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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
    5 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. 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
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. ***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
  15. The short answer to this is a resounding YES.
    3 points
  16. 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
  17. 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
  18. Till Labor Day or the collapse of Civilization, which ever comes first - just like for everything else.
    3 points
  19. 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
  20. 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
    3 points
  21. 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
  22. 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
  23. Just to finalize this post, I can't reveal any details due to the agreement, but I will say this: cashed my check today!
    2 points
  24. I used to Volunteer at Westchester CLARO when I was a student. Did they already sign it? If yes, you can sign and send it to the Queens County Civil Court by the EDDS system. If not, sign the copies and send it back to them. They will file it with the clerk of the court.
    2 points
  25. Congrats on getting your MTC granted! I would go back and read cheeses first post particularly under the "filing the arbitration claim". Now that you have a court order to go to arb, you can proceed as advised. Here are some highlights I copied from cheese: "Remember that when you ask for arbitration and file it, you have now flipped the roles. YOU are the "Claimant" and THEY are the "respondent". This is essentially like you are now "suing" the JDB, only in arbitration instead of court. Think of it just like that. You would not file a lawsuit against yourself, so do not do it in arbitr
    2 points
  26. If the attorney sent a letter saying they want to work out a deal, then I would email them and tell them that in the interest of further time and expense, you are willing to offer their client a mutual dismissal with prejudice. You agree to drop the JAMS case with prejudice and they dismiss the court case with prejudice. See how they reply to that email.
    2 points
  27. Fantastic outcome! It sounds like you had a pretty good judge yesterday. You were prepared for the hearing. The JDB's attorney didn't have a persuasive argument against your motion to compel or a legitmate objection he could muster. The judge decided you should prevail. Just so you know, in a couple of recent cases here on the forum, PRA has actually paid the initial filing fee for arbitration. I believe it has been where the debt amount is a little more than yours is. I would suggest you reread Fisthardcheese's pinned thread on arbitration now that your motion has been granted to see yo
    2 points
  28. @Brotherskeeper "Thank you." IT was stressful, I can not lie. trying to get the counties wifi to cooperate for the 1/2 hour i was there early.... got it solved like 5 minutes before the Zoom hearing. JoP was very patient as I fumbled thru the on screen settings showing that i had headphones at the ready if he couldn't here me... then getting the default to "unmute" he was actually giggling as I was fumbling thru the setup.... once it was good & solid with no lag he said something like okay, shall we begin... He wanted to clarify that I wanted to go with the MTC and w
    2 points
  29. NO Whatever claims you have against them They are asking where the arbitration section is in your card agreement. Just list the page number and section number of the arbitration section. DO NOT CHECK. You don't send it to the JDB, you send it to their attorney who filed the lawsuit against you. I would strongly suggest you read the arbitration post again. All of this is spelled out in there. Also start reading everything carefully for what it actually says. Don't jump to conclusions and end up answering questions that are not
    2 points
  30. @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
  31. 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
  32. A. Rare, but is occasionally happens. Usually if the case is dismissed, they don’t want to bother with it again. B. They might, but probably not. There are some JDBs that will buy the almost impossible to collect debts, usually at a very steep discount. Most of the time those new JDBs won’t sue, but some will. In other words, most likely this case is over with. But you can’t be 100% sure until the SOL has passed. One thing you need to be aware of: Many arbitration clauses say to use the laws of the state in which the card was issued, such as Delaware.
    2 points
  33. @fisthardcheese @Brotherskeeper @BV80 I want to thank you all again. You have been kind and patient with me. I got down to the wire, but I got it in there. I had a eye doctor appointment and took my laptop to finish it up and get it uploaded by the deadline. I was in the chair with my eyes dialated trying to see enough to hit submit. I got it in with 1 min. to spare. LOL It's a good thing this isn't a paper due for college, because with all the copying/pasting, I would definitely be thrown out for plagerism. LOL So, I thank you all for your words, explanations, and re
    2 points
  34. I can't wait until the next lawyer uses the old "arbitration can be veeeery expensive line," and someone can now say, with total confidence, "yea - for your client, Bozo."
    2 points
  35. 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
  36. You’re very kind. We all post here because we’ve been through what you’re going through. Paying it forward can include any act of kindness whether it’s helping people here, elsewhere, donating to a charity, etc. Helping people like you makes this worthwhile for all of us.
    2 points
  37. 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
  38. It is unfortunately very common in small claims courts to get judges or magistrates who really don’t know or care about the law and just do what they feel like doing. Yours is not the first or even the tenth time we have seen this happen. Appeal. I don’t know the proper appeal process in your court. Some jurisdictions have an automatic appeal. Others require a cause. In either case, you have a cause. The judge violated a US Supreme Court ruling. You need to look up the Concepcion v. ATT case where the Supreme Court ruled that arbitration clauses must be follo
    2 points
  39. CASE DISMISSED. YOU PEOPLE ARE GODSENT. THANKS EVERYONE BUT SPECIFICALLY @fisthardcheese AND @Harry Seaward. Felt soooo good knowing those lawyers that were laughing in my face from the director of the firm to the rent a lawyer had to eat their words....
    2 points
  40. 2 points
  41. and @Goody_Ouchless I disagree that it’s a fine line. “Seek” means attempt or try. Requesting fees from the arbiter is an attempt to make the OP pay or reimburse. In my opinion, the only way the attorney would try that argument is if he is incredibly stupid or wants to appear to be incredibly stupid. It’s possible the attorney didn’t read that section of the agreement which would make him incredibly stupid. But, if the attorney did read that section, he knows what it means, so unless he wants to appear to be an idiot or risk the arbiter or judge ask him if he’s an idiot,
    2 points
  42. Along with what was stated by @Brotherskeeper, it’s what @fisthardcheese stated, as well.
    2 points
  43. Law firms don’t usually purchase debts. They strictly represent clients. If Cap1 is the plaintiff, then Cap1 is suing.
    2 points
  44. 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
  45. You've got to be kidding me, I've heard it all now.
    2 points
  46. A Quick update: I finally got a response from the Arbitration folks. They sent a letter (and CC'd me) to the law firm representing the junk debt buyer informing them that a consumer arbitration has been filed and the consumer fees of $200 were paid. They are asking the JDB to pay $2,800 for the case to move forward ! They only have a couple of weeks to do this. I'll post an update when I know more.
    2 points
  47. Finally...! After 6 months. The ruling from today's Hearing. Defendant�s unopposed Motion to Compel Arbitration is granted. In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961. Here, it appears that an arbitration agreement exists and that the claims are covered within the scope of such agreement. Defendant has asserted his
    2 points
  48. I suck for being a super procrastinator and not adequately preparing, but the outcome was good. Dismissed w/out prejudice. Met with Midland's attorney prior to the hearing, showed that I had the AAA documents ready to be completed, a copy the card agreement, and nerves of steel. One more to go....
    2 points
  49. Somehow I just saw this post -- but I wanted to say, again, THANK YOU @sadinca!! You helped me and countless others win!! You have paid it forward a thousand+ times over!! Thank you for all you have done all these years! You will be greatly missed!! Best to you and your family!! Onwards and upwards!! @LoveIsPower
    2 points