Leaderboard

Popular Content

Showing content with the highest reputation since 05/25/2021 in Posts

  1. @WhoCares1000 you're exactly right. After paying the settlement money, I received a letter saying that the account is "resolved", along with a non-filed court doc that is a dismissal WITH prejudice. Woohoo! So happy that's over and I cant wait to see my score after that collections is removed. Thanks again, everyone, for all your guidance!
    4 points
  2. Update - Friends, MTC was granted👍. Very simple! Wanted to thank everyone for the help, suggestions, & support. If I can be of any assistance to others, please don’t hesitate.
    4 points
  3. If you want to run out the clock, you need to lay low and not call attention to yourself. Disputes with CRAs have been known to wake up creditors.
    3 points
  4. Big update: I have reached an agreement for a mutual dismissal with prejudice! Thank you all again for the advice and encouragement! Some small details if anyone is interested: The attorney reached out to me first about 2 weeks after receiving their copy of the JAMS documents I sent. JAMS hasn't even opened the case yet. I'm out of pocket less then $75 in direct expenses because I qualified for court fee waivers so I don't mind not recovering anything monetary.
    3 points
  5. OK, I doubt many posters in this board work for Citibank. There might be lurkers from Citibank but they would stay as lurkers rather than post in an official capacity because of the legal issues involved. As for sticking it to the man, that has different meaning to different people. Some people stick it to the big banks by refusing to purchase their products which is certainly a legal and moral method (in other words, refusing to do business with said company). In the case of this board, sticking it to the man means that we are disagreeing with the idea of an organization purchasing a deb
    3 points
  6. False reporting does not constitute a breach of contract unless credit reporting procedures are a material part of the contract. Failure to abide by the terms breaches a contract. In this case, the proper procedure is outlined in the Fair Credit Reporting Act (FCRA). A dispute would be filed with the credit reporting agencies (CRAs). Proof of the inaccuracy should be included with the dispute. In the event the disputed item is verified, one can then dispute with the creditor. If one has proof the disputed item is inaccurate and the creditor refuses to correct or delete it, the next
    3 points
  7. @Bulldoger Let me correct myself: thanks for jumping in to help forum members no matter what state they're from!
    3 points
  8. Dear X, I dispute this debt and demand validation. Yours, You Don't sign it by hand. You don't want them to have your signature. Best to send this CMRRR. If they try to collect the debt before validation, that is illegal.
    2 points
  9. I just love when I get these. Makes my day! his Email is to notify you that You are going to be legally prosecuted in the Court House within a couple of days. For non-payment of your debt dues. Which will be criminal prosecution and because of it your SSN is put on hold by the US Government, so before something goes wrong we would like to notify you about this matter. It seems apparent that you have chosen to ignore all our efforts to contact you in order to resolve your debt with ACE Loan Services. At this point, you have made your intentions clear and leave us no choice but to protect o
    2 points
  10. It was a scam. The call could have been from a basement level JDB who purchases time-barred debts and makes threatening phone calls to frighten unsuspecting consumers. Legitimate collection agencies do not threaten lawsuits over the phone. Chances are you will not be sued. If you are and the debt is, in fact, yours, you’d have an SOL defense and FDCPA counterclaim for a lawsuit filed on a time-barred debt. But, I wouldn’t waste time worrying about a lawsuit that is, most likely, not going to happen.
    2 points
  11. It appears @Citiscam jumped the gun and acted based upon his assumptions before thoroughly researching the issues he had with Citibank. First, he did not learn the proper process for disputing information on his credit report. The Fair Credit Reporting Act is public information readily available to all consumers. Second, he did not learn what constitutes a breach of contract. Third, consultations with consumer attorneys cost little or nothing. Such a consultation could have provided the OP with valuable information that may have saved him time and money. Finally, there
    2 points
  12. You must have really pissed someone off at CITI for Hunt and Henrique to hand this back to CITI and for them to get as aggressive as they did against you. I am going to guess that this started about 9 - 12 months ago. As @Clydesmom stated, they did not have to offer any program and you should not have relied on the automated system. In fact, you should have gotten it in writing. That said, the rational thing to have done would have been to write a letter stating the issue and if they came back and said no, then, while making the account and keeping the account current, filed for arbitrati
    2 points
  13. You really are a piece of work- first you want Texans to believe that a Texas JP court is also known as a small claims court and to top that off since JP courts are the lowest court it automatically makes them a small claims court. If you would simply take heed of the applicable TRCP and the links that I provided in @Ktig's thread you could see for yourself before running amok with more conjecture and assumptions that will sooner than later lead someone astray. In Texas district courts are at about the middle in the hierarchy. JP and municipal courts are the bottom level, then County, th
    2 points
  14. Nope business as usual. I agree with the lawyer. Lay low and they will probably do the same. Now that they know you have a lawyer they are not likely to come back. They want the easy low hanging fruit of payment or default judgment. They do not want to go to court and have to actually prove their case. They also know they filed in the wrong jurisdiction creating a bold plated counter claim. You have one year from the date they filed that claim to pursue an FDCPA claim. Does the SOL to sue where you are expire in that time frame? If so, you don't need to do anything. If the SOL
    2 points
  15. The only thing I have to add is that it took nearly 4 or 5 years of me ignoring Chase while they offered less and less settlement amounts. It's not easy ignoring all those calls. In my case it was a war of attrition. When I received the 10% it felt to me like a final offer. So I responded by doing some research and ended up here. It wasn't until I found this forum that I realized 10% offers are a calculation on their part and their process. I'm glad I did. My initial plan was to allow the $11k to default and go to collections and deal with them, as I had done so once before with Citi/Portfolio
    2 points
  16. Just to close this out, I took the deal and settled the accounts. Chase tells me they will report the accounts as "settled paid in full." Whatever that means. I'm not sure if I'll take a credit hit as my tax gal said I would, or if settling this live debt will improve my score. I'll be interested to see that part. I may report back here in a month or so when I pull my credit again and check. The 1099-c thing seems to be pretty straightforward, but you never really know until the time comes with these things. But that's a year out. If I remember to I may come back and update that part as w
    2 points
  17. Yes I have notice read about how they spent 17k on a 5k note and how they took Catlady22 though the whole process and hit her with their fees to boot. It's a lottery out there, I had three PRA accounts during the 2008 recession along with other debts. My guess is there were to many debts bought that they couldn't sue all of them. I did nothing never answered phone or responded to mail. Then the SOL passed I sent a cease and desist letter. PRA quickly sent me 1099-Cs on the debt's "luckily" at the time I was buried in debt and had no assets so I was insolvent (maybe the reason they didn'
    2 points
  18. Sorry your having a hard time with filing a MTC in Texas. earlier post has sample MTC Sample MTC (Note that is Sample is to show you an idea of what an MTC should look like. Never Copy/Paste this directly into your motion. Adding case law from your own state is a good idea) MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Comp
    2 points
  19. You used the arb clause and MTC to get them to agree to a lowered settlement you can live with. Well done. Thanks very much for jumping in to help other Virginia forum members.
    2 points
  20. This saga is almost over. I had conversation with attorney Thursday and he could not convince me to drop my MTC and fight in VA court. They have thought it over and have taken my first offer. It was an amount I consider fair considering what they had expended and what I would have to expend in time and money. I will pay next week, and they will dismiss with prejudice. Progress so far Paypal (soon to be settled), Discover, Pottery barn, Kohl's, Macy's, Chase Amazon, settled not bad as I just started trying to settle these Charge offs in February. Still not settled:
    2 points
  21. @texasrocker I already mention it was a simple mistake and FYI I was on cellphone and it looks totally different on mobile. But I will follow your advice and stick to member's expressly needing help in Virginia and topics about in general discussions. BTW @ktigs needs help about MTC in Texas on the Arbitration thread.
    2 points
  22. They hear that thousands of times a month. Most likely they don't care because while they cannot collect right now that doesn't mean they won't ever collect. Especially considering you are in OH with a draconian long SOL on judgments and the ability to renew it. Before considering BK I would speak to several attorneys. Do not be surprised if they simply tell you to lay low and work on getting employed and stable for now then deal with the debt later. You have nothing to take right now so getting a judgment means nothing for now.
    2 points
  23. The affidavit is not a business record. It is testimony used to lay the foundation for the admission of business records such as credit card statements, etc. In Bailey v. City and Borough of Juneau (2013), the Court of Appeals of Alaska stated “Evidence Rule 803(6) allows litigants to introduce business records without having to present testimony from each person who made entries in the records or who personally observed the events or condition described in the records. Business records are generally considered reliable because they are created, and relied on, in the course of regular b
    2 points
  24. There’s no way of knowing if you’d be sued, so I’d pay it considering you still have several years left on the SOL. For me, I’d want to remove the possibility of a lawsuit.
    1 point
  25. Found this handy document that calculated the trolling period for each state due to COVID. 2020_USLAW_NETWORK_COVID_19_Statute_of_Limitations_Quick_Guide_COMPILATION_version.pdf
    1 point
  26. It is not too late to file a Motion for Dismissal with Prejudice. What that letter means is the Plaintiff has a new attorney. That might be bad for you, because the old attorney likely would not have contested a dismissal with prejudice. The new attorney might. File the same motion, and copy the new attorney. Your argument that they disobeyed the court order by not responding to your arbitration case still stands. The new attorney might get the fees paid right away and object to your motion. Or maybe not. Has the case been forma
    1 point
  27. Thanks BV80. My brain is fried, I don't know why I didn't reference the AZ laws myself for relevant info. I'm surprised, yet not surprised, none of the three attorneys I consulted knew this. Being honest, and with no disrespect intended to the attorneys, I've found most of the lawyers practicing in this area to be really sub-par and/or lazy. Frustrating. Really appreciate your help a lot.
    1 point
  28. The attorney is wrong. Here’s the applicable AZ statute. 12-506. Action barred by foreign statute of limitation, bankruptcy or insolvency A. No action shall be maintained against a person removing to this state from another state or foreign country to recover upon an action which was barred by the law of limitations of the state or country from which he migrated. That plainly states if you move to AZ from another state and the SOL has already expired in that state, an action cannot be filed against you in AZ.
    1 point
  29. What physical i.e. written proof do you have of any of this? Absent something in writing changing the terms of the card agreement you are out of luck. Arguments you could have easily made had you not thrown a toddler temper tantrum screeching you refused to pay until they did what you want. The problem you have is there is NOTHING in the card agreement that excuses you from paying until you get your way. You did have leverage until you refused to pay. Then you gave it away. LITERALLY. How hard would it have been to make the minimum payment and then tilt at the win
    1 point
  30. The arbitration threat works best against JDBs NOT OCs. CITI apparently has now joined the ranks of OCs who are not the least bit deterred by the arbitration threat. Not surprising because CITI has won big awards in arbitration before. Your legal basis for that demand was what? According to the terms and conditions of the card agreement NOTHING allows you to make that demand. So you tanked your credit and defaulted on a card over this one issue? Would it not have been smarter to pay the amount due and bring the account in to good standing and then mount a good will camp
    1 point
  31. True. At this point we don't know what the PRA strategy is. They are clearly NOT like the PRA of olden days, which never followed into arbitration. But, are they like Discover or AmEx, which ALWAYS go into arbitration, and often go to the bitter end? The point of it is to try to minimize the chances of them going into arbitration, and maximize the chances of settlement if they do go into arbitration. Excellent point. The idea is to have another weapon in the quest for a settlement if they do follow into arbitration. I've faced down some of the compani
    1 point
  32. Keeping in mind that PRA is the one JDB that has started agreeing to arb and followed at least one poster that we know of all the way through to the end.
    1 point
  33. The title at the top of the page states that those are the FEDERAL rules of civil procedure. The OP is not in federal court.
    1 point
  34. Thanks You are right i can afford a judgment. no i can not afford wage garnishment and bank levies ...oh my thought of all of this is making me sick. As it relates to violations of laws , the only thing i heard about lately is how the letters that are sent from JDB are a violation HIPPA ...so i saw a video over the weekend and it talked how a JDB was asked how are the letters produces and by whom, if they are sent to an outside company that should happen as by law they should not provider my information to anyone. put i have no proof of that yes so that is why i put t
    1 point
  35. Agree, often once the MTC Arb is granted, the JDB will dismiss the case, meaning you don't have to file with AAA at all. If you do have to file arb, you don't have to pay right away, and maybe you could ask to make partial payments, say, $50 per month. And, if you can't afford the $200 AAA fee, how can you afford the judgment they are likely to get? Can you afford wage garnishment and bank levies? And, are there any violations of consumer laws you could raise? Then your arb claim is based on the violations, not debt dispute. They would have to counterclaim for the debt. And, check
    1 point
  36. It used to be that when you settled or paid on a bad account, your score would drop because the account would receive an update. It was a bug in the FICO algorithm and the JDBs discussed this issue with FICO (because people were refusing to settle due to this) and got them to change the algorithm so that a settled account would look better than a open bad account.
    1 point
  37. Thanks to covidiocy you can get a free report from all 3 bureaus weekly until April 2022. Legal suits and accounts pending litigation settle ALL the time without admitting liability or fault. It is usually cheaper to settle than a long protracted or even a short legal battle. You simply make an offer that says out of convenience and expediency you are offering to settle for $X amount. This would satisfy the account in full and any remaining amount is disputed, cannot be sold and the entire trade line deleted. They either accept, counter or deny it. Settling does not always require
    1 point
  38. Take the deal. If you are unemployed and broke there is a form you can file with your taxes return and the 1099 indicating insolvency.
    1 point
  39. Is arbitration an option? That's the best way to beat a JDB. Is there an arbitration clause in the OC's cardmember agreement? Is there a small claims exception? Are you in small claims court? Note that if you want to use the arbitration strategy, file the MTC Arb ASAP, do not send them any discovery, and respond to their discovery with an OBJECTION for each one, on the grounds that arbitration has been elected, there is a jurisdictional motion before the court, and the scope of discovery is to be determined by the arbitration forum. The reason for this is, if you go too far in li
    1 point
  40. We happen to agree. We're beginning the process of removing Lexington advertisements from our site and some of the articles we've written in the past. It will take a while, but we're reviewing all of the credit repair companies to see if any of them measure up. Happy to read others comments and reviews of Lexington and other credit repair companies.
    1 point
  41. Where are you seeing "2019"? That information is actually from 1985-2005: https://law.justia.com/codes/texas/2005/gv/002.00.000028.00.html Chapter 28 of the Texas Government Code was revoked in 2011 during the Supreme Court of Texas' restructuring of the JP court system: https://www.txcourts.gov/All_Archived_Documents/SupremeCourt/AdministrativeOrders/miscdocket/11/11918000.pdf It resulted in a new set of rules for JP courts in the Texas Rules of Civil Procedure. Small claims cases are now governed by Rules 500-507 of Part V of the TRCP: http://www.txcourts.gov/media/1452232/trcp
    1 point
  42. One thing I would advise for avoiding a lawsuit, is, check your credit reports. See if they report employment, even if not current. Sometimes an old job will be on there for years. If they do, revise that to unemployed. I know CAs and law firms pull your credit reports, and I believe the main thing they look for is employment, meaning wages to garnish.
    1 point
  43. 1 point
  44. That was a waste of time. You have been told a dozen times above what to do and you are simply not listening. You must read and follow along. You are wildly swinging at everything moving right now.
    1 point
  45. The header that we need is at the top of the document and will look something like below: This will tell us who the real plaintiff is. The top is probably not filled in because a case has not been filed yet in the court.
    1 point
  46. Synchrony bank sold a lot of their PayPal to JDB I know of midland funding, Portfolio, and Jefferson Capital LLc buy some of the accounts. Who is the Plaintiff?
    1 point
  47. I did read all of your last post but rather than cutting and pasting to each issue I am going to summarize. Get a Consumer Attorney NOW. They have violated the FDCPA and a good consumer attorney should take your case on contingency (at no cost to you) because what they did was attempt sewer service in order to get a default judgment. Follow the link in this post and find a good consumer attorney in the state where this suit is filed or where you currently reside. Either way Midland will end up paying you on this one.
    1 point
  48. Ummm, if you can prove that, you can file an opposing motion to their non-suit motion demanding that the dismissal is with prejudice and that this is the 2nd time you have been sued on the same debt. They cannot keep taking you to court and then non-suiting the case when you fight. I would also say that they are wasting the courts time doing this.
    1 point
  49. Court is no longer a factor in your case, so no need to file anything with them. I would file the AAA case and send a copy of my Demand Form to the attorney. Once they received it, I would follow up with a settlement offer asking for a mutual release of all claims in exchange for dropping your AAA case against them. The mutual release is just as good as a dismissal with prejudice. It will be a new contract stating that you are forever released of ALL obligations regarding that account.
    1 point
  50. This is an exercise in risk assessment. First, from the Chase POV. If they sell the debt to a JDB, they will probably get pennies on the dollar. This is almost a sure thing. They know they can get something, the question is how much. Or, they can get the sure 10 cents on the dollar by settlement with you. They come out a few dollars or tens of dollars better with the settlement. Now, from your POV. If you settle with Chase, the debt is paid off for 10%. it will be marked as paid for less than the full amount on your credit reports, which is better than bein
    1 point