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Showing content with the highest reputation since 02/04/2019 in all areas

  1. 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
  2. 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.
  3. 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!
  4. 3 points
    So a few years ago I got into some financial trouble. I found this site, and it helped me immensely. I won 3 court cases, I sued Gold's Gym for collection violations, and I have been cleaning up my credit. I was at an all time low of 430. I protested every negative on all 3 credit reports. some things were removed, some were not. Some I had to wait until they dropped off after 7 years. But, last week I decided to refinance my house. I thought my score was pretty good now, so thought I'd get a decent % rate. eh, todays market, it was 4.2, but still better than the 5.6 I've been stuck with for 10 years. My credit score came back at 840! Pretty much cart blanch if your trying to get credit. I do have a couple of credit cards, with like 15k limits, but I won't go down that road again. If I have a major purchase I won't use it unless I have a plan to pay it off in a month or 2. I carry a low balance on my main card so it reflects well with payments, etc without getting socked for huge interest. Just wanted to revisit, and let others know this site is a wealth of info if your willing to invest the time. Thanks to all those that contribute! Oh my new house payment is 350.00 less per month, and will be paid off 2 years earlier. So even though I didn't get the low rates of a few years ago, it was still worth it.
  5. 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.
  6. 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.
  7. 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!
  8. 2 points
    Please see this thread from a poster in Ohio. I have included a step by step outline of what needs to be done, and when.
  9. 2 points
    This was such a great idea. Looking occupied likely made you seem much more prepared. Congratulations on your victory!
  10. 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."
  11. 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
  12. 2 points
  13. 2 points
    For the same reasons that no politician was ever elected because they are soft on crime; no politician ever got elected because they were a champion for the consumer debtor. Those constituents just do not have powerful lobbies. Every once a while a local news station will run a story about how some poor consumer is getting wrongly worked over by a state toll company or a collector for a municipal debt; that gets that persons situation righted and a promise that such conduct will not happen in the future, but usually those are just illusory promises.
  14. 2 points
    Went to court on Monday and it was Dismissed Without Prejudice. So I assume it will be coming back around again sometime but glad it is over for now. I went to the courthouse and the Opposing Attorney, of course not the same lawyer on all the documents, arrived and tried to get me to settle. Slight discount at a lump sum or full amount over time. I told him no, we are going to trial and he left me along while we waited. I pretended to read my notes and wrote down a few things so he wouldn't try to talk to me again. I like to think I scared him by looking all prepared. LOL We went into the court room and he stated they were dismissing the case without prejudice and that was that. Thanks for all the help, there is a lot of really good information in this thread!
  15. 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."
  16. 2 points
    Very well said! I would only add to remember that this is a business deal. Yes, it is personal to you, but it is not personal to anyone else (not the court, the judge, the attorney or the clerks). Come at this as a business deal. When talking to the attorney in court, keep it calm and collected and professional. Let him know that you understand he is just doing a job for his client and that he isn't trying to personally stick it to you (or vice versa). Once you file your MTC, depending on your local court's rules, they MAY not be able to non-suit or drop the case without your agreement. But for sure once the MTC is granted, that will hold true. So, if you work this with the goal of just getting that MTC granted by the judge, you will do well. Also remember that once you file an MTC, everything about the account and alleged debt becomes completely irrelevant. You are flipping a switch that puts the debt conversation on hold and changes it to a question of whether arbitration is proper or not. The ONLY question that should be decided by the court after your MTC is filed is whether or not there is a valid arbitration agreement between the parties. If the court finds that there is, they have no choice but to order arbitration. Many times the attorney will attempt to cloud this issue by continuing to bring up the debt with your and with the court, but all you should do is object to that and gently steer the conversation back to arbitration.
  17. 1 point
    You just described the typical small claims court anywhere. The exact same thing goes down in GA Magistrate courts down to the court room set up with conference rooms off to the side for attorneys to intimidate unknowledgeable and scared consumers into consent judgements. We are used to this. It's how it goes. Just show up to your next hearing and try to push the MTC. Now that you have actually filed it, that should at least be something the judge will look at.
  18. 1 point
    I already have another question. The Credit Card Agreement I have was sent to me by the Plaintiff. I have attached it and wonder if anyone can explain what I have highlighted in yellow about Small Claims Court. I am specifically being sued in "Civil Court of New York." Thank you again :)
  19. 1 point
    This is what the Discover agreement has to say about arbitration fees: "Fees and Costs. If you wish to begin arbitration against us but you cannot afford to pay the organization’s or arbitrator’s costs, we will advance those costs if you ask us in writing." It doesn't say anything about if they file a claim against you, so in light of the above quote, I would assume that means they will automatically pay your fee. If not, I would ask them to in writing. I'm sure Discover has an internal policy that when they have sued you, they cannot talk to you. Your only point of contact is the lawyer. The only time talking to the lawyer is a mistake is if you have diarrhea of the mouth. As long as you can say "I'm not going to answer that question right now", there's no reason to not talk to the lawyer.
  20. 1 point
    AAA has no rule prohibiting joinder of claims. Citi combined two lawsuits into one AAA case despite my protests. I believe JAMS rules are also silent on the issue. Edit: i was sued by Citi, not a JDB. If the two cases are different OCs, you might be able to argue joinder is not appropriate because there is significant difference in the subject matter of the debt (one is a general use VISA card, the other is a store card, something like that) but honestly i would expect this argument to fall flat since both debts are owned by Unifund and the purpose of the debts is irreverent at this stage of the game. Even though i believe they could join them, i really think they'll walk away instead.
  21. 1 point
    What you are missing is that California has different rules than the other 49 states when it comes to debt cases and JDBs. A witness might be required in California but in the other 49 states, affidavits work just fine.
  22. 1 point
    Interesting that you assume I have never had to make that decision. I did when the recession hit. The major difference is I OWNED my part in it for not having enough savings set aside and living beyond my means. You lost my respect when you called AMEX scum for merely exercising their legal right. Nothing more than a business decision after all. You are not looking for a reasonable way out. You want to avoid paying and clean credit. Well you don't deserve it. Not that it really matters but you have ZERO knowledge of what AMEX does pay and write off. They are multi billion dollar company that is in no danger of going under from fiscal mismanagement. AMEX is not spending $100k on an appeal. That number is way over exaggerated from the now defunct DB boards. And why are they spending any money on an appeal? Oh that is right, a consumer who filed a frivolous one trying to get their own way. Makes sense. They are scum for trying to collect money they advanced to the consumer but the consumer is a saint for forcing them to spend unnecessary money for trying to collect. Got it. So is the cost of litigating and arbitrating collection cases. What is your point? Own how you got in this mess or you will be there again.
  23. 1 point
    Not necessary in Ohio. The plaintiff here is a JDB, and JDBs can't use small claims court in Ohio.
  24. 1 point
    If your court offers a sworn denial form, then I would have to believe that covers it pretty well. Not necessarily. I don't usually put much stock into the contractual choice of law because you can still be sued in the county where you reside and most courts do not recognize SOL as being a procedural - whatever the heck they call it. Basically they find ways to apply your state's SOL anyway.
  25. 1 point
    For future reference, the top #1 argument I would make in GA is that the doors of the courtroom say Magistrate Court and do not say "Small Claims Court". I feel that is the best shot, as those other arguments are more weak. Also, using the De Novo appeal ability in GA is always the backup for if this kind of argument fails. De Novo means you can appeal to State Court for any reason at all and the case starts over as if the Magistrate Case never happened. I would file the appeal and as soon as I got a State Court case number, I would immediately file the MTC in that higher court rendering all talk of "small claims exceptions" moot.
  26. 1 point
    This is great information as always @Brotherskeeper!! It looks like in addition to the Affidavit for the Card Agreement, OP should also file a Sworn Denial signed by a notary as well. Because of this language and TN law, I might also consider include wording in my affidavit for the card agreement that states something such as: "Although I affirm I once held an account with Barclay's Bank, I deny that any amount is owed and due as asserted in the Plaintiff's Complaint to XXX Court dated XX/XX/2018"
  27. 1 point
    That means you don't have to leave it at the phony address. You weren't supposed to before, but judges gave leniency to the JDB if you didn't. Now there is a Supreme court backing for not doing that. Good for CA.
  28. 1 point
    @Vinsey The terms quoted below are very important and aren't found in the arbitration section. If I were in your shoes, I'd include the entire agreement. I'd also check your court rules to see if it's even allowed to attach only a part of an agreement. "Assignment. We may at any time assign or sell your Account, any sums due on your Account, this Agreement or our rights or obligations under this Agreement. The person(s) to whom we make any such assignment or sale shall be entitled to all of our rights under this Agreement, to the extent assigned. Governing Law. THIS AGREEMENT AND YOUR ACCOUNT WILL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE AND, AS APPLICABLE, FEDERAL LAW."
  29. 1 point
    Yes, this is perfect. After you go through the steps of starting arbitration PRA should agree to dismiss. Just remember that with your signed order, you are now in a position of leverage over them. If this were me, once they want to give up, I would give them the offer of paying me $200 (my costs to AAA) and to dismiss the court case with prejudice in exchange for dismissing my AAA case against them with prejudice.
  30. 1 point
    This 2018 white paper on SOL from the National Consumer Law Center has some excellent information: Shortening the Limitations Period on Credit Card Collection Lawsuits The standard rule is that a limitations period begins to run from the date of default. How this applies to a credit card transaction is not always clear. If the claim is based on an account stated, the limitations period should run from the last transaction listed on the account stated. See id. § When the claim is based on a breach of contract, state law or the credit card agreement may have language related to when the card account is in default. If the card agreement states default is based on a failure to make a minimum payment, then the limitations period should run from that missed payment. Other card agreements provide that upon a missed payment, the card issuer may declare the balance immediately due and payable. Card issuers or debt buyers in that case may claim that the declaration that the balance is due immediately was not made until the collection lawsuit was initiated. Of course, this argument fails if the card issuer did in fact demand payment in full at an earlier date. Moreover, the Arizona Supreme Court, confronted with this language in a credit card agreement, has just ruled that the limitations period should run from the first missed payment. See Mertola, L.L.C. v. Santos, 2018 WL 3595915, at ¶ 18 (Ariz. July 27, 2018). The Arizona Supreme Court stated: Determining the Date of the Consumer’s First Missed Payment To determine the date the consumer first missed a payment, start with the collector’s own pleadings and any attached documents. Even if the collector is claiming a later date of default, its own pleadings, affidavits, and other documents may indicate an earlier date of default. Never underestimate the sloppiness of debt buyer documentation. The date on which a consumer stopped payments on a credit card account can also be inferred from the charge-off date, if the collector provides that date in any of its documents—something collectors do surprisingly often. The charge-off date, under federal standards, is 180 days after the account becomes delinquent. Thus, a reasonable assumption of a delinquency date is 180 days before the charge-off date. Another approach is to look at the consumer’s credit report to determine the last payment on the account reflected in the report. Do not confuse the charge-off date, which may be indicated there as well, with the date when the consumer stopped paying. Be alert to certain collectors seeking to “re-age” a debt by reporting an incorrect date of first delinquency, which is a potential violation of the FCRA (albeit without a federal private right of action unless first disputed with the credit reporting agency), as well as the Fair Debt Collection Practices Act. See generally NCLC’s Collection Actions § on proving the date of default.
  31. 1 point
    I would only be concerned about your appeal at this point. As a matter of law, your appeal should succeed and render all of the garbage they just threw at you moot. If the deadline for responding to these discovery requests gets close and you have not received a response to your appeal yet, then I would file a request for a 60 day extension to respond to discovery due to your pending MTC appeal. I would ask for 60 days, because I would expect the judge to cut in half whatever time you ask for.
  32. 1 point
    Ask for a stay only and choose JAMS. Since it looks like you already mentioned JAMS in your MTC, then that is fine. I don't think this is that imperative to choose one and mention it in the MTC, as I think it would be fine to just have a copy of the JAMS Demand form filled out and brought to court so if any question as to choice of arb forum comes up (or if the other side brings up something about you not filing yet or you not being serious about wanting arbitration) you will have the form ready to go and can show the judge you are ready to file now and are just waiting for the MTC to be granted by The Court. In fact, even though you have already mentioned JAMS in your MTC I would still bring 3 copies of that JAMS Demand form to any hearing you may have regarding arbitration for the other reasons stated. A stay, IMO, is better than a dismissal at this stage because it keeps the court's thumb on the Plaintiff to force them to either pay for arbitration or to work with you to settle under your terms. Having the court to fall back on when they ignore or refuse to pay the arb bill keeps the leverage on your side to eventually dispense of this case in your favor.
  33. 1 point
    I would send a simple DV letter: "I hereby dispute this alleged debt. Please validate." Start researching legal strategies now. One: arbitration. Two: SOL, re a borrowing statute. I think there is a CA case Resurgence v. Chambers (I think that's the case??) that asserts that CA borrows other states' shorter SOLs. Is Barclay based in Delaware? If so, SOL there is 3 years.
  34. 1 point
    Yes, that format should be loosely followed. Your potential motion will not be nearly as complex as that one however. Maybe try and find a New York one.
  35. 1 point
    Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter. Plaintiff has a copy of the applicable agreement that governs the account at issue. That better?
  36. 1 point
    It's really not a bad business model when you think about it. They go down and file 500 lawsuits in one time one time, and 98% of those are default judgments for $150 in their pocket. It far more than makes up for the 2% of the time they run into an a-hole like me.
  37. 1 point
    I wasn't suggesting the guys should go rogue. I was responding to your comment that the booter lawyer is chosen to represent the losing team in a forfeit because he has the least experience. That makes no sense. They would tell him to have a crack at it to get some time behind the wheel since he's already driven 4 hours to get there. And he might win it. It's far more likely the guy that showed up has zero affiliation with the law firm of record, and since they have no vested interest in his career, he's got orders to settle and get 5%, or dismiss and get $20.
  38. 1 point
    thank you again @Brotherskeeper for helping me and I promise to stop being a loon!
  39. 1 point
    Typical clydesmom hypocrisy. Again recommends that someone should use discovery to defend themself in court after repeatedly proclaiming that if I recommend the same to Texans then it is "bad advice" that will lead them "straight to judgment" and to boot abandons them upon asking a fully legitimate question after denouncing me for leaving someone hanging who refused to follow my instructions. What county are you in and which law firm filed the suit? Ask the court clerk how they prefer you to go about requesting approval to begin discovery. Some will just say to go ahead and proceed. Here is my motion if that is what they need. I will PM you the discovery in case they ask to see it during the approval process. MOTION SEEKING COURT'S PERMISSION TO CONDUCT DISCOVERY Comes now, Defendant ______________ and files his (or her) Motion to request permission from the honorable Court to begin Level 1 discovery pursuant to Texas Rules of Civil Procedure Rule 190.2 and Rule 500.9 Defendant hereby asks to send Plaintiff Request for Disclosure (pursuant to TRCP Rule 194), request for admissions, production of documents, and interrogatories relative to how Plaintiff intends to prove up the assignment of the alleged debt they claim to own which is the subject of the lawsuit. Defendant asserts that Plaintiff lacks standing to bring forth this lawsuit; therefore discovery is reasonable and necessary in order to develop his (or her) defense and to minimize taking up the Court's valuable time. PRAYER Defendant prays that the honorable Court grant his (or her) Motion For Permission To Conduct Discovery and grant Defendant any other relief that he (or she) is entitled to.
  40. 1 point
    BBB shows the same company with both addresses and a few more as well.
  41. 1 point
    This has been an argument TNC drivers have made since day one. To date it has never been sustained. And Uber has become much more 'driver friendly' as a result of the complaints, by the way. I drive for Uber and a couple other TNCs and I personally don't agree with the complaint. Among other things, no one tells you where or when to work. It's *the* quintessential definition of contractor. In contrast, I also deliver for a Domino's on occasion. They do tell you when and where to work, and in that capacity, I'm an employee and not a contractor. As such, I can expect employee benefits if I were to work there more than 40 hours a week. My experience has been that the drivers that cry about Uber didn't realize all of the ramifications of being self employed when they started out.
  42. 1 point
    Oh, half of those were me. Just kidding. 😀 Uber won't, but Banks will. I can see other companies like Uber, Cable Companies and Cell Phone providers removing arbitration, but I can't see the Banks ever doing it unless absolutely forced.
  43. 1 point
    UPDATE: Just got back from my hearing on my Motion to Compel Arbitration and Plaintiff's Motion for Summary Judgement. Judge granted my MTC and gave me 60 days to pay the $200 filing fee. We have another hearing in April and as long as I have paid the $200 filing fee, the judge is closing the case. Judge said, "I am asking this as a compliment, are you an attorney by trade and if not what trade did you study?" Me: (laughed) and said no I am not. I have an Associates in Accounting but I stay home and raise my kids. @fisthardcheese @Harry Seaward and everyone else on this forum, I owe a big shout out to you for receiving this compliment! Definitely couldn't have done ANY of this without everyone's help on here! I will be forever thankful for all the help from everyone here!
  44. 1 point
    In your response to summary judgement, I would point out that a hearing was held regarding Defendant's Motion to Compel Arbitration in which the Plaintiff failed to show up for causing this Court to reschedule said hearing and that if Plaintiff had no objection to arbitration, they could have responded to the AAA, the Defendant or This Court, but they failed to do so. I would point out that the arbitration case can be reopened at any time and it was only closed due to the Plaintiff failing to show up for a scheduled hearing and causing additional delay on this matter. I would point out that now that Plaintiff has made it clear that they do not object to arbitration, that we need not use up the Court's time and cancel the upcoming hearing and ask that The Court grant Defendant's MTC and Deny Plaintiff's Summary Judgement as irrelevant due to the subject being a matter for arbitration only. Who cares. He probably gets more frustrated at having to reschedule hearings because someone is too timid to assert their rights. This is not the judge's case to defend. YOU must do the work. This judge did everything he could possibly do to get you to ask for a dismissal or for a directed verdict and you were worried about hurting his feelings? This is his job.
  45. 1 point
    The coup de grâce (my personal favorite).
  46. 1 point
    Hi Gotasha, Thanks so much for sharing your arbitration journey. Like you, I am dealing with Harris and Zide in CA, and the JDB is LVNV. My debt is also a little less than $2K. Your story gives me hope that despite their rudeness and bravado, Harris and Zide/LVNV will not pursue such a small amount all the way through arbitration. I am wondering if you can share more about how you got to judicial non-binding arbitration. Is this what you asked for, and if so, at what point in the legal/court process did you do this? I ask, because I'm still within the 30-day response period where I could ask LVNV to verify the debt and where I'm thinking of inserting the language that I opt for arbitration. I'm counting on the JDB to back off due to the cost of arbitration and offer me a settlement closer to what I can afford. Any thoughts or advice you can offer would be much appreciated!
  47. 1 point
    Wisconsin Arb Statute Looks like you follow Federal Guidelines. Was this your first hearing/conference? Seems like judge messed up.
  48. 1 point
    Thanks for your help, BV80 and Clydesmom... Update: I went to the courthouse and took a look at the case and nothing had changed, both the original judgment and the renewal of judgment were still both dismissed and no new info added. I then retained the attorney that helped me get the original case dismissed and he was more than happy to take it on. He says this is as much of a slam dunk case as they get as Winn Law Group and Galaxy Portfolios have no defense to trying to collect on a dismissed lawsuit, especially AFTER I sent them proof that both were dismissed and they responded by saying they didn't care and that they were going to go ahead with collections anyway. We'll see but it sounds pretty promising and I'll let the board know how it all shakes out in the end. P.S. I also filed complaints against Winn Law Group and Galaxy Portfolios with the California Attorney General's Office and the Consumer Finance Protection Bureau (arm of the FTC) and after the case concludes, I plan to file a complaint with the California State Bar Association against Winn Law Group for knowingly and willfully performing an illegal act.
  49. 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.
  50. 1 point
    I wanted to give an update on my case. I had my CMC towards the beginning of December, and as others have said, it lasted maybe a minute long. A local lawyer sat-in for the JDB's firm; the judge asked if a date near the end of March was o.k. with both parties, we both agreed, the lawyer asked if I was a lawyer or the Defendant, for which I answered, and that was the end of it. I laid low until the 45 day mark came, and after looking at everything I had received for the case, I had noticed that the Plaintiff had originally asked for the trial to be no earlier than June. I figured that was due to their case load, so I decided my best plan for attack was to lay-low as long as I could. The Plaintiff's attorney had also sent in their CMC statement a little late, so this fed into my decision making process as well. I waited until day 35 to send off the DISC-015, hoping that they had forgot about me. I knew this would give me less time to possibly subpoena a witness along with everything else that needed to be done, but again, I felt this was my best chance. When I received a response from the attorney around the 20 day mark, it came in a single-letter envelope, which I figured was them trying to pull a fast one on me pivoting to who-knows what. It turns out it was a Request for Dismissal Without Prejudice. I have been checking online for the past week for my case to be updated online & today it was finally updated as Dismissed. I'm still in shock honestly, but beyond grateful. I want to thank @calawyer, @RyanEX, @sadinca & @gradys for all helping me with my responses & for their advice along the way. I also want to thank everyone who has posted their experiences on the site, as I have read through so many of them as well to try & build a knowledge base along the way. I would never have been able to accomplish this outcome without this site, and I can't thank everyone enough for their help & knowledge-sharing. I know a lot of people have been a lot more prepared, and filed a lot more paperwork to get less favorable results, so I know how lucky I am to end-up with this result.