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  1. Bench trial held in February 2020. Sued by PRA to collect $8107.11 for a CapOne Cc. Just received the judgement, case dismissed with prejudice. Such an amazing feeling it is to learn the law, apply new complex knowledge and defeat PRA. Absolutely could not have done this without the advise, information and experiences found here. Especially thankful to BV80 for suggesting specific Idaho Supreme Court case law. It was a hard confusing battle...it wasn't until I beat their summary judgment that I began to actually understand what I was doing. Object object object because...in the end
    6 points
  2. Thought I’d give an update. I followed the advice from @fisthardcheese and PRA attorney emailed me stating they would agree to dismiss with prejudice for Dismissal of the arbitration case. They should send the agreement over today!thanks everyone.
    5 points
  3. A quick update: Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my credit report ! I checked the court website and saw their dismissal was filed on Feb 27th. I agreed to dismiss my arbitration (which I advised AAA to do). So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy o
    5 points
  4. My court case of course got pushed back because COVID hit. Finally in August of 2020 they held my case over zoom meeting along with 5 other people. When they finally got to me I assumed it was my case for the motion to compel Arbitration (which was granted). It was not my MTC it was a debt hearing case. The judge was pretty dumbfounded when I said that I had filed the motion to compel Arbitration and Midland and their lawyers know that and they are disregarding that motion and still trying to go ahead with the debt settlement. The Midland lawyer scrambled with their paperwork and said "ohhh ye
    4 points
  5. @fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper Wanted to take a moment and thank you all. It appears I have my resolution on the horizon and it is one I can CERTAINLY live with. I have began donating to random charities with any extra money I can spare in honor of all of you. Maybe do with a little less and give someone a little more. I noted the crew @ CIC (that is you guys BTW) in my donation comment. As there is not much I can offer here, I am determined to uphold my promise to you all and do SOMETHING. You can see the first one I made here. https://gf.me/u/y42gyn. I will check in
    4 points
  6. *****Update I apologize for not posting the result. I did as @fisthardcheesesuggested and sent a respectful email explaining the situation. The attorney apologized and assured me that it was a mix up. I followed up with the court and verified the correct document was filed to dismiss WITH prejudice. I also checked my credit report and verified that it had been removed. Yay!
    4 points
  7. Just to finalize this, I received PRA's Voluntary Dismissal with Prejudice several weeks ago. I can't thank each of you enough for your help and support. I would not have succeeded without the advice and information provided here and would've been screwed had I gone with some of the information on the internet. Again, my sincere thanks to all of you.
    4 points
  8. My Motion to Compel Arbitration was granted a couple of weeks ago. I promised a few other members of the forum I would post a redacted copy of my court docs. So see below. Obviously you will want to fill it in with your own information. In the Case Caption section (Page 1 of most of these docs where it lists VS. your name), you will want to make sure you enter the name exactly as it appears on the complaint you were served with. In Los Angeles County, anyone can sign up on the court's website to submit documents electronically. If your court has this option, I would suggest using i
    4 points
  9. Update: Finally received the Magistrate's Order: This matter came before the court for ruling upon Defendant's Motion to Compel Arbitration, and Stay Proceedings. After review of Defendant's motion, the court finds the Motion to Compel Arbitration and Stay Proceedings well-taken and is hereby granted. This matter shall be STAYED for 60 days to allow this parties to initiate Arbitration Proceedings. This case shall be set for a Status Conference by at 9:30 a.m. on February 12, 2020. Looks like I got it! Now to file with JAMS and see what will happen. Not sure why both weren't uploade
    4 points
  10. I just want to say Thank you, to all of you who spend your time day after day assisting regular day to day people, with out asking for anything in return. My wife was served early 2014, just when we were starting to recover financially after the financial crisis. With the help of the wonderful people in this website, she fought all the way to trial. she settled at the end, and accepted an offer that she would not have received otherwise. I was then sued in 2015, however my case was dismissed a few months later. Five years later, we now have two kids, and looking at the possibility of pur
    4 points
  11. Arbitration Overview Arbitration is a clause that is found in most Credit Card Agreements. Your Card Agreement will state that you may use either AAA or JAMS as the arbitration firm. The Card Agreement may also state something about who pays for arbitration. It may say that "they" (the OC or JDB) will pay all of your filing fees. This means arbitration will cost you a grand total of $0, while the creditor will be billed a minimum of $5,000 to complete an arbitration (and many times that price can climb much higher). However, even if your arbitration clause is silent on costs, the rul
    3 points
  12. Another Update! I received a letter in the mail from Cavalry - a “Stipulation of Dismissal...requesting a dismissal with prejudice and without costs to either party”. The letter also states Cavalry will request that the credit bureaus delete the trade lines associated with the Cavalry account. I had not yet filed for arbitration with AAA. Did I just win? 😮
    3 points
  13. Thank you from all of us! Your kind words brightened my day and, I’m sure, the days of others who try to help. I agree wholeheartedly that, somehow and in some way, good will follow good. 😀
    3 points
  14. Please read my entire Arbitration thread again. You do NOT want to file in arbitration right now. You are in court right now. You must only focus on that. Rushing things is bad. Be patient. Deal with the court case. Until the judge orders your case to arbitration, then you are NOT in arbitration.
    3 points
  15. I don't believe this is a true settlement offer regarding the court case, in my opinion. This looks just like a regular collection letter. In fact, it looks to me like a potential FDCPA violation. If it were me (and I do things more aggressively), I would reply to this email and ask simply "how would this affect the court case, because you make no mention of that resolution in this offer". I am sure they will have no idea what you are talking about and perhaps could say something to further a potential FDCPA violation.
    3 points
  16. A win is a win. Great job. You can now move on in your life. I do have one serious request. When I was in deep doo-doo, a number of people on this site and the former Debtorboards helped me tremendously. I wiped out over $100,000 in unsecured debt. The advice not only helped me financially, but allowed me to sleep at night One of the reasons I come to this site is to help others the way I was helped. Your karmic duty is to now do something, anything, to help someone out it need. It could be giving advice, it can be giving a sandwich to a homeles
    3 points
  17. Georgia Magistrate Court (which works as a small claims court) has a limit of $15k. Okay, eliminate C. You never want to start arbitration before being sued unless you have one of the two card agreements that make small claims court difficult. You don't have that. So you have 2 options. You fight them in court with arbitration which will ultimately cost you $250 or you can hire an attorney. Most of the GA attorneys I know of will charge probably $600 for this case and make it go away. (And if you decide to go that route and you are in one of the counties surrounding Atlanta, I wou
    3 points
  18. ***Update Dismissed WITH prejudice!!!!! Thank you so much to everyone that helped me through this!!!! Especially @fisthardcheesefor your time and advice. Now that the case is dismissed, can I have it removed from my credit report?
    3 points
  19. The short answer to this is a resounding YES.
    3 points
  20. Bogus. The attorney sent an offer by email. That is a written settlement offer. If you play petty with the order things are signed, then expect them to consider YOU shady and perhaps play petty back. Just send your half of the agreement. There still a court order in place to arbitrate. If they don't fulfill their half of the agreement, you take it to the judge and they get in trouble.
    3 points
  21. Just got six month pay cut at work. We have one CC with a balance of around a grand. Thinking of paying that off with savings and then trying to save at least a portion of the 400/month I was paying on it.
    3 points
  22. Till Labor Day or the collapse of Civilization, which ever comes first - just like for everything else.
    3 points
  23. Because that part isn't your debt - they can charge legal fees, since they had to incur those costs to collect, but they can't charge you for what they bought it for, since they did that to make money. It's like if you buy a used car for 1K and fix it up so it's worth 4K - you aren't going to say "I want 5K - the 4K it's worth plus the 1K I paid for it."
    3 points
  24. Quick Update. Plaintiff's lawyers for PRA didn't show up in court. I'm sure their strategy was to assume it would be dismissed for WOP w/o Predjudice so they could refile and possibly have a second bite at answering We explained to judge that Plaintiff didn't respond to discovery and we were prepared to strike any evidence they attempted to admit. Convinced judge to dismiss w/ prejudice.
    3 points
  25. You need to understand this. You had your day in court and as a result of the trial, they won and got a judgement. Whether it was based on what you consider a technicality or the merits, the legally won. In court, you are required to know the rules and law (even if you are pro se) as any attorney does. The judge might cut a pro se some slack but they are not required to. In this case they legally won and got a judgement. With that judgement, they are allowed to wreck havoc on your financial life at will and without warning contingent to the laws of the state and the rules of
    3 points
  26. @alwayswinning36 referenced MN. In MN, the SOL is tolled when an action is commenced. Commencement begins when a summons and complaint is properly served. From the MN Supreme Court’ Because Heitland was not served on or before August 1, 2014, the statute of limitations expired on Melillo's claim before proper service had occurred. Melillo v. Heitland, 880 N.W.2d 862, 864 (Minn.2016). Cited in an article from the MN Bar Association: In order to properly commence a civil action and avoid having a statute of limitations period expire, service must be proper under Rule 3.01
    2 points
  27. My suggested changes are above. Additionally, watch the capitalizations for each party, including "This Court" or "The Court". When using The Court in this way, it essentially is referring to the Judge, as he is "The Court", so his title should be capitalized properly. Just little things you want to keep in mind as to not insult a Judge and also show that even though you may be defending yourself, you still understand how to present yourself in court. Also if you have time, I would possibly fit some case law in there. It may already be in your MTC, but anything to bolster your argumen
    2 points
  28. Ignore this person who doesn't seem to know what they are talking about.
    2 points
  29. I got the agreement. Thank you everyone so very much!
    2 points
  30. I think it looks good. I understand what you mean about Rule 59 or 60. It’s confusing. @Brotherskeeper what do you think? https://www.in.gov/judiciary/rules/trial_proc/#_Toc25572097 You have worked so hard and should be proud of yourself. I’m quite impressed with your research, diligence, and writing skills. Good job!
    2 points
  31. Okay everyone, First of all Happy 4th of July! Just to follow up, We were scheduled for a case management conference on 6/29/20. On the 25th We were notified that they have asked for dismissal of the lawsuit. A win! yesss!! But I believe I need to now ask for dismissal with prejudice correct? Because they asked for dismissal without prejudice. If that is the case can anyone point me in the direction of how to go about getting a dismissal with prejudice? Thanks again!!!
    2 points
  32. No, you have not gone too far in litigation for arb, especially if you object to their discovery. See the case Land v. Byrider for an analysis of waiving arb rights by going too far in a court case. Be sure to ask for a stay pending arb, as the arb law is very strong on this. It mandates a stay if the case is subject to arbitration.
    2 points
  33. I think you are reading too much into it. Every single arbitration case I have had, the other side ALWAYS claims it is "frivolous" simply because that is the ONLY way that fees can be reallocated in AAA. They simply always throw it at the wall in hopes that it sticks. It wont. As part of your response, just state that you have complied with all aspects of the court and the contract with PRA and that in no way can this be considered "frivolous". Of course, me being myself, I personally would add in for my own amusement something like "if Respondent honestly believes the actions of Claimant
    2 points
  34. @MikeS This Ohio thread has a lot of useful information and links to other Ohio threads, including @MikeB35 cases.
    2 points
  35. To be clear, @Luvmybabas filed a motion to compel arbitration using the basic template modified to include Virginia law. She downloaded a 2017 (year of default) version of the Comenity Victoria's Secret agreement from the CFPB archives. Here's the body of the motion: 1. That on or about Dec. 20 2019, Plaintiff filed its Complaint. 2. Plaintiff did not attach to the Complaint a copy of the applicable agreement its claim is based upon and did not provide a copy to Defendant in its Bill of Particulars response. Defendant obtained a copy of the applicable 2017 Comenity Bank Victoria's
    2 points
  36. FICO figured this tactic out years ago. Now unless the relative lives with you this does not work to improve a FICO score. HUGE mistake. These organizations rarely if ever do the job they are hired to and more often create more problems. It may be outside the SOL for a lawsuit to collect but it likely has at least 2 more years if not 3 to report and this account is probably doing the most damage. If you settled the other accounts for less than the full balance and it is reporting that way that is also holding the score down. Something else to consider is more than likely
    2 points
  37. Along with what was stated by @Brotherskeeper, it’s what @fisthardcheese stated, as well.
    2 points
  38. Law firms don’t usually purchase debts. They strictly represent clients. If Cap1 is the plaintiff, then Cap1 is suing.
    2 points
  39. I was asked about my postings in a deposition once. I used a technique that had been recommended. For that particular case, I did not post very many things. In those days I usually posted on the "other" forum. But since I was facing a depo, I created a new user name, and posted once about that case on this forum. In the depo I was asked if I had posted anything online about the case. I replied that I had posted on CIC. They asked, in a rather derogatory manner, what the purpose of CIC was. I said it was a credit repair web site. In short, everything I said in the depo
    2 points
  40. Capital One removed arbitration from its agreements in 2010.
    2 points
  41. This is getting into the realm of psychology here. I would always show up in person to argue a motion, on the premise that the judge could see me as a real person, as opposed a disembodied voice. Even when the opposing party phoned it in. The judge probably has met all the lawyers. In current times, a judge might a LOT happier without humans in the courtroom. After all, judges are often quite old. Often times, when lawyers are about to retire, they work as a judge for a while. I had a great-great uncle in central TN who was on the bench until he was about 90
    2 points
  42. First, it would help if you could answer the questions listed here: I would wait to be served and answer the summons in court. And use the time you have now to research strategies. If arbitration is available, that is the best way to beat a JDB.
    2 points
  43. Now you get the JAMS case started again and include the new court order to show this is a new case. Keep an eye on things after that and if they do not pay the fees and the case gets closed again, immediately file a motion for sanctions in the court demanding that the court force them to commence arbitration or in the alternative, order a dismissal with prejudice. I would start working on that order right now so that you can file it if they JAMS case gets closed again. I would include in the motion for sanctions that this is the 2nd time they did this and show that they did not follow the orig
    2 points
  44. I had the arbitrator, at the first conference call, flat out tell the Velocity counsel that they cannot get ANY fees from me. The arbitrator also vehemently insisted that the opposing counsel settle because the cost of arbitration will far exceed the amount of the debt. I believe they will eventually dismiss in my case. I am just going with the flow. About to send my discover request.
    2 points
  45. It's good that the agreements "pretty much" state the same thing, especially if the arbitration section is identical across all of the agreements. If you can locate the the exact branded name agreement with the correct APR with a date that is within the period your account was still in good standing, or one in effect with the last activity, that is the ideal one to submit with an affidavit. Even if challenged, all of the possible agreements you've located and any agreement the plaintiff could produce will have an arbitration provision that is favorable to you. Th
    2 points
  46. “credit card” AND “bill of sale” (written just like that).
    2 points
  47. @fisthardcheeseYou were exactly right! THANK YOU!! AAA sent this an hour or so ago --------------------------------- Dear Parties: Please disregard the correspondence dated January 24, 2020. This case was closed in error and has been reopened. We apologize for any inconvenience. The claimant has filed with us a demand for arbitration. The American Arbitration Association (“AAA”) has determined that this arbitration arises out of a consumer agreement and, as such, the Consumer Arbitration Rules (“Consumer Rules”) apply to this dispute. The Consumer Rules may be found on our
    2 points
  48. So I did this and lit a fire and they sent me the mutual dismissal of claims with prejudice, I signed it and sent it back but it has not been filed and it has been over a month since I sent it back. I then emailed them about 2 weeks ago and haven't heard back. Am I okay to go ahead and file the JAMS form or do I have no recourse now that I've signed the MDOC? I'm nearing the 6 month deadline the judge established. I thanked you for your previous answer with the Thanks button but thank you again for taking the time to answer my previous question. And thanks in advance.
    2 points
  49. @Brotherskeeper First and foremost, thank you so much for your help! I appreciate every response and all of the information that you have assisted me in finding, and for providing. I tried to go to the court yesterday, after checking on the website to ensure that they were open. I pulled up and the doors were locked. Closed today and tomorrow as well, I'm assuming. The judge just said that I had a week to file for arbitration and send the election of arbitration to Midland (on 12/18/2019). I mailed CMRRR to Midland, the attorney, and JAMS a copy of e
    2 points
  50. Congratulations! They won't follow to arb, so you won. @fisthardcheese should have a definitive answer, but perhaps contacting the lawyer and offering a mutual walkaway and dismissal with prejudice might work. Otherwise, yes, I believe you continue with AAA so they can't come back and say you weren't serious. My understanding is that a pro se is to be treated just like another lawyer, yet we see so many of these cases where the plaintiff's lawyer lies about the defendant's cost of arbitration. If they did that to another lawyer they'd probably face sanctions.
    2 points