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

  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
    @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.
  8. 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.
  9. 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.
  10. 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!
  11. 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.
  12. 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.
  13. 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.
  14. 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.
  15. 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.
  16. 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
  17. 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!!!!
  18. 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
  19. 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.
  20. 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.
  21. 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!
  22. 2 points
    I agree. I believe this was discussed in the past based upon rules of civil procedure. If one’s court rules state that the filing of an answer precludes a voluntary dismissal without the permission of the court or the defendant, it is best to file an answer along with a MTC arbitration.
  23. 2 points
    It's a stipulated dismissal, correct? They want you to sign it and send it back? I would email the attorney and say you received their stipulated agreement offer and that you would be willing to stipulate to a dismissal with prejudice. I'm not sure why everyone thinks this is over. It's just a settlement negotiation. You are free to tell them what your terms of stipulation are. But forget about this "removal from credit report" nonsense. I NEVER advocate for that, as a dismissal with prejudice can be used to handle that later and it just muddies the water at this point. You have them on the ropes. They have to get a stipulated agreement from you to dismiss because you answered and filed an MTC. They can not just drop it by themselves and this is why they are asking you to sign this. Counter.
  24. 2 points
    I understand there may be watchful eyes, I just want to make sure to paint a correct picture. First and foremost make sure to read up on your local court rules and procedures, thats pretty much step one. This will inform you on your timeline and proper procedures. After you have established the above step, it may be a good idea to search other cases in the forums similar to yours. (I.e. the JDB, and state.) Many of the community members are very knowledgeable, and extremely helpful in assistance with drafting up your answer. Keep in mind if you do post your drafts in your thread to redact any and all information pertaining to you personally or your case# etc. It is a nerve wrecking process, however many of the methods in defending yourself are battle tested. Just take your time, breath, and be sure to read, then read again over everything you type up.
  25. 2 points
    You’re not an idiot. We all, myself included, can overlook details. I still do it even though I’ve been on this site for years and should know better. 🙄
  26. 2 points
    That seems to be an understatement.
  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
    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.
  29. 2 points
    Did you request discovery from them this time? If not, they will say "defendant never requested anything" and then present all of the evidence you never requested.
  30. 2 points
    Absolutely. We saw this when they were tying to use the "small claims" argument when cases were filed in our Justice Courts. Once a couple courts rejected it, they moved on to something else.
  31. 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.
  32. 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.
  33. 2 points
    Just an update for the rest of the folks, Midland's attorneys contacted me as soon as they received word about me filing AAA. They want to settle before arbitration begins. Obviously, my terms are dismissal with prejudice amongst other things. Should hear back by the end of the week. Will notify everyone when I have another update available.
  34. 2 points
    "This is essentially like you are now "suing" the JDB, only in arbitration instead of court. Think of it just like that. You would not file a lawsuit against yourself, so do not do it in arbitration. I would never mention THEIR claims against me, nor the debt in any way. Instead, I only file MY claims against the JDB. Do not worry at this stage about the details of your claims because this initial claim is allowed to be changed, added to or dropped at any time before an arbitrator is assigned to the case (and even after, you can still make changes with the arbitrator's permission). If you have nothing very strong with proof against the JDB, I would file with something such as "violations of state and federal consumer debt collection laws" or perhaps, "Violation of the Fair Debt Collection Practices Act", etc. Or even a simple "Billing dispute" will do if you have no violations of law against them. Again, it doesn't need to be more detailed then that at this stage and if your claims never pan out, you have the ability to drop them later (or you may find NEW claims to add if the JDB violates the laws during the ongoing case)." @AlawsoabA1221 Many state consumer protection laws mirror federal laws but with much lower monetary awards. If you have (ahem) plausible violations of both, you should add in the state's penalty award, too. Let's ask @fisthardcheese if he could kindly explain further this quote from his epic arb thread: "(or you may find NEW claims to add if the JDB violates the laws during the ongoing case)."
  35. 2 points
    Just FYI to anyone filing arbitration with AAA in California. You will need to include the entire card contract/agreement, and not just the arbitration section.
  36. 2 points
    They both apply, but A is the one that gives you the AZ statutory right to arbitration. D just means the court has to stay the case, but this is automatic so citing the rule isn't necessary.
  37. 2 points
    From my personal experience with arbitration, any issue that involves the failure of the Respondent's attorney to adhere to AAA's rules should be addressed in the form of an objection. If the Respondent was required to submit these documents within a certain period of time, I would go so far as to object to the documents being allowed into evidence because the Respondent missed their deadline.
  38. 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.
  39. 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.
  40. 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.
  41. 2 points
    Notice where they say "To be clear, Discover does not oppose..." Discover? They copy/pasted this from another case!!!!
  42. 2 points
    Small claims in Wisconsin can be very different from county to county and even case to case within the county. In most situations, the magistrate or some other facilitator wants to get the case off the docket NOW. They have a rather heavy load. Sending the case off to arbitration gets the case off their load. I would suggest going into the hearing with a MTC in hand, and of course a copy for the opposing counsel. If possible, file this at least a few days before the hearing, and send a copy to their attorney CMRRR, so they can't claim they didn't get it. Trust me, if you do NOT send it Certified Mail Return Receipt Requested, many law firms will just claim they never got it, and that puts a burden on you. If you go into the hearing with the MTC, better yet if you have sent it in advance, then all the magistrate has to do is rule on your MTC on the spot. If you have written out a good one, then he won't listen to their complaints. Unless the magistrate just feels like ignoring the law. If that happens, you can appeal to Circuit Court. The advice of @firsthardcheese is not bad advice. It's just that if you have an MTC ready for action before you are even served, you can get this case over with at the initial hearing date. EDIT TO ADD: That, of course, assumes you can get an MTC ready in time. If you can't, ask the magistrate at the hearing for some time to prepare one.
  43. 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!
  44. 2 points
    Sometimes they object, sometimes they don't. Don't worry about it and just move forward with initiating arbitration with AAA. They will dismiss once you pay the $200 filing fee, if not before.
  45. 2 points
    Synchrony has the best arbitration clause, so just wait. If they sue, we will help you file a motion to compel arbitration and they will fold.
  46. 2 points
  47. 2 points
    I happen to disagree that JAMS is the best choice. Their consumer fees are a little higher, but more importantly, their rules are leave room for the possibility that you could get stuck with your opponent's arbitration fees. AAA, on the other hand, is crystal clear that the business's fees can never be reallocated back to the consumer when the consumer elects arbitration to settle the business's claims. In the case of a JDB, it's almost certainly a moot point since they have always dismissed as soon as the court orders arbitration and the consumer pays the filing fee.
  48. 2 points
    CALAWYER!!! WELCOME BACK!!!
  49. 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.
  50. 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!