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Showing content with the highest reputation on 12/18/2018 in all areas

  1. That's amazing! You joined the board less than 24 hours ago. You get the prize for fastest dismissal offer. I'm with BV on this one. I've never known them to refile, and if they ever did, you could come back at them again with arbitration. I say take the offer and enjoy your holidays.
    1 point
  2. OK - I filed my motion for arbitration today (electronic) and within minutes received a call from the attorney asking if I would assent to a motion to dismiss without prejudice. This was left on my voicemail so didn't actually speak with him. He wants me to contact him ASAP or he will just file the motion without my input. Any advice?
    1 point
  3. 1681s-2(a)(5) 5) Duty to provide notice of delinquency of accounts (A) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. There is no private right of action under 1681s-2(a)
    1 point
  4. The next thing we need to talk about is "when" is the best time to elect arbitration. When you get a collection letter and you respond with a DV/dispute letter - that is a great time to elect arbitration "if" you know that you have an agreement that would work the way you want. This is a way to "set up" a violation against them. If you elect arbitration and they ignore it and sue you, then you have a nice violation to use. Any mention of electing arbitration should always contain the mention of JAMS as I have heard that if your election letters do not specify JAMS, the creditor can use your
    1 point