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Showing content with the highest reputation since 06/25/2020 in Posts

  1. 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
    6 points
  2. 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
  3. @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
  4. 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
  5. 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
  6. UPDATE: THE CASE IS BEING DISMISSED WITH PREJUDICE!!!!!!!!!🎉🎉
    4 points
  7. 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 hearsa
    4 points
  8. 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
    4 points
  9. 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
  10. 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
  11. @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
  12. *****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
  13. 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
  14. 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
  15. 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
  16. 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
  17. 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
  18. @Bulldoger Let me correct myself: thanks for jumping in to help forum members no matter what state they're from!
    3 points
  19. @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
  20. great news a settlement is a win 😃. I was offered 75%, I too would jump at 28% any day and be happy
    3 points
  21. 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
  22. 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 i
    3 points
  23. 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 y
    3 points
  24. 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
    3 points
  25. I just settled with MRS Associates (CHASE); Total Owed $12,697 on two cc accounts; Their offer letter to me was $2031 for both; I called and basically told them my situation: "not working due to Covid, need to settle 6-8 other creditors, don't have a lot of money, I am calling a few today to see who will work me with me, I only have $1500 to work with right now and I'm hoping we can work something out." I didn't mention the letters, so the rep tried to offer $3000 for just one of the accounts. I just said, there is no way I can do that, I only have $1500. Then she came down to $2000; I
    3 points
  26. Ignore their calls and wait until you are served. Scott & Associates is a JDB attorney in Dallas. Don't ever call a JDB or answer any of their calls or letters. If it is legitimate then you will be served by the court by a constable or most likely through a contracted process server but never by the JDB itself. Decide how you want to handle it if/when you are served. If they do file a lawsuit against you they have no way of knowing when it will be served. I was once served over three months after a JDB attorney filed the lawsuit. Many times people receive solicitations from low gr
    3 points
  27. 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: irreleva
    3 points
  28. 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 do
    3 points
  29. I received a notice from our local magistrate stating that I was being sued by Velocity for a lending club loan that I had gotten in 2015. I started researching across the web on how to handle this and what the statue of limitations was on this loan. I answered the summons and today I had the hearing. I found this forum and would love to say thank you. With information here as a starting point, I began to read the documents that I was served. I read them a few times before but nothing stood out to me. So put them down to clear my head. Last night I picked them up to read again and i
    3 points
  30. 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 o
    3 points
  31. 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
  32. To add to this: There are a few other reasons why one would file a pre-emptive arbitration. I have done so on three occasions, and these are three exceptions to the rule. 1. I once filed a pre-emptive arbitration for a Citi small claims court. Had I waited until they filed, I would've missed arbitration. 2. One time the attorney for an OC (I cannot mention because of NDA) threatened to file a few months before my state's 6 year SOL. The card agreement said to use Delaware law for arbitration, which has a 3 year SOL. So I filed in arbitration. 3. One time I had a com
    3 points
  33. 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
  34. 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
  35. 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
  36. 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
  37. ***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
  38. The short answer to this is a resounding YES.
    3 points
  39. 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
  40. 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
    3 points
  41. 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
  42. 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
  43. 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
  44. 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
  45. Okay. The proof of service or affidavit of service should be in the court records. I would ask a consumer attorney how the SOL is affected in the case of an improper default judgment obtained by insufficient service of process (sewer service).
    2 points
  46. I would consult a consumer attorney and discuss the possibility of a laches defense. They waited a decade to try and enforce a default judgment attained by sewer service. I would support the laches defense that it is impossible to determine the facts on this account as the time delay prevents any sort of defense as records you may have had that old are long gone.
    2 points
  47. You're absolutely fine. Filing on time is the important part. Serving your answer same day by regular mail is perfectly fine, overnight def not necessary. In fact you could have skipped the certified mail, no need for that expense when serving your answer, but cert mail is recommended for just about everything else from this point.
    2 points
  48. One problem is it is very difficult to figure out what the OP is trying to convey. The OP keeps saying he's given all the information we need to help him, but we really don't have the information. Everyone seems to be rather confused. From what I can tell, the OP's attorney did well in a case doing something or other. I think it had something to do with claims against the lawyer or FTC or the FDCPA. Supposedly there is some law in this state about 5 days, except we don't know the state or the law. The only law quoted appears to be completely different from what the OP says. An
    2 points
  49. Was this a personal loan or a business/commercial loan? If the loan was taken out for a business, and the loan documents indicate the funds are to be used for commercial purposes, you won't be able to file a consumer arbitration case. Filing a commercial arbitration case will involve a much larger financial investment on your part (typically a 50/50 split).
    2 points
  50. @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