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  1. 8 points
    The results are in.... PASSED! I submit my application to the character and fitness committee next week. If approved, I will be sworn in as an attorney June 12, 2019.
  2. 5 points
    I will apologize for my absence at another time. But I had to post the news of this gift we received today from the California Supreme Court. Cal Supremes held that a CCP section 98 declarant must be subject to actual personal service at the address given, and that the requirement is not satisfied by the defendant/defense counsel agreeing to accept service of a subpoena at that address. The case is Meza v. Portfolio Recovery Associates http://www.courts.ca.gov/opinions/documents/S242799.PDF
  3. 5 points
    @fisthardcheese @Harry Seaward @Brotherskeeper Update! The plaintiff's office reached out to me and offered to Dismiss WITH Prejudice at our upcoming status hearing in exchange for me to drop my AAA claim. We sort of tentatively agreed over the phone and they emailed me the agreement request. At this point then, I'm glad its sort of coming to a close now. Is there anything else I should prepare for prior to our hearing? I'm expecting to sort of just be handed a copy of the Order stating Dismissed With Prejudice and for me to drop my AAA case and I wouldn't hear about this account ever again.
  4. 4 points
    Just wanted to update everyone. I ended up winning by settlement. Had the case dropped with prejudice and Midland is paying for my arbitration + court fees. I'd like to thank everyone who pitched in with advice and helped me along the way. Most of all, would like to thank @fisthardcheese with their guide for arbitration. This is single handedly the only reason why I won so effortlessly. If anyone is in my position, please give the guide a look-see. Thank you again to every1!
  5. 4 points
    After following much advice and reading many post over and over on this forum , I have had my day in court and my MTC arbitration and stay the proceedings was granted. In Louisiana you must file your answer , MTC and a memorandum in support of your motion, a little different than the MTC examples posted here. You must also state if a court date has been set, if not you must request a court date and include a order sheet. When I filed my MTC the judge ordered PRA/Rausch Sturm to show cause as to why arbitration should not be granted. I followed all the court rules and advise from this fourm. The Rausch Sturm attorney was served as required by my state. They did not object or show up to court this morning. The judge granted my order and chucked/smiled while signing it. He said he was impressed with my ability as a Pro Se. I thank everyone for their post about arbitration, without that I would have been lost.
  6. 4 points
    I have had my run in with the same law firm, same debt company, same credit card, and same state. My advise to you is to read through my thread and see how much this community is absolutely amazing. See how a normal Joe shmo like myself, turned from a uninformed scared person, into a well informed individual. The process takes time, research, and patients but in the end is rewarding and self fulfilling. If you start reading through my thread you will see i made a lot of mistakes early on, luckily I had some guardian angels on my side such as @fisthardcheese@Brotherskeeper@nobk4me@BV80 just to name a few. This thread is packed full of great information to help you along your journey. I hope it finds you well in your research and aids you in successful battle!
  7. 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.
  8. 3 points
    @Brotherskeeper @fisthardcheese @BV80 @Harry Seaward Well just got the email from JAMS telling me who the arbitrator is. It's Mr. Bradley Winters Esq. Plus they sent a bill to Midland's attorney for $5000. So let's see if they will pay this one. Thanks again for all the help. Will keep you all informed on what happens.
  9. 3 points
    As the others have said, mistakes happen. I'm actually relieved it was that and not some new rules we had to try to figure out.
  10. 3 points
    First off, the title of your thread is inaccurate, unless you filed lawsuits against PRA and Cap1. Second, can you give us details about how you accomplished these things? Without that, your thread is useless.
  11. 3 points
    DISMISSED!!!!! I hadn't heard a peep from anyone about the case, so I called the judge's clerk. He looked up the case number and told me the Plaintiff had appeared to dismiss the case. Whew!
  12. 3 points
    It is nonsensical for a person who asked for and was granted arbitration in a case to then nitpick by demanding the other side file instead AND giving up the extra little bit of leverage being the Claimant in the arbitration case will hold. Let it be known across the land: If your MTC is granted, FILE THE ARBITRATION CASE IMMEDIATELY AND WITH NO RESERVATIONS. Filing an arbitration case is the easiest part of this entire process. Not doing so is just plain silly.
  13. 3 points
    What case law did you put in your motion to compel? Use those cases in support of your argument. It would be technically improper if you brought up case law for the first time at a hearing without giving other side opportunity to oppose and respond to it.
  14. 3 points
    I've been walking in similar shoes for a while. Unfortunately, as long as the contract you signed says it's a commercial loan, you won't be able to file a consumer arbitration case. My commercial contracts also include a personal guarantee. Lenders do this to protect themselves in the event a business folds or goes bankrupt. If they can't go after the business, they can go after the person who personally guaranteed the loan. This doesn't change the fact that it's a commercial contract. You said you signed and returned the BofA contract. Are you saying the contract filed as an exhibit is not a true and correct copy of what you signed? If so, why? Does your copy of the contract include the same misspelling? Based on my personal experience, arbitration is something I would personally stay clear of. You will not be protected by a consumer fee cap.
  15. 3 points
    Im glad to share my experience with you. I also have another thread that I won against LVNV. That was my first learning experience, and you could watch my growth lol. There are so many great people that are willing to put in their time to help you. This community is amazing, thats why I put in the work I can do and return the favor to any future pro se'ers. Just remember I am not a lawyer, I am only implementing what I learn and researched along with the direction of many community members. I wish you luck, and make sure you re-read at least 5-6 more times before you file with a fine tooth comb for errors.
  16. 3 points
    Lack of evidence of a claim doesn't inherently make it frivolous. Frivolity means you have no basis at all for the claim. Your own testimony that you saw numbers in your phone, returned the call and discovered the called party was Unifund is evidence. It's not enough to prevail on the claim if Unifund denies making the calls, but it absolutely pushes you past the frivolous threshold. This is why we keep telling you to quit worrying about "frivolous". You're not in that camp. The lawyer's ignorance over the fees is IMO a much bigger concern with potentially catastrophic results.
  17. 3 points
    They didn't show up and I won my motion for sanctions against them. It's only $272 but I won, nonetheless. Fight back, folks! LVNV Sanction Motion .pdf
  18. 3 points
    Same story and congratulations - great job! Can't believe attorney said you got agreement from a "bogus website" - because I'm sure someone has the time, money and insanity to create a bunch of realistic, yet fake, credit card agreements and post them online - classic!!!!
  19. 3 points
    Well it’s been a lot of hurry up and wait but after some back and forth I got myself a dismissal with predjudice! Everything was agreed upon outside of arbitration and filed in court. They spent about $5800 in arb fees and didn’t get the debt paid so all in all a big win for me. Thank you you all for your help! @fisthardcheese
  20. 3 points
    I'm not advocating one position or another. I think both have merit. I just want to put out as much information as possible so that Shelly can make an informed decision about which path to take. One thing that is certain, the decision does not need to be made at this very moment.
  21. 3 points
    Alright! Who wants to hear about my day in court? DISMISSED WITHOUT PREJUDICE Ok, I realize there may be some pitfalls in that PRA could re-open my case. But, do they/would they do that? I ain't gloating. The lead up was stressful, I was flailing and there were some things I could've done better. See my original post. A recap of the past two weeks: My last hearing was to set a trial date of Feb 8. The judge handed us both an Advance Trial Review Order. ( Look it up for California to see samples of it.) I was confused by the document. It basically was an inventory of case evidence and witness. The contract attorney for the plaintiff filed it with nothing listed. (Suspicious: No evidence? No Witnesses?) I did the same. I was late to send out my Discovery/ Demand for Documents to the Plaintiff. This was a mistake. The deadline is tricky. I understood it to be 30 days before trial. But it closes 30 days before trial. I feel I still don't completely understand the deadline, but I now at least know to get it done early, at latest 65 days before trial. That being said- it would have been understandable and permissive for the Plaintiff to just ignore my discovery requests. However, they ended up replying the day before the trial with a point by point refusal of each of my discovery demands per my violation for CCP 2024.020(a) So, why even bother sending me that? Did they have to? Or, were they trying to psyche me out? Anyway... TRIAL DAY! I wake up early, keep a positive attitude, go the gym, "Mama Said Knock You Out" on repeat! Get to the court house early. Breathing deep. Courtroom doors open at 9:00 am sharp. Friday trial call. Everybody signing in. All kinds of people and civil matters stacking the day's schedule. Contract lawyer for the Plaintiff strides in, calls me out while he signs in and announces "I'm going to dismiss your case" . We wait for the judge to call us into the octagon to make it official. And that's it! 5 minutes. So, what happened here? Am I lucky? Did I simply answer and show up? Did I use the Magic Words? Well, like I said- no gloating here. I got TWO MORE of these things on deck.
  22. 3 points
    That's great that you are starting to kind of understand everything now. Its a journey, but its a journey only you can benefit from. Your hard work and understanding, will only make you a more versatile person. When you go for that first initial meeting with the lawyer you will not be jaded thinking you have to roll over just because you are in the court system. You are now armed with knowledge, Be vigilant in your study's, and double check everything. Like i stated before, you are representing yourself so everything you do reflects you. When this is all said and done you will be extremely proud of what you have accomplished. I promise you!
  23. 2 points
    Hi All. I've lurked for awhile (learned a lot), and now I'd like to share my journey. It is ongoing but hopefully other reads can learn something...and perhaps I can get some feedback when I hit rough patches Basically I had 15 accounts with 11 creditors, totaling 275k. Due to a failed business, major family health issues, and other personal problems the debt piled up over a handful of years. I was literally depleting all my savings paying monthly payments and it got to the point where it was obvious the well was going to run dry. I didn't want to file bankruptcy (I still don't, although technically that may be my best option), so debt settlement became the key option. If I get sued in mass, or I can't negotiate decent deals then C7 is my only option. I certainly do not have all the funds to settle these at the same time, so I'm trying to plan and spread them out. All debt settlement is being done DIY, and I have been largely proactive. Personally I found talking to OCs, JDB, and CAs to be a fairly straight forward process. Most haven't bugged me anywhere near the amount that I expected. Everything is totally unsecured. I'm also keeping track of all my assets and liabilities to claim insolvency for each settlement (so I don't have to pay taxes). I may potentially not be insolvent near the end of the process. I also signed up for the Veritas legal protection in case I get sued (I haven't yet). My last payments were in the Sept-Dec range of 18. As of 5/10/19 Chase Card 1: Discussions are ongoing, but nothing truly ongoing. I'm 125 days or so. They started calling a lot so I had them stop calling my cell. There really hasn't been a serious offer on their part. It has been over a month since I made the do not call request and I haven't gotten any communication. Given their more lenient reputation I am looking to delay settling this. Chase Card 2: Same as Card 1 BOA Card 1: SETTLED FOR 26.5% I settled this account at about 130 days. I had two accounts with BOA and I settled them jointly for about 26.5% in a lump sum. I was hoping to hold off but they accepted that offer so I was happy. They barely bugged me at all during the 130 days. I called them a few times to keep them updated but that is about it. Then on day 130 I called them, made the offer, and that is that. Combined this was my second largest creditor, so I am thrilled with this outcome. BOA Card 2: SETTLED FOR 26.5% See BOA Card 1 Best Egg Loan: Once I began to go past due on these accounts Best Egg offered a pretty nice extension. So I took it to mainly extend out my settlement window. My extensions officially ended at around 120 days and they just now consider me late. No serious negotiations at this point. Upgrade Loan (sold to Velocity, placed at CKS): THIS IS NOW MY TOP PRIORITY I tried to negotiate this directly with Upgrade and made them fair offers (30-35%). Once it charged off (probably 120ish days) they sold it to Velocity who then placed it with CKS Financial. I've been negotiating with CKS (toughest to deal with out of everybody). I offered 28% first, went up to around 30%, then CKS tried to get Velocity to do 32.5%. Velocity has been pretty firm at 40%. In fact after the last counter of 32.5% Velocity said to do 40% or else they will go to court. I'm not sure if I believe them just yet since they bought it about a month ago. It is a higher balance so legal is definitely an option for them. 40% right now is really tight for me, so I think I may try to call their bluff. This is my number 1 focus right now. CKS has a distinct style that is quite annoying (passing you amongst reps)... I also get the feel that they use more 'tactics' on you than other firms. AMEX #1 (placed at ARSI): SETTLED for 40% As you would suspect AMEX did virtually zero negotiating. After about 100 days it was past to ARSI. Not as tough negotiations with ARSI as with CKS and GC. Ultimately given AMEX likes to sue I decided to go with 40% and they ultimately accepted. AMEX #2 (placed at ARSI sent to Gurstel): At the same time as AMEX #1 this account was sent to ARSI then sent to Gurstel straight away. I've been negotiating with Gurstel directly and honestly it has been one of the simpler nicer experiences. It is a law firm so my settlement amount expectation isn't high and AMEX has their reputation. This is a smaller account so I'm trying to finish it off at 50%. I'm slightly optimistic given I got the other AMEX/ARSI done at 40%. At this point I'm just waiting on a response Marcus by Goldman (placed at Radius) Marcus doesn't settle, but they certainly call a lot. It charged off in the 120-140 day range, and then sent to Radius. Of course now they are willing to settle, but they are only offering 65% (so 35% savings). I'm trying to target 30-40% settlements so we are far off. They haven't called much (couple times in a month) and the negotiations aren't too serious. Holding off on this. Earnest Loan: No serious negotiations with them. They barely called but they do have one lady that was their "overdue" person, who was a little intense. But she wouldn't budge at all. Regardless they just moved their servicing to SST. Given funds are tight I'm hoping to delay this one so I'm letting SST make the first move. About 150 days here. My guess is it gets charged off and sent (probably sold elsewhere) LightStream Loan For the first 120 days I was told they don't settle. After it got sent to their "Default Recovery Team". Their offer right now is about 65% so it is a nonstarter. They aren't too intense and don't bug me too much so it is a lower priority on my current list. Citizens Bank Loan They also claimed they don't settle and after 120 days it gets sent elsewhere. I talked to them a bunch before 120 days (they would call a reasonable amount), but they wouldn't budge. After the 120 day mark they basically went dark. I'm holding off on reaching back out. Discover Card: SETTLED at 40% via payment plan They were pretty flexible and easy to deal with the entire time. No problems with them at all. However they simply would NOT go below 40%. At first they were around 50-60%, then I get a letter saying at the end of the month it would be referred to an attorney (at about 120 days). Despite having Veritas I obviously would like to avoid that. I aimed for 30%, they came down to 40%. At first 40% lump sum, but I balked. We eventually settled on 30% and the last 10% via 23 month payments. I didn't mind this since it pushes my 1099C off for a couple years for this account. Citi Card 1: At 60 days they were at 60%, 90 days they were at 40%, and they haven't moved since. Now we are around 150 days. They've been easy to work with and were the first to offer legitimate settlement offers. Citi hasn't been a top priority for me, but if I can get it down to 30% I'll jump at it. Citi Card 2 (sent to GC Services): At about 115 days they sent this over to GC services, who also has been glued to the 40% mark. GC hasn't called much but when I've talked to them they've been the meanest of the group by far (CKS calls the most but has been largely friendly). As you can probably see I've had more luck with big brand credit cards than the smaller unsecured personal loans. I'll keep adding to my story as things happen so hopefully you all can learn from my experience. If you have any tips for me, please do not hesitate. I need all the help I can get.
  24. 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.
  25. 2 points
    Good job. You got the hardest part of this behind you now. I would use JAMS rather than AAA, personally, if the card agreement gives you the choice. Go to JAMS' website and download the "Demand For Arbitration" form. This is basically the same as a "complaint" form you would file in court. The instructions on how to file are on this form (last time I checked it requires sending everything in duplicate to JAMS including the Card Agreement). I would include 2 copies of the court's granted MTC as well and I would make and include simple and short cover letter (only one copy) that states you are demanding a new consumer case via court order and that the enclosed contract between the parties states that the company will pay the consumer's filing fee and ask that JAMS bill the company for the consumer's portion of that fee. I would send it by certified mail for proof to the court if needed that you filed the timely. Also send 1 copy of everything you send JAMS (including the cover letter) to the attorney.
  26. 2 points
  27. 2 points
    That article is full of incorrect information. In addition, the strategies he talks about worked fairly well 10 years ago but not anymore.
  28. 2 points
    One big question: You say you had an account with them. Did you default on your account? The rest of the post assumes you defaulted If so, it could be they have a valid claim against you, sent the wrong information by mistake, and will come up with the correct information at some point. I did have something like that happen to me once. The incorrect papers were not a fatal error. I did win the case for other reasons. Realize you are in Florida. You have to decide to arbitrate or not before you answer. If you answer you waive arbitration. Your choice is to either file an MTC instead of an answer OR file a general denial and hope you catch them unawares. Both are risky. The judge may just give them time to come up with the proper papers, and you lose.
  29. 2 points
    Wait As far as the appeal process goes, you have nothing to appeal unless and until there is a ruling against you. As for filing in JAMS, I have seen two sets of advice. One is to go ahead and file in JAMS before the hearing to prove you are serious. The other is to wait until after the judge rules on the MTC. I can see the argument on both sides. I have personally always waited until after the judge’s order. The judge always gave xxx days for me to file in JAMS and to prove I did so. It may be a good idea to at least prepare a draft of the filing before the court date. Also, what do you do if the magistrate rejects your MTC? Wasted a JAMS filing then. If the magistrate rejects your JAMS filing and rules against you, then immediately appeal to Circuit Court as is your right.
  30. 2 points
    It was an original creditor that I was dealing with and it appears they actually did what their final letter said they would do, which is delete the account from my credit reports entirely. I am satisfied with the final result to clear it off my credit reports even though it happened 3 years after it should have. If I was still in a fighting mood maybe I would have pursued the FCRA issue but the original fight 3 years ago with the magistrate case, the arbitration case, and the subsequent settlement agreement was plenty of fighting for me already. Since they finally did the right thing, I'm happy with the win.
  31. 2 points
    That's a choice for you to make. I don't want to blatantly just say another attorney's advice is wrong. But you have to weigh if a waiver of your right to sue them is worth the trouble of taking your dismissal with prejudice, contacting the CRA's and making sure the CRA's do what they are supposed to do.
  32. 2 points
    Actually, a stay is under the jurisdiction of any court, as I read the statute. It's just that a motion to compel arb, or dealing with the award after the arb has been completed, that is under the jurisdiction of a common pleas court. ORC 2711.02 B. If any action is brought upon any issue referable to arbitration under an agreement in writing for arbitration, the court in which the action is pending, upon being satisfied that the issue involved in the action is referable to arbitration under an agreement in writing for arbitration, shall on application of one of the parties stay the trial of the action until the arbitration of the issue has been had in accordance with the agreement, provided the applicant for the stay is not in default in proceeding with arbitration. Here the statute does not refer to a court of common pleas. But, as shown by MikeB35's victory here, in practical terms, it doesn't seem to make a difference.
  33. 2 points
    Impossible to know for sure. All arguments are technically supposed to be made on paper prior to the hearing date. In any event, judge may give leeway to those who are unrepresented.
  34. 2 points
    @usctrojanalum Fantastic news!!! I remember when you announced you were accepted into the law school. We're so proud of you! Congratulations and well done.
  35. 2 points
    Another good point brought to my attention is setting the amount when demanding for arb. As you go through the paperwork for JAMS you will come across a page asking for the claim, and the amount of the claim. This can be confusing for some (guilty here). *This is my interpretation and I may be wrong* So being that we are now flipping the table on the plaintiff we have to present that. For example ( Their claim against you by the Plaintiff is $2436.27, and you could set your claim amount at $2000.) A typical PDCPA Violation is $1000 In this example you could claim : Violation of state and federal credit collection laws Now, they are wondering what violations they have committed, they can fight and pay a lot of money to find out, or they offer a dismissal from court to settle. This essentially becomes the bargaining chip to put you in a decent position. ( keep in mind you can change your claim if you need to later so long as it is early in the game) *Again this is only my take, and my opinion, and I may be wrong. Just wanted to lay my thinking process out for you, or any other future readers.*
  36. 2 points
    Thanks for the shout-out on my case, Goody! I'll have to post an update on my thread soon. I haven't heard anything from the JDB's attorney for about a year. (I've actually checked the obituaries a few times). JAMS closed the case for non-payment months and months ago. The civil case remains stayed with no activity from the court since they granted my MTC in October 2017. I've learned to have the patience of a saint.
  37. 2 points
    Things I would ABSOLTELY include with my reply: 1. I would state that I DO NOT object to a 60 day stay. 2. I do not object to filling the Demand for arbitration, and in fact, already have the paperwork ready to file immediately upon granting of Defendan't Motion to Compel. I would state that I am only waiting for the MTC to be granted, as it would be improper and against common sense to file an action in arbitration when the same is part of an active case before This Court. 3. I would submit a copy of a JAMS demand. --- JAMS --- since they are so sly as to mention all of the AAA rules in their response (I am assuming some attorney breifly skimmed the AAA rules only at some point to come up with their silly response). I would make my JAMS demand an exhibit in support of point number 2 above. 4. I would get as much case law as I could on MTCs granted after the start of a lawsuit to show that it is, in fact, commonplace to file MTC when a lawsuit is filed which contains an underlying arbitration clause. And also that there is NO case law stating that arbitration must be filed first. 5. USE JAMS. USE JAMS. USE JAMS.
  38. 2 points
    I see two options here (after skimming their response): 1. reply citing Capital One v. Rotman (https://www.courtlistener.com/pdf/2012/02/09/capital_one_bank_usa_n.a._v._rotman.pdf) The responsibility for initiating arb is on the plaintiff, not the defendant. 2. They have agreed to a 60 day stay. So you promptly initiate arb and pay the fee. The court should stay the case pending arb after that. Case should be over when they get the big arb bill.
  39. 2 points
    Hello All, LVNV did file a trial de novo as expected however, I filed a motion for monetary sanctions in the amount of $3,500 for their failure to attend the arbitration hearing and they immediately filed a request to dismiss the case. Hmmm, I know they will be back and if not them one of the other pretender debt collectors with phony assignments and BS. When they rear their ugly heads I will be ready. Good luck to all of you and may God Bless you and your Journey with these lying thieves. LVNV Request for dismissal .pdf
  40. 2 points
    Arbitration is very informal. Many people just type up an email with these things. I, personally, format them in the Federal Court format just as a way to dab on the opposing attorney Timing is the most important aspect, however. If you don't have time to do a formal format, just put it in the body of an email.
  41. 2 points
    Just assume they have enough to win (they almost always do these days) and use the arbitration strategy to make them dismiss the lawsuit. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
  42. 2 points
    If the plaintiff has sent you discovery, you need to answer it, but in a particular way so as not to waive your arbitration rights. You need to OBJECT to them all, citing that arbitration has been elected, and the scope of discovery is to be determined by an arbitration forum.
  43. 2 points
    Yes, in my arb case in a muni court, I noted that as well. So I styled my motion as a Motion to Dismiss, or in the Alternative, to Stay Pending Arbitration. The case wasn't dismissed but was stayed. You definitely want to ask for a stay, since Ohio law makes a stay mandatory if there is a valid arb clause. But, in the years since, a number of posters here in Ohio have filed MTCs in muni courts, with success. It apparently doesn't make a difference.
  44. 2 points
    UPDATE: Well, the attorney met me in court yet again and the judge wanted to know what was going on with this case and mentioned that this is the longest case he had ever had regarding a debt collection. The attorney blabs on about how I agreed to pay the full amount of the filing fees and also said that it didn't seem fair that they had to pay $1250 and I only had to pay $250. Haha. That made me laugh a little. He obviously ignored every piece of mail that I sent that had the JAMS rules and fees. The judge took some time to read the letter the attorney sent and my response. Then he asked how much was in question, which was ~ $950. Then he asked for the credit card agreement, which I gladly gave him. I had a notarized affidavit, and he told me that didn't matter, that I'm not allowed to certify anything. Don't really know what that meant. Then the attorney stated that I got that agreement off some bogus website, and who knows where I got that. The judge asked PRA if he had an agreement, and the attorney said no. Then finally, the judge told the PRA attorney, "I hate to say this, but the language in this agreement says that if the dispute is under $75,000, then the consumer pays their portion of the filing fees, which in this case is $250. No where does it say that the consumer has to pay 100%, and I don't recall the defendant saying that either. So you can decide to proceed with arbitration and pay the filing fees and hope to recoup some of that money back, but I'm not sure if that's what you want to do when the dispute in question is $950. Or you can dismiss this case. You have 60 days to pay the filing fee or this case will be dismissed." Although the way he worded it made it sound like he was apologetic to the PRA attorney because it was out of his hands. This is the judge that does not like me, and questions every piece of document I submit. Anyway, YAY!!! Thank you all for helping me through this case until the very end. I'll still need to wait 60 days to see what this PRA attorney does, but crossing fingers he won't pay, then I can request a dismissal after that period is over. I've been fighting this guy for over a year. I appreciate all the advice here, and the confidence you've given me! I think I've had 6 cases go to court, two I had to settle until I found this board, and now, this is my 4th that I've been able to get dismissed thanks to everyone's help. However, each time I get one dismissed, I seem to get another letter in the mail. My backstory is basically a family medical emergency which cost us our whole life's savings, and in order to stay in our home and have food, we had to stop paying on CCs. Trying to slowly climb back to where we used to be, so I really am grateful to the people that help with their experiences and strategies and advice. It has made such a huge difference!
  45. 2 points
    Sued by cap one for over $20k in 2013. Won today after 6 years. Thank you to this website and don’t give up!
  46. 2 points
  47. 2 points
    Are you telling us that courts have ruled that patients get to keep $1.5 million that an insurance company intended to be paid to a medical provider? If i have that correct, please post one of those rulings.
  48. 2 points
    @Vinsey I noticed you're being sued on a sworn account cause of action. Here's creditor lawyer's article on TN sworn account, followed by a blurb from a legal self-help booklet: SWORN ACCOUNTS UNDER TENNESSEE LAW: WHY, WHEN, AND HOW? "Sometimes, a creditor’s lawyer will file an action against a borrower as a “sworn account.” These are basically lawsuits on steroids, but they aren’t as common as you’d expect. This device is allowed by Tenn. Code Ann. § 24-5-107, titled “Sworn accounts; denials,” which states that an action that is filed “with the affidavit of the plaintiff or its agent to its correctness…is conclusive against the party sought to be charged, unless that party on oath denies the account…” There’s an exception under § 24-5-107(b), that allows a court to accept an oral denial of the sworn account. The reason behind sworn accounts is to make the debt collection process easier, especially on debts where there is no dispute. It shifts the burden of denial to the defending party. Some courts treat these like a “procedural trap;” faced with a properly authenticated and sworn account, the defendant who doesn’t present a proper sworn response will automatically lose. One Court has said: “[t]he statute is quite clear that in the absence of a sworn denial the plaintiff is entitled to judgment on the sworn account.” But, when a sworn denial is filed, the burden shifts back to the plaintiff to support his claims with actual evidence at the trial, i.e. the sworn account becomes a moot point. So, when and why would you proceed on a sworn account? Primarily, I file them when I’m before courts that don’t have a “free continuance” Local Rule, like Davidson County. That way, if I show up and have my witness with me at court, I’ve got some proof of my claims with a sworn account. Some lawyers file them hoping to set the procedural trap, hoping the other side will neglect to file a “Sworn” Answer, but that seems sneaky (but, it’s supported by the caselaw). Other than the extra step involved (preparing and filing an Affidavit), there’s not any downside to proceeding with a Sworn Account." SWORN ACCOUNTS AND OTHER DEBTS "An account may involve a credit card debt or virtually any other type of debt. Legal proceedings typically involve “sworn accounts” where the creditor uses an affidavit to prove the debt and not testimony in person. Suits based on sworn accounts are governed by Tenn. Code Ann. § 24-5-107. See also Tenn. Code Ann. § 24-5-104. The only effective response to a sworn account is a sworn denial, that is, a written denial executed under oath and filed with the court. Any other response (an unsworn answer, even an appearance by the defendant without a written answer) must be ignored by the court and will result in automatic judgment for the plaintiff. Once a sworn response has been filed, or if no affidavit is filed by the creditor, the burden is upon the creditor to prove the debt, usually by testimony in person."
  49. 2 points
    @Vinsey I was able to find the 4/2016 Barclays agreement in the Archived Q1-2016 file. The affidavit claims "...there was due and payable from VINSEY S. ("Debtor and Co-Debtor") to the Account Seller the sum of $2,948.88 with the respect to account number ending in 7968 as of the date of 3/30/2016..." https://www.consumerfinance.gov/credit-cards/agreements/ Archived Q1-2016 agreements https://files.consumerfinance.gov/a/assets/CCADB_Snapshot_2016_Q1.zip Archived January 2016 agreements https://files.consumerfinance.gov/a/assets/CCADB_Snapshot_2015_Q4.zip
  50. 2 points
    Excellent. It sure is peculiar how the naysayers are as far away as they can get every time someone wins in court but when you say you want to fight a JDB in court all you hear is, "Those outdated tricks don't work anymore" "These days they demand all the documentation they need from the OC and all states have adapted to the 'adoptive records doctrine' "or "You can no longer win if arbitration isn't an option and everyone in the courtroom knows you owe the money so you should just work out a settlement."