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Showing content with the highest reputation since 12/08/2020 in Posts

  1. I just want to say that a win is something that the OP can agree and live with, whatever that might be. For some, that is paying some money but not the full amount, for others, that is an outright dismissal without paying anything. Each situation and person is different so if you are happy and can live with the settlement, you have won.
    8 points
  2. @Mistymouse4590 Indeed this was settled on the 10/19. We came to a mutual settlement after a bit of back and forth countering. Looking back im not sure if this case could have went anymore perfect. Ideally we want an outcome of $0 and a mutual walk away with prejudice but every situation is gonna be a bit different. I do honestly believe had I held on just a bit longer that would have been something i could have achieved. It was long and drawn out but at the end of the day its over and I am ready to move on with my life. I followed all the advice from the members on the site and stuck with @fisthardcheese arbitration instructions exactly and it could not have went any smoother. The process should not be scary. Although it was a huge weight and worry on my shoulders everyday. If you follow the procedures and do just a little research you can beat these clowns. So long story short the JDB followed me into arb. It cost me $250 with JAMS to file and then Velocity paid $1500 to follow. After that it was up to us to mutually decide on an arbiter. There was a list of 5 arbiters sent. I sent my top 2 to the attorney and they choose the arbiter that had a 7k per day fee. There are also many other fees that can be added along the way. It was this attorneys first time in arbitration so I honestly don't think she had much knowledge of how the fees worked. After the arbiter was decided they sent Velocity a 5k retainer to get started. The other fees would have been added at the end I would assume. The lawyer took her time as she did with every thing else. They finally contacted me about a settlement. I politely declined and countered. Now, Looking back I have to say that it was likely very possible to walk away unscathed from this however I wanted it finished. They re-countered my offer and again i declined sticking with my original offer. 24 hours later confirmation email stating they had accepted my offer. The original debt would have been null to them and they would have likely payed more at the end of this than the actual starting debt had it went that far. So i doubt they made much if anything after the initial court filing and then following into arbitration. I can easily say this is a win for me. Some might feel otherwise but its what i felt best about. I could list many names here at the end but i'm sure i would forget someone. With that being said I want to thank each and every great soul that helped me along this journey. We had two cases and the first was dismissed without prejudice before entering arbitration and then this one. Absolutely could not have done this with out you great guys and gals. Lets go Brandon!
    8 points
  3. Hi guys, I know it's been a while since I've been here. I am coming up on being an attorney for two years (crazy how time flies). I have steadily been building up my consumer debt defense practice and have about 15 active cases. I wanted to give an update on the cases where I have used a motion to compel arbitration. 2019 - Midland Claim for $3,400 - I brought a cross-motion to compel arbitration in response to a summary judgment motion by Midland. Midland fought hard against the arbitration motion and made terrible legal arguments. Judge denied summary judgment and directed the parties to arbitrate. My client paid the consumer $250 fee with JAMS, and Midland sought to withdraw the arbitration. JAMS said that's great, but you still owe us $600 as a cancellation fee. Attorney's for Midland were not happy lol. 2020 - I assisted another client, against a debt buyer (the name escapes me) with a motion. He wanted to bring the motion pro se and just have me give him a template. After he served the motion the creditor voluntarily dismissed the case. 2021 - Midland claim for $2,900 - Client did not have copy of cardmember agreement. I demanded it in discovery, and it had one of the best arbitration provisions I ever saw. Brought the motion to compel, a week later Midland voluntarily dismissed the case. 2021 - Capital One Bank for $8,000. Capital One brought summary judgment. In the summary judgment motion, they attached a cardmember agreement that said arbitration can be demanded at any time. Of course, I cross-moved to compel arbitration under JAMS. That motion is pending for a decision. The court is so far backed up, it will probably take until June or July of this year to get a decision on the motion. I have around 12 other cases where I have answers filed and the cases are kind of in COVID pending purgatory. What I've learned in making these motions to compel: You need to have a way to authenticate the cardmember agreement is the actual one that was in effect. This can be done two ways, by the consumer keeping the agreements that are mailed (or emailed to them) OR by getting the cardmember agreement from the Plaintiff in Discovery. The latter is more common. I only had 1 client who kept all the cardmember agreements throughout the years and I was able to authenticate the agreement that way. If the creditor turns over a cardmember agreement that has a great arbitration clause, then its very easy to authenticate - I just have my client submit an affidavit saying "I stipulate the the cardmember agreement provided by the Plaintiff is authentic and the agreement was in effect when the account when in default." If you are going to go this route, you kind of need to admit that you had a credit card with the plaintiff and that the account is yours. This can be risky, because judges are human and judges might not want you to get away with not paying a bill over a technicality. Fortunately I have not run into that problem yet because most judges in NY are very liberal, and most judges want these cases off their docket and would much prefer to have them heard in private arbitration. I think I am the only attorney in New York pursuing this defense and winning with it. I know attorneys are legal aid, law school clinics, etc., and I share my motions with them but they don't seem to think it's a viable strategy. But I've already got close to 10k in consumer debt wiped out using it. If anyone has questions about bringing these motions to compel, feel free to ask me. I check these DM's weekly.
    6 points
  4. If anyone is reading this, my trial was set for October 15, 2021. I sent them my CCP96 on August and they did not reply. I was in the middle of preparing my defense for trial but received a Request for Dismissal without Prejudice. I was skeptical so I checked the court's website and what dk you know.. It was filed and trial taken off calendar. Huge sigh of relief! I want to thank everyone on this forum for helping out and answering any questions. I couldn't have done it without the people and information available on here. 🙏🏻
    5 points
  5. It most certainly is relevant when you are giving incorrect information for courts about which you know nothing. I suggest you allow the seasoned member who does understand TX rules and law regarding debt cases to advise TX consumers. Please refrain from continuing to post in this thread. I will not warn you again.
    5 points
  6. UPDATE: They dismissed w/o prejudice today - 2 days before court! Thank you ALL for your help! I truly appreciate it!
    5 points
  7. 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.
    5 points
  8. Today, was the trial. It was a very stressful experience trying to defend my case on my own for the first time, especially over Zoom (due to COVID). I did file the Motions in Limine to exclude Plaintiff's evidence beforehand, but the court said that Motions in Limine was only for jury trials, so I was very disappointed. Through the testimony of Plaintiff's custodian of records testifying to receiving them from Plaintiff's assignor, they entered into evidence the monthly statements, charge-off statements, and statements showing the dates of last payment. I've raised objection as hearsay because the custodian is a third party to those records, but they were admitted anyway. However, I was able to object to the Affidavit (from the original credit card company) and the Bill of Sale documents, and they weren't admitted. Also Plaintiff made a huge mistake of omitting one of the two Bill of Sale documents (the Plaintiff is the 3rd owner, allegedly) into the Exhibit List. Without those document as evidence, the judge ruled in my favor! I'd like to thank @LoveIsPower and @RyanEX for your providing guidance and assistance! Now the next step is to submit my Propose Judgment and try to recover my costs of the suit through the Memorandum of Costs.
    5 points
  9. I followed advice in the forum and got my case dismissed 1 day before trial- Thank you to everyone who contributes and shares how they won, I followed the advice and the JDB dismissed the day before the trial, after recieving my trial brief, proof of non service and my objection to the Plaintiffs declaration - Thank you all @ASTMedic, @RyanEX
    5 points
  10. You cannot evade service until the SOL has ran because once the case is started, the SOL is tolled for the entirety of the case. If you try to evade service, the plaintiff can petition the court for alternate service (such as post and mail and/or printing in a local newspaper) and if granted, would be possibly that you did not know you were properly served. ALWAYS ACCEPT SERVICE IN A COURT CASE. There are better ways to fight instead of evading service.
    4 points
  11. This is patently wrong. Once a suit has been filed the SOL is tolled until it goes to trial or is dismissed. Delaying service will NOT cause the SOL to pass. NO ONE should try this.
    4 points
  12. Update - I haven't read it yet, but I just received a settlement letter and motion for mutual dismissal on my case even though the next court date isn't for another couple months. I have another one involving Midland with an initial date for next week, so I'll rinse & repeat. Words alone can't express my appreciation for @BackFromTheDebt, @Brotherskeeper, @BV80, @fisthardcheese, @kittycat, @WhoCares1000 and everyone else who helped by responding me directly or creating/responding to all the other priceless threads on this site. Thank you so much!
    4 points
  13. Unfortunately your content in the link in not accessible to most people. Again, being able and how to do court discovery is state dependent unless you are in federal court. The other side can also do discovery and if you try to make their lives miserable, they will do the same to you. Not only that but if a judge finds your discovery requests frivolous, they can make you pay the other sides attorney fees.
    4 points
  14. Every once in a while someone comes in and, having read a few articles, thinks he knows everything about fighting debt collectors. News flash — none of us know everything. I personally have fought off debt collectors for over $100,000. I personally have gotten thousands of dollars from nasty collection agencies that broke the law. I have also lost thousands by hubris. Not too bad. Coltfan paid quite a bit of money in legal fees for a case where he was sanctioned between $60-$70k. Don’t lecture us about slaying Goliath. We did so many times over. When you have slain Goliath a few times, get back to us.
    4 points
  15. I would repeat the cautions mentioned about discovery and strongly recommend you always carefully review the specific rules for your court. I almost got in a serious jam within the Arkansas courts for not filing copies of my discovery requests with the court, and for having my discovery responses notarized
    4 points
  16. I was just about to ask if the last knucklehead had created a new screen name to continue posting their garbage after being blatantly told they were out of line and not to post in Texas threads. I thought I recognized that horse manure. Mystery solved. @bartosfollow this clown's advice at your own risk. NONE of it applies to Texas or a suit by an OC but you choose what you wish to do.
    4 points
  17. I have been on this and other forums for over a decade. By this time I have seen what works and what doesn’t work. The single biggest asset is having someone who knows the situation in a particular state. I was fortunate when I first posted in CIC that there was someone from Wisconsin who had wiped out hundreds of thousands of dollars in debt. I followed his lead and wiped out over $100k in debt. Another fellow wiped out six figures as well. In the aggregate, special advice given to folks in states like Wisconsin, Texas, California and Florida has wiped out probably millions of dollars in debt. What doesn’t work: Random stuff seen on the internet. For example, over a decade ago we used to load our answers with all sorts of random affirmative defenses we found on the internet. They rarely worked. A certain poster on this thread has given seriously terrible advice on several threads. He claims those of us who have helped wipe out millions in debt are wrong, and he is right because he says so. A rational approach is to listen to those who have been there before and helped others wipe out millions. When in Texas, listen to @texasrocker
    4 points
  18. 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 (UPDATE settled for 30% lump sum): 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 (UPDATE settled for 30% lump sum): 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): (UPDATE: settled for 31.5% once it got sent back from CKS to Velocity) 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) (UPDATE settled at 46.5%): 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.
    4 points
  19. 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.
    4 points
  20. 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.
    4 points
  21. @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
  22. 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
  23. This is an extremely important idea. What is a win? A win is getting something you can live with. It can be a settlement, or it can be fighting them out and winning, or it can be them walking away. What is a win for you might not be a win for me, and the reverse is true as well. If you are happy with the settlement, that is a win.
    4 points
  24. UPDATE: THE CASE IS BEING DISMISSED WITH PREJUDICE!!!!!!!!!🎉🎉
    4 points
  25. 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? 😮
    4 points
  26. Another poster mentioned counter claims, which are a potent weapon if they are bona fide counter claims. Don’t just make s*** up. Discovery is a big thing. Make sure you use discovery to get all their evidence against you. This is also a good time to go over their accounting with a fine tooth comb. I got the accounting for Cap 1 thrown out of court even before arbitration because their affiant wasn’t qualified. I found some possible discrepancies with the statements from another OC I can’t mention. Things that cast doubt on the validity of the statements. For example, a statement from one year would have an ad with a date from a later year.
    3 points
  27. Yes, the title to the judgment would transfer in the sale to the new owner. They do not have to sue again. They can proceed to bank levy and wage garnishment (if there were wages) with the judgment. No signature is required. It can be sent with a typed one. Only 2 months worth of exempt funds are protected even if they go to court. They need to pay down rent/mortgage and all bills to reduce the amount in the account to no more than 2 months of pension/disability/social security. Is there a trusted person who could hold the funds for them without their name on the account? Another option is to put it on a prepaid debit card which would be nearly impossible to find. NO way to know for certain. I would state that the letter is DV requesting the name/address of the current owner of the debt and a copy of any judgment they believe applies to the account in question. I would also state that the letter is also formal notification that the consumer they are reaching out to is elderly, disabled and on a fixed income provided for by 100% exempt funds. Any attempt to violate federal law freezing protected funds will be handed over to a consumer attorney for litigation. DO NOT write it in third person as they can ignore one YOU send on their behalf. It must read as though the consumer sent it. DO send it certified mail return receipt.
    3 points
  28. For the benefit of lurkers looking for information: A dismissal without prejudice is a significant victory. The case is rarely re-filed. What that means in this case: the Junk Debt Buyers (JDB) usually look for the low hanging fruit. Lesson 1: the OP showed they weren’t low hanging fruit. That is often good enough to scare off a JDB Don’t be the low hanging fruit Lesson 2: There are strategies available to consumers in California that make life difficult for the JDB. Use them.
    3 points
  29. If there are complicated issues, it would probably be better to have the issues tried before a judge, especially if the judge is consumer friendly. You need to realize that most people are not like the posters on these internet forums. We may see ourselves as David battling Goliath, as the Little Man (or woman) battling the Evil Big Banks. In the outside world, most people see someone who has allegedly defaulted on debts as just a deadbeat. That tends to prejudice many juries. To be fair, there are quite a few judges who have the same prejudice. As @WhoCares1000 points out, the main advantage of a jury trial is it is more expensive for the plaintiff. Sort of the same argument as arbitration. I knew a fellow who would always demand a jury trial. His county had judges that weren't great, and he wanted the other side to run up their bills. My county has better judges, so I never wanted a jury trial. That didn't matter, because none of my cases ever went to trial.
    3 points
  30. Paid just waiting for them to update the status of everything now.
    3 points
  31. Most of us lay people don't do jury trials because dealing with voir dire and selecting a jury sympathetic to your cause is extremely hard to do. There are lawyers who simply excel in voir dire and that is all they do. Many law firms also hire psychologists and sociologists to develop questions for voir dire as they are trying to fill the jury box with jurors who will be sympathetic to your cause. Most lay persons and pro se defendants are at a huge disadvantage in regards to jury selection. That said, depending on the amount due and the JDB, most probably will quit when they cannot get the summary judgement. They are looking for the low handing fruit and jury trials are very expensive and you really never know if you are going to get an activist jury who is willing to say no.
    3 points
  32. Agreed. The problem with their posts is that the scared consumer facing their first suit may latch on to the bad advice instead of doing some research on their own.
    3 points
  33. It is not fatalism to state facts. You came here just a few months ago, and it was apparent that you have never defended a debt collection lawsuit in court. Now, you know everything there is to know about discovery and winning lawsuits in every state in the country? What one court in Missouri might decide could be completely different from a court ruling on the same issues in another state. What a court in one state requires to authenticate evidence may not be required by a court in another state. You cannot seem to grasp these facts. Some of us here have actually fought in court on multiple occasions and won. Not only have we fought and won in court, we have continued to research and learn and have been doing so for much more than just a few months. Even so,we do not tell posters that what worked for us in our courts will work for them in their courts. I understand your enthusiasm, but your “advice” is not based upon your experience. Right now, you don’t know what will or will not work in your favor when you get to court. Everything you have written is based on some information you read but have not yet implemented in court. Even if you are successful in your defense, your only experience will be your case in that court alone. I wish you the best, but it is time for you to move on and concentrate on the lawsuit filed against you.
    3 points
  34. Thank you @Clydesmom, @BV80, and @BackFromTheDebt. I missed that date from 2020. My bad. To me, I so respect the assistance that I have received and is offered on this site. I respect the people who volunteer their time and experience TO HELP others in confusing and desperate situations, and am so grateful for the help. I also respect folks that try to help, motivated by a desire to assist, that get it wrong. It happens. But the the crap @N.I.A._88posted is just that, CRAP!
    3 points
  35. I did not state that the plaintiff would offer a credit report as evidence. I said the OP could check his own credit report to determine if the plaintiff still owns the account. I issued a warning to you before under your other screen name. That warning applies to whichever screen name you use.
    3 points
  36. In EVERY state including GA it is ILLEGAL to drive without insurance. The penalty in GA is fines up to $1000 and possible jail. It is a criminal conviction. If you are stopped and do not have insurance and are charged and convicted you will end up with a criminal record. The penalty for driving without a valid registration on the vehicle is $1000 fine and up to 12 months in jail. Both convictions are misdemeanors. ALL of that is based on your getting pulled over because the tag triggers the pull for being invalid or you are stopped for a moving violation. If you are involved in an accident the criminal charges could potentially escalate to felonies. The law does not have an exception for this. Have the pharmacy and grocery store deliver your stuff. Get a neighbor to drive you. Take an UBER or LYFT. If you continue to drive the consequences will be lifelong. YES. Get a lawyer FIRST. Let them guide you on who to call and when. Your credit is the least of your worries right now. ONE MORE TIME: There is NO QUICK FIX TO THIS. You keep repeating this as though the answers are going to change. The answers have been the same from all of us: GET A LAWYER. This is way too complicated and really not a credit issue as much as family and criminal law. This is beyond our scope and you need to HIRE A LAWYER. Repeating the same pleas for a quick fix isn't going to change your situation. You either start calling lawyers or Legal Aid or nothing is going to change.
    3 points
  37. Depending on the particular court, mediation appears to be required. It used to irritate my lawyer that my particular court insisted on it, while others would let it slide. If mediation happens before your MTC is ruled on, just attend and explain the situation, and suggest to the opposing lawyer that he dismiss the case in order save everyone time. The mediators are typically third year law students who probably will know less about this than you. It may be a nice opportunity to educate the meditator about this aspect of law. Anyway, AZ law, regarding arbitration is quite clear and I don't believe anyone has failed, even in the rare case where a bad ruling has to be appealed.
    3 points
  38. In a nutshell, you won. This is you with a 14 point lead with under two minutes in the 4 th quarter, first down and possession of the ball and the other team has no time outs, and they put in their bench warmers who are essentially just standing around. You haven’t officially won yet but you can’t lose unless you do something really stupid They won’t arbitrate and they can’t proceed in court without arbitration So they can’t win Save all of your correspondence just in case. I had a similar case where the other side ignored arbitration. Finally the judge dismissed the case without prejudice before JAMS closed the case and the law firm did not object. When JAMS later closed the case they were boxed in and couldn’t sue again, so I won. Otherwise, when AAA formally closes the case, you act. At that point file a motion to dismiss the case with prejudice as a sanction for the plaintiff refusing to obey a court order. Send in a printout of their refusal to participate in arbitration along with a letter from AAA saying the case is closed. Either way you win.
    3 points
  39. 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 are numerous posts on this site that state arbitration is a tool best employed against JDBs, not OCs. In fact, in the main arbitration thread, “Arbitration Overview and Strategy (2018 - Most Up To Date Info)”, the author, @fisthardcheese, states: “5. What About an OC? - If you are dealing with an Original Creditor (not a JDB) they may take the arbitration all the way through to the final hearing. Money is far less of an issue with the big banks, and unlike a JDB, these banks are not counting on collections as their sole source of income. Therefore, the OC banks will proceed with arbitration with much less trepidation than a JDB, so you must modify your strategy and expectations.”
    3 points
  40. 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 debt for 5 cents on the dollar and then trying to collect the whole dollar. It does not mean that we think that refusing to pay someone that you rightfully owe because you think they did you wrong. Also, the way you came at this issue on this board suggests that you were less than cordial in dealing with Citibank on the phone and through letters. The deal is this, you should have known the end date and when you would have to resume payments without an automated system. If the forbearance was first offered in April 2020, that would mean that the April, May, and June payments were not required and you would have to start paying again (or get another forbearance) in July 2020. Most late elementary or early middle school students would be able to calculate that. Even so, when the automated system failed, you went off the rails and refused to pay which was the wrong course of action. You then sent letters so that everyone in the Citibank organization would know who you are. So when the 6 months of non-payments was up and the account went into charge off, they sent it to lawyers rather than sell it. You again, decided to go offensive and start arbitration rather than reading the full arbitration post which would have had a comment like "A bad case in court is a bad case in arbitration." I know it is there along with the warning about using this with original creditors vs Junk Debt Buyers. When you did that, Citibank, fully knowing who you are, decided to go all in to make an example out of you. Notice that everyone that has commented here has told you that you have gone about this wrong and are about to pay a huge stupid tax as a result. That should make you step back and think that there maybe is something in what we are saying about how you have gone about this. The easier way would have been to keep the reporting dispute separate from the non-payment. You might have gotten what you wanted in the end. Now, you are facing a possible 5 - 6 figure judgement when all is said and done unless you settle.
    3 points
  41. 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 step is to contact a consumer attorney for possible violations of the FCRA. Usually, proof of the inaccuracy from the consumer would result in correction of that inaccuracy and would be much less costly than the litigation or arbitration over a defaulted debt.
    3 points
  42. @Bulldoger Let me correct myself: thanks for jumping in to help forum members no matter what state they're from!
    3 points
  43. @norcal A little peace of mind after all you've been through for a price you can afford is a win for you. I hope you don't have any more of these lawsuits, but you've learned some valuable information from this experience. Best of luck to you.
    3 points
  44. great news a settlement is a win 😃. I was offered 75%, I too would jump at 28% any day and be happy
    3 points
  45. So I finally filed my MTC on Thursday. I got sidetracked by finding out I had severe diabetes and dealing with all the medical appointments. On Saturday I received a letter from the lawyer with copies of the paperwork they filed with the court dismissing the case without prejudice dated a few days before I filed my MTC. The reason they gave was their client no longer wished to continue the case. At least I will have it ready for the next time.
    3 points
  46. That is going to be small claims here in Clark County. You can settle ANY time prior to a verdict. There is a very small chance that the law firm doesn't bother to read the card agreement and the MTC works. If the motion is denied you can still make a settlement offer prior to trial. You just need to be (and now are) aware of the added complication those here is Las Vegas face with this creditor as compared to someone from Podunk Iowa who isn't living in the same county as their headquarters. As long as you are prepared to eloquently argue why your motion should be granted give it a shot. If you are not prepared or feel over whelmed at fighting settling could be the better option.
    3 points
  47. Don’t do anything right now. You are in a game of whack-a-mole. Once a case has been dismissed without prejudice most likely you will never hear from them again. That particular law firm won’t touch it with a 10 ft pole. Most other law firms go for the low hanging fruit and won’t touch it. The second most likely case is another law firm will get the case from Midland before the SOL. If that happens they will usually contact you first. If so, send them a copy of the JAMS paperwork you intend to file along with the history of the case. Send that along with your DV letter. Offer a mutual dismissal of all claims in exchange for wiping out the debt. At that point, one of the following will happen: 1. You never hear from them again. You will have whacked another mole. At some point they either run out of moles or they hit SOL. 2. They agree. If that happens, you win. 3. They ignore your offer and validate. If that happens, file in JAMS. Most likely they will never respond. That prevents them from legally filing in court. You win. I think the record I had for whacking attorney moles was 4 attorney offices and 2 attorneys in the last office. The first 3 offices ran away when I told them I would arbitrate. The only debt collection attorney in firm 4 left the firm right after I sent my DV, which stayed in their drawer for over a year. Finally, a few months before SOL their new attorney validated the debt and gave me a month to file in JAMS or else he would sue. This was an aggressive OC and they followed into JAMS. I finally buried the guy in paperwork and legal arguments he couldn’t answer so he gave up just before the hearing.
    3 points
  48. Update! I sent in my Answer and answered Not Enough Information to all Complaints. The Answer form that MN supplies is incredibly easy to use! I added "Lack of subject matter jurisdiction" to affirmative defenses and used @fisthardcheeses language, something like "The underlying contract stipulates an arbitration agreement...". I did not prepare or send an MTC for arb. They sent me an offer letter for $950. I called them and talked to a very nice representative: "Hey I cant verify that this debt is mine but I'm willing to settle for $300 so that neither of us has to deal with arbitration." He talked to a lawyer and they counter offered $500. I counter offered $400 and they accepted. They will send the stipulated agreement, which I will review and redline as necessary, and then send a money order. I'm damned happy to pay less than 30% to get this off my credit report. Thank you all for the great advice!
    3 points
  49. Not only have my thoughts not changed they are reinforced. I would file a response to their opposition based on @wernda1234post and vehemently opposed to their getting a trial date at this point. I would also look in to laches in that they waited far too long to pursue this. Specifically in response to #6 I would state that while the circumstances are sad they have no bearing on the case or counsel's failure to adhere to court procedure in requesting a continuance for the first delay or for neglecting the case for an entire year after returning from medical leave. As to #8: irrelevant to court procedures and is a personal problem. Neither prevent counsel from complying with the rules of civil procedure.
    3 points
  50. 1) Going to an internet board for legal advice is akin to going to some random person on the street corner for legal advice. You don't know what you are getting is correct and you have no assurance that it is correct. You also have no legal recourse if the advice is not correct. 2) In French-Canadian society, the saying was "If you want it legal, go to a notary." The same advice applies here. If you want competent legal advice, go to an attorney. 3) Although we can figure out who the OC is that you are talking about (you are not being that cagey), it is a little difficult to figure out the state. I have some guessed but apparently according to you, my guesses are bad anyways so who know. Being that, some board members might not be in tune with all the legalities of your state just as I would not expect you to know the legal and court quirks in Minnesota. 4) Maybe what you are asking for and saying is wrong, is not advice you will get from this board anymore because those that have tried what you want to do before have had their derriers handed back to them on a silver platter and they have not come back to report that. 5) I told you to use Google because if you are going to go it alone, you had better be able to research the answers to you questions, both in this board and outside this board. You are going to try some stuff that you have better know your case law on because you will probably have to state your legal backing to a judge at some point. 6) I am suggesting that you bring in a lawyer for this case, particularly the one that gave you the advice you are basing your opinions are. Let that attorney put his money where his mouth is and we will see if the opinions hold up when their bar license is on the line. 7) Finally, and this is important to say, you probably do owe the OC a certain amount. Most people who come to this board do owe their creditors. Some have had real issues (such as yourself) and other simply do not want to pay them. I am not judging you on that but it has to be put out there that you borrowed the money and now the OC wants their money back according to the contract you agreed to. Now, there might be some unresolved disputes that would be up to a judge to decide but that is it (unless you can prove some reason that you really don't owe any money such as identity fraud). With all that said, obviously you don't want my advice. That is fine, I am a big boy and can take rejection. I will simply move on because I really have nothing more to add to this topic. I just have to ask this. Win, Lose, or Draw, I would like for you to come back and report how things turned out.
    3 points
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