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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
    @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 just want to thank everybody who helped with my husband's case Especially Fisthardcheese. The case was dismissed without prejudice. I wanted it dismissed with prejudice but I'm just happy it's over.
  23. 2 points
    Don't over think it or try to guess their reasons why they do this or that. Just go with the facts here. The facts are that they need your stipulation in order to dismiss and they clearly want to dismiss the case. This gives you a perfect opportunity to tell them you are willing to work with them on a dismissal with prejudice. Make the email very concise, simple and to the point. The worst case is they say no, and then you can choose to accept the dismissal without or to continue and force the MTC hearing and then try to settle again for what you want after MTC is granted. But I feel that the odds are in your favor to get the dismissal with prejudice.
  24. 2 points
    HENRY SCHEIN, INC. v. ARCHER & WHITE SALES, INC; Jan 2019 https://www.supremecourt.gov/opinions/18pdf/17-1272_7l48.pdf
  25. 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.
  26. 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.
  27. 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.
  28. 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. 🙄
  29. 2 points
    That seems to be an understatement.
  30. 2 points
    I'd say if you haven't read it, go ahead and make suggestions on problems you feel are present with the current FDCPA. There's also a lot of recent court cases in there you can do a word search on, such as Santander. It appears they're also trying to update and standardize the FDCPA definitions, instead of relying on court cases with varying results depending on location. Technological changes in the way we communicate since the law was written in the 70s are also addressed. Their summary- Establish a clear, bright-line rule limiting call attempts and telephone conversations: The proposed rule generally would limit debt collectors to no more than seven attempts by telephone per week to reach a consumer about a specific debt. Once a telephone conversation between the debt collector and consumer takes place, the debt collector must wait at least a week before calling the consumer again. Clarify consumer protection requirements for certain consumer-facing debt collection disclosures: The proposed rule would require debt collectors to send consumers a disclosure with certain information about the debt and related consumer protections. This information would include, for example, an itemization of the debt and plain-language information about how a consumer may respond to a collection attempt, including by disputing the debt. The proposal would require the disclosure to include a “tear-off” that consumers could send back to the debt collector to respond to the collection attempt. Clarify how debt collectors can communicate with consumers: The proposed rule would clarify how debt collectors may lawfully use newer communication technologies, such as voicemails, emails and text messages, to communicate with consumers and would protect consumers who do not wish to receive such communications by, among other things, allowing them to unsubscribe to future communications through these methods. The proposed rule would also clarify how collectors may provide required disclosures electronically. In addition, if consumers want to limit ways debt collectors contact them, for example at a specific telephone number, while they are at work, or during certain hours, the rule clarifies how consumers may easily do so. Prohibit suits and threats of suit on time-barred debts and require communication before credit reporting: The proposed rule would prohibit a debt collector from suing or threatening to sue a consumer to collect a debt if the debt collector knows or should know that the statute of limitations has expired. The proposed rule also would prohibit a debt collector from furnishing information about a debt to a consumer reporting agency unless the debt collector has communicated about the debt to the consumer, such as by sending the consumer a letter.
  31. 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.
  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
    "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
    There is nothing that would make any difference at this point. The Federal cases should work. It is extremely rare for someone to be denied arbitration in Wisconsin. There ARE some state cases I know about which ONLY come into play AFTER arbitration and when they are trying to confirm an award, but those cases may have been superceded by the US Supreme Court decision. In other words, just use the Federal case law now.
  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
    1692c (c) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. Did you send a C&D and they continued to call you? That would be an FDCPA violation, for the 9000 time. You already asserted "FDCPA violation" in your demand, so your brief should include this part of the FDCPA as what they violated. In addition I would motion to additional claims like I stated above. You MUST READ these statues and corresponding case laws. The TCPA is triggered when you said stop calling and they called your CELL PHONE. A statutory $500 PER CALL is allowed to be awarded for those violations.
  41. 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.
  42. 2 points
    Personally, I think it’s a good thing that JDBs can buy debts. The reason is that the OC can sue you, or a JDB can sue you. You have a much better chance of winning if you’re sued by a JDB. In addition, JDBs are bound by the FDCPA whereas OCs are not.
  43. 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
  44. 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/
  45. 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.
  46. 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.
  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
    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.
  49. 2 points
    CALAWYER!!! WELCOME BACK!!!
  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!