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Showing content with the highest reputation on 07/08/2019 in all areas

  1. 2 points
    Great update! I lucked out. The attorney that showed up for Unifund was completely clueless. The judge forced us to mediate, so I told him I had a signed court order to arbitrate, and I also had a letter from AAA indicating that because I had a signed order, they could not pursue in small claims and it said that they had to pay $3250 immediately or the case would be closed. It specifically said that the claimant had fulfilled their obligations and was waiting on the respondent. The attorney looked it over for 10 minutes. He reviewed his paperwork, and then looked at his phone, then finally made a phone call, and then asked me that I could sign a consent agreement and go ahead and settle because he was planning on trying to get the court order vacated because of that one sentence in the citibank agreement about "small claims court". I told him that it was too late, that I had a signed court order and that we can go to trial. Well the judge then forced us to go through mediation with a mediator. I explained my situation, and the attorney said the same thing he said earlier. Then I was asked to leave so the mediator could talk to the attorney. When she called for me to come back and speak privately, she tried to tell me to settle!!! That they would be willing to settle for $700 and I could pay $50/month, and that it would clear my credit and that she was just giving her advice on what she would do. But I said that I had a court order!! And she told me she said the judge could decide to vacate because of that stupid citibank small claims section of the agreement. I told her I'd take my chances and wanted to go to trial. WELL I gave the judge my order and a copy of the letter from AAA, and she asked the plaintiff why they had not started arbitration! She said that if they didn't start it, then they would be held in contempt for violating a court order, and she said that she definitely would NOT vacate the order because the last time we were in court the Plaintiff agreed and signed off on it! We go back in 30 days, and if the plaintiff does not either 1) dismiss or 2) fulfill arbitration duties and begin proceedings, then they will be in contempt. She told me that if I had any motions to file, then I should do that prior to the next court date. But I'm not really sure what she meant by that for me? I don't have any motions to file, I think? So yes, finally I had a judge kind of see my side for once. THANKS for ALL THE HELP everyone! I hope to get a dismissal in the mail soon!!
  2. 1 point
    @Phil smith Do you remember what kind of credit card it was? CFPB=Consumer Financial Protection Bureau: https://www.consumerfinance.gov/credit-cards/agreements/issuer/first-national-bank-of-omaha/
  3. 1 point
    https://www.consumerfinance.gov/credit-cards/agreements/issuer/first-national-bank-of-omaha/
  4. 1 point
    You left that part out that you have other debts that you have defaulted on. That would have been important in formulating a response. If you want to know who is suing you, have a friend go to the courthouse to review the case and report back to you. Then you know what is going on before you are even served.
  5. 1 point
    I don't remember how the CMC was scheduled, it's been a few years now. If you have a thread started post in that and someone will answer it for you. Sounds like with the law being clarified now on the service of the subpoena they are basically hoping you mess up something they can capitalize on.
  6. 1 point
    Nothing has happened yet. Wait until the first phone conference and send them a settlement offer.