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Showing content with the highest reputation on 03/23/2018 in all areas

  1. Yes! I walked into the courtroom, sat down, heard someone mumble my last name up front and I said "that's me" and he goes "your case has been dropped you can go".
    3 points
  2. I just received this response to my email. Thank you everyone so much for your help!!! Thank you for contacting our office regarding this case. My client will accept your offer to settle with a dismissal with prejudice and each party agreeing to bear its own costs and fees. Attached is a copy of the dismissal that will be filed with the court.
    2 points
  3. @Harry Seaward Thanks Harry. Just got back from court. The plaintiff blitt and gaines motioned a stay? or undefinate continuation- I don't know the terminology. I think it was because I requested card members agreements and they did not provide them. The plaintiffs lawyer said she would try to convince Discover or "them" to accept my initial settlement offer of $1400. The debt they were suing for a total of $3700. So a big win in my book. It seems like i'll get what i wanted without arbitration. thanks everyone who provided advice on this board!!
    2 points
  4. @lovie2000 Congratulations on dodging the court bullet! If this account was never truly yours, you might want to go to the National Assoc. of Consumer Advocates website and find a member attorney in your area to weigh in on your situation. Usually, the initial consultation is free. https://www.consumeradvocates.org/find-an-attorney
    2 points
  5. Yes, it looks like the plaintiff's attorney shot himself in the foot, claiming you chose the court proceeding and that you had engaged in discovery. Judges don't like being lied to, especially by a member of the bar.
    1 point
  6. So here's an update.....I mailed BOP 3/22 POS & CMRRR. The same day I received mail from the court saying a judge had been assigned because a response had been filed with the name of the judge. Nothing more regarding any dates or conferences. Also I received a somewhat comical letter from the attorney for JDB...here is what it reads: "We will accept a settlement in the amount of $2,400 (suit amount $3,700). You must contact our office on or before April 10 to set up payments or settlement will be null and void and we will move forward with the pending litigation against you." At this time, I am not interested in the settlement offer as I do not owe them anything. I will wait to hear back response to my BOP.
    1 point
  7. Arbitration agreements don't define "elect" or "initiate", however I believe most provisions use both terms. "Elect" usually means "to choose". "Initiate" usually means "to begin" or "commence". In that context, one can choose to arbitrate, but it doesn't mean he has taken the necessary steps to begin or commence the proceeding.
    1 point
  8. I just got back form court and I got what I wanted. I was being sued by Discover, they used the firm blitt and gaines pc. I showed up early, prepared, and wore a suit. The only thing I had to say to the judge was "yes". the plaintiff's lawyer just motioned a stay or continuation(?). I had requested card agreements that they did not provide. Because of that she didn't try to get a judgment. I was planning to motion to compel arbitration but it didn't even come up. They wanted $3700. I made a initial settlement offer of $1400. The lawyer said she would try to convince "them" to that offer. So I big win in my book. my only question was she told the judge that I had made a settlement offer, then the judge asked me if that was true. What is the best way to handle that question? Thanks to Everyone one this board who gave advice. @Clydesmom @BV80 @BackFromTheDebt @Brotherskeeper @Goody_Ouchless
    1 point
  9. Yes. State in your email that you are responding to their letter requesting that you contact them. Tell them that your preferred method of contact is by email and that they can reach you at this email address. See what they have to say after that.
    1 point
  10. Actually, I do believe the full filing fee is now $1200 ... so after the consumer's $250, that leaves $950 for the JDB just to file. IN regards to this letter to the attorney, I personally don't like the entire concept. This falls into my personal "don't use unnecessary words" doctrine. I see no upside to this letter and it is not legally required, therefore, the ONLY thing this could accomplish is potentially shooting yourself in the foot. Why take that risk? I certainly wouldn't.
    1 point
  11. Not if you are in GA Magistrate. It's best to start your own thread so this doesn't get confused with info from OP's info.
    1 point
  12. Do NOT file a counterclaim. It would waive your right to arbitrate.
    1 point
  13. Im sure by now the lawyer has already put in quite a bit of time just to get this far. Everything he threw I came right back so I'm sure his bill is already up there. Now they will have to go to JAMS, I wonder how this will turn out. I was in complete shock to see this entry today. Ive been keeping an eye on the docket multiple times a day, it just so happened the day I didn't look at it, it updated lol. But honestly and truthfully, I could not have made it this far with out the community's help. I mean that with the most sincere gratitude to each and everyone's time and efforts in assisting me.
    1 point
  14. @nobk4me This information of yours was critical to @MikeB35 's success. It shows the importance of knowing your own state's and court's rules.
    1 point
  15. @MikeB35 You did a great job from the start to get to this moment. You put in a lot of research time and did the hard work necessary. The motion for a more definite statement yielded some excellent advantages--the contract plaintiff gave up and the time to gain understanding. Now we wait to see how plaintiff reacts to the ruling.
    1 point
  16. OH WAIT!!! IT GET"S BETTER!!! @Brotherskeeper@debtzapper right after replying to debts post I checked my docket and here you guys go for your viewing pleasure! 03/22/2018 As to **********, motion #MV18-000010 for MOTION TO COMPEL ARBITRATION Granted. [JUDGE *********] 03/22/2018 As to **************, THIS CASE COMES BEFORE THE COURT UPON THE DEFENDANTS MOTION TO COMPEL ARBITRATION FILED ON FEBRUARY 1, 2018. THIS COURT HAS TAKEN INTO CONSIDERATION THE PLAINTIFFS RESPONSE FILED ON MARCH 12, 2018 AND DEFENDANTS REPLY BRIEF FILED ON MARCH 19, 2018. BASED UPON THE EVIDENCE PRESENTED, THIS COURT FINDS THAT THE CARDHOLDER AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND THAT EITHER PARTY, WITHOUT THE OTHERS CONSENT, CAN REQUIRE A DISPUTE TO BE RESOLVED THROUGH ARBITRATION. THE STATE OF OHIO HAS A PUBLIC POLICY FAVORING THE ENFORCEMENT OF ARBITRATION PROCEEDINGS. SECTION 2711.01(A) OF THE OHIO REVISED CODE PROVIDES THAT ARBITRATION PROVISIONS WILL BE ENFORCED UNLESS GROUNDS EXIST IN LAW OR EQUITY FOR THE REVOCATION OF THE CONTRACT. PLAINTIFF CONTENDS THAT DEFENDANT IS BARRED FROM CHOOSING TO ARBITRATE BECAUSE HE CANNOT STOP PENDING LITIGATION. PLAINTIFF FURTHER CONTENDS THAT THE REQUEST FOR ARBITRATION SHOULD HAVE BEEN MADE UPON RECEIPT OF THE SUMMONS AND DEFENDANT CANNOT CHANGE COURSE IN THE MIDDLE OF THE ALREADY CHOSEN LEGAL PATH. THE ARBITRATION CLAUSE IN THE CASE AT ISSUE STATES THAT AN ACTION TO COMPEL ARBITRATION MAY BE BROUGHT AT ANY TIME, EVEN IF ANY SUCH CLAIMS ARE PART OF A LAWSUIT. ARBITRATION REQUESTS IN FACT ARE OFTEN MADE AFTER THE COMMENCEMENT OF A CASE. SECTION 2711.02B OF THE OHIO REVISED CODE ADDRESSES THIS ISSUE BY PROVIDING A STAY IN THE COURT PROCEEDING PENDING THE OUTCOME OF ARBITRATION. FURTHER, DEFENDANT DID NOT CHOOSE THE LEGAL PATH WHICH BRINGS THE MATTER BEFORE THIS COURT. DEFENDANT IS INVOLVED IN THIS PROCEEDING AS A RESULT OF THE COMPLAINT FILED BY PLAINTIFF. DEFENDANT RESPONDED TO THE COMPLAINT AS REQUIRED UNDER THE RULES OF CIVIL PROCEDURE TO AVOID A DEFAULT JUDGMENT. THIS LEGAL PROCEEDING WAS INITIATED BY PLAINTIFF AND DEFENDANTS RESPONSE TO THE COMPLAINT CANNOT BE CONSTRUED AS THE LEGAL PATH HE CHOSE TO RESOLVE THIS MATTER. IT IS THEREFORE ORDERED, ADJUDGED AND DECREED THAT DEFENDANTS MOTION TO COMPEL ARBITRATION IS HEREBY GRANTED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED THAT THIS MATTER IS HEREBY STAYED PENDING ARBITRATION BETWEEN THE PARTIES. IT IS SO ORDERED.. [JUDGE ********] 03/22/2018 STATUS CONFERENCE scheduled for 03/29/2018 09:00 vacated. [JUDGE *********] 03/22/2018 As to LVNV FUNDING LLC, **************, the clerk is hereby directed to serve all parties notice of the judgment and it's date of entry on the journal. [JUDGE **********] 03/22/2018 FINAL AND APPEALABLE NOTICE forms printed and forwarded for service by ordinary mail to: ***********, ******* ***********, Printed on 03/22/2018 10:45 by user *******on station 3430. [Clerk entry] 03/22/2018 FINAL AND APPEALABLE NOTICE forms printed and forwarded for service by ordinary mail to: *******, *******,*****, *****, Printed on 03/22/2018 10:45 by user *********on station 3430. [Clerk entry]
    1 point
  17. Thanks! I honestly couldnt have done this alone, I give most of credit to @Brotherskeeper for the last paper work drawn up. She has been instrumental in my latest success! One small victory for the greater good!
    1 point
  18. @LaneBlane Good grief, this thread is incredible! And riveting. You've been at this since September 2017. I know I've learned a lot from your 17-page saga. I wish you all the best, and please know we're all rooting for you!
    1 point
  19. Kind words, DZ. I can say the same--even more--about you! As I've said before, I look stuff up. Anyone can do it. I try to provide the link to show my work. I found incredible help here on this site when it was needed. I'm paying it forward.
    1 point
  20. @upcycleliving You also need to read your court rulings. Filing a counterclaim might cause you to run the risk of waiving your right to arbitrate.
    1 point
  21. Even many consumer defense lawyers think arb is too costly and is stacked against the consumer. And many judges just aren't used to seeing a pro se use arb as a defense. They probably think arb is used by corporations to settle claims between other corporations.
    1 point
  22. @Brotherskeeper I defer to you. Over the years, you have guided many Mich OPs to a dismissal, either through litigation, or more recently with arbitration. And I know that sometimes you have provided one on one personal guidance. Thank you for all you do here.
    1 point
  23. The can spew whatever they want. As long as you have a rock solid case complete with case law and decisions to back you up, the judge cannot go so far as to ignore the law. As @fisthardcheese said, no matter what the good old boy network there is, the judge still has to follow the rules and if they don't, there are other judges who will force his hand.
    1 point
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