is not in writing, it did not happen." is in play here. They will take your money and then they will go back on the deal. What you do is you call them back and tell them that if they want the money, they will send you written confirmation of the deal. No deal in writing, no money. You are in the drivers seat here. If they threaten lawsuit, tell them that is fine and that you will then be speaking to a lawyer who will give you the deal in writing. If you keep bugging them, they will either give you the deal in writing, sell the debt and you then might get a collector who has 2 functioning interconnected brain cells and realize how to get paid, or sue you and then you get a lawyer that understands the concept. You have the money that they want, you are in the drivers seat.
  5. 1 point
    This may have been the case in your particular situation, but if you read through the last 4 or 5 Texas cases here that went to trial, PRA has been very successful in proving the consumer owes the debt.
  6. 1 point
  7. 1 point
    The online case file says personal. However, I will treat it as if it were legal, as I figure that it would be risky not to respond within the 30 days. If it goes to trial, perhaps I can bring it up as a point where the plaintiff didn't follow proper procedure?
  8. 1 point
    If you ever wonder how debt collectors that just buy a line on a spreadsheet manage to get judgments in 99.9% of their cases, here's basically how it goes. 99% of the time the defendant doesn't answer, so the plaintiff gets a default judgment. In the 1% that answer, the plaintiff sends interrogatories and requests for admissions. 90% of the time, the defendant fails to answer the request for admission, so the plaintiff uses the lack of answer as an admission, so they file a motion for summary judgment based on that. Almost no self-represented defendant can file a proper response to a motion for summary judgment, so the defendants win again. If you are served with requests for admisisons, you must take them as seriously as the initial complaint and answer them. It is important that you don't admit that you the JDB bought the debt (you don't have any way of knowing) and you dont admit that you owe JDB (again, you don't know that they really bought the debt). Also, don't assume that you can't afford an attorney or that no attorney will talk to you. Don't assume that you can't afford attorney advice. Many members of my organization, the National Association of Consumer Advocates will talk to you over the phone the first time for free. If the attorney identifies a Fair Debt Collection Practices Act violation, he/she will usually represent you on a contingent fee basis. If the case is purely defensive, most consumer attorneys (including me) do charge a fee to the client, because that's the only way we can get paid in a defensive case, but in a few states it's different. In those states if one side can get attorney fees then both sides can no matter what the contract says. In those states it's easier to find an attorney if you don't have money. Here's a link to the NACA find an attorney page so you can find an attorney in your area. Regarding Arbitration: As a general rule the success rate in arbitration isn't any better than in court. As a general rule consumer attorneys dislike arbitration because the creditor picks the forum. There are some exceptions to the rule though. If you are an unrepresented consumer being sued in court in a lawsuit that you seem sure to lose, filing a demand for arbitration on the record in court and served on the suing party may be a worthwhile strategy, especially when the arbitration rules require the business to pay the lion's share of the costs. Under the Consumer Arbitration Rules of the AAA, for example, the consumer's costs are limited to 200-250, whereas the business will generally be paying at least 10 times that much. In JAMS, the maximum fee to the consumer is $250. Note in JAMS either party has the right to bring the case in small claims court. This means that if the collector filed in small claims court, you probably don't have the right to compel arbitration. You can try though. In my practice I am trying out a legal theory under the Indiana Deceptive Consumer Sales Act, arguing that it is a deceptive practice to put an arbitration clause in a contract when you don't intend to arbitrate. For the AAA, the business is supposed to register a contract with an arbitration clause that references the AAA. If they don't register the clause, they can still arbitrate, but they have to pay an extra fee. In my case, we demanded arbitration but the business, a car dealership, refused to pay its fee, so the AAA declined to take the case, freeing us up to sue in court. Steve Hofer, attorney, Consumer Law Office of Steve Hofer, Indianapolis, Indiana.
  9. 1 point
    @BV80 found this case which is pretty interesting since it's not only Pro Se but he got an appeal court to uphold his use of counterclaims as not waiving his rights to arbitration after the trial court tried to turn him down through every stage from Motion to Dismiss and Motion To Compel. Price v. Fax Recovery Systems, Inc., 49 So. 3d 835 - Fla: Dist. Court of Appeals, 4th Dist. 2010
  10. 1 point
    I am looking for a sample of motion to compel arbitraiton and a motion to dismiss because of arbitration elected I think this is my next step http://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=301607 I sent a letter to elect arbitration thanks trueq http://www.debt-consolidation-credit-repair-service.com/forums/showpost.php?p=1027530&postcount=11