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  1. Update time : I refiled my motion, it was granted. Days later I got an unsolicited dismissal with prejudice from the opposing counsel. Looks like they just decided to kill it on their own after a year of patty cake with me. 3 lawsuits down, 3 wins. No more to go.
    3 points
  2. 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
  3. If a judge has ruled that they other side must follow the contract and use private contractual arbitration, they simply cannot refuse to pay the fees and use their own refusal to get the case back into court. That is called a failure to follow a court order and courts do not take kindly to parties that fail to follow their orders. What has happened is that they, the writers of the contract, are saying that they do not want to follow one of the terms of the contract now because it is inconvenient for them to follow it while you, who were told to take it or leave it in regards to the contract, must follow its terms to the letter. The courts do not allow a situation like that because it would be unfair to the party that was told to take or leave the contract. They put the arbitration clause into the contract for their benefit and now, since it is not beneficial to them, they don't want to follow the clause they put in. So, if the AAA case is closed and the court case is still open pending arbitration, you file what is a motion for sanctions which asks that the court punish the other party for not following the orders of the court and request a remedy, including dismissal with prejudice. In that, you inform the court that the reason arbitration did not happen was due to the other parties refusal to follow the court order.
    2 points
  4. Was your last payment made 6 years ago? If so, the account is outside the TX SOL If they sued, you’d have an affirmative defense and an FDCPA violation counterclaim.
    2 points
  5. @Clydesmomhas explained quite a bit but you have to also understand how small claims court works. I usually describe it as Judge Judy without the attitude from the judge. You present your side of the case, the other presents their side of the case, and the judge decides. There is usually no discovery and the rules of evidence are very relaxed. That is one of the reasons that many states do not allow lawyers in small claims. That is also why in most (probably all) states, you can appeal to the civil court and get a trial de novo. Each state sets its own rules and some states allow corporations to be represented by attorneys and other states do not allow attorneys or even corporations to use small claims courts at all. You really need to understand what you state allows and don't allow. Even if the rules are looser than civil court, that does not mean that a judge will not enforce them so don't expect a JDB or their law firm to play fast and loose with the rules. After all, they have 100s of cases in front of these judges (who usually rotate) and the last thing they need is a pissed off judge to deal with. Finally, we keep forgetting the white elephant on this board. The fact is, most of us really owe the money. Some of us simply refuse to pay for whatever reason and others cannot pay, for whatever reason. Now if the plaintiff cannot prove that we owe the money, that is their problem. If they can prove it, then it is our problem. Sometimes there is really no way to defend a well evidenced and prepared case by a plaintiff. The best option is to settle or bankruptcy. In other case, due to shoddy paperwork, lack of effort, or generous contract terms, we can win the cases. It is really dependent on many factors and we really cannot tell what ifs until things get going. That said, most major JDBs are not going to try to skirt the rules so much anymore. They might make a mistake her or there but they have really cleaned up their act since the financial crisis and aftermath. Those who violate the rules these days are usually scammers who use fear more than anything else, are all bark and no bite, and don't care because you can't really track them down.
    2 points
  6. There are only a handful of states that prohibit attorneys in small claims court. California is one of them. For debt collection cases in states where attorneys are not allowed in small claims court they have to file in State Court. i.e. The next level up of court. In Texas some attorneys go ahead and file there because Justice Court requires permission to do discovery and limits what can be sought. State Court does not. Georgia has Magistrate Court where the limit is $15,000 and there is no restriction on attorneys using this small claims court. However, Magistrate Court does not allow discovery at all so some firms go straight to State Court to avoid that. The limit for small claims cases varies from state to state. The typical limit is $5,000. Some moved it up to $10,000 and a few have it as high as $15,000. The value of the case does not necessarily make it small claims. The court the case is filed in DOES. State Courts do not cap the limits that can be sought. Small Claims court does. Therefore some Plaintiffs are forced to a higher court when the cap is low or they don't sue for full value. CITI does not have a carve out for small claims court suits. They have a carve out for arbitration on cases filed in small claims court. So someone sued in Magistrate Court in GA for $11k could not compel arbitration because Magistrate Court IS small claims in GA. Someone sued in California in State Court for a CITI debt for $2335 could compel arbitration because the case would have to be filed in State Court since attorneys are not allowed in small claims in California.
    2 points
  7. They cannot "levy your bank account" without being granted a judgment by the court. Answer the lawsuit with a general denial. This is the wimpiest and laziest law firm in Texas and they don't like to do anything beyond collecting default judgments from the 95% of defendants who do not respond at all.
    2 points
  8. First off, you need to tell your mother and sister that this is a scam and that they should just hand up. The first flag that this is a scam is refusing to give you a company address. This is a big no-no under the FDCPA and the legit JDBs know it and will give you an address upon being asked. The second one is the threat of service (especially at employer). No service process company will call you to tell you that you will be served. Who would be home if they really did do that? What they are doing is highly illegal and they know it. If you want to be sure if you are being sued or not, go to your county court's website and look or call the county clerk. That will tell you immediately what is going on. Beyond that, do not talk to these people and never give them you personal information. Some people here like to play with people like that but don't bother if you think you will do something foolish.
    2 points
  9. 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.
    2 points
  10. This seems to say things could change if things change. All things must pass. We can only look at the current state of things, where arbitration is expensive for the JDB and they can’t initiate. BOTH would have to change for the JDBs to go back to arbitration. Essentially, if we went back to the way things were with the NAF scam, we would need to worry. Unless there are major changes, this won’t happen. But it could happen. There was a joke in Poland during the iron curtain days: An old man refused to put his money in the bank. His son intervened: SON: At least put in 100,000 zlotys. When you see how convenient and safe it is, you will want to put in the rest. OLD MAN: I have seen many banks fail. What if the bank fails? SON: The bank is backed by the Polish government. If the bank fails you still get your money. OLD MAN: I have seen countries come and go. I saw Poland fall before. What if Poland falls? What will happen to my money? SON: The Polish government is backed by the army of the entire Soviet Union. OLD MAN: What if the Soviet Union falls? SON: Isn’t that worth 100,000 zlotys?
    2 points
  11. Agreed. Also, MLH, in the letter your wording states "payment towards debt in full". This is not necessarily the same as "settled in full", which is what you're seeming to look for, yes? They may, they may not. They very likely WILL ask you questions over the phone, if you call them asking about medical hardship.
    2 points
  12. This is true. Also very important. if for some reason the new attorney claims the failure to pay was due to malfeasance on the part of the old attorney, that is when the argument that the new attorney had over a month to clean up the mess comes in.
    2 points
  13. @BackFromTheDebt @Vaness@ I’m not sure the new attorney can make the argument that the previous attorney neglected to pay the arbitration fees. The attorneys don’t pay the fees. The plaintiff does. In MTD, your argument is that the plaintiff failed to pay.
    2 points
  14. You did the right thing in sending option 1 because they are not required to provide what is requested in option 2 in order to validate a debt.
    2 points
  15. THIS^^^^^^^^^^^^^^^^^^ He lost the case. That Midland backed down at the thought of appeal doesn't mean he won on the merits and gets costs. Anyone else would be celebrating pushing them to back down and moving on. My prediction is if @HueyPilotpursues this they will come back full force pursuing the entire debt. Sometimes it is better to let sleeping dogs lie.
    2 points
  16. @LaneBlane 2020 Minnesota Statutes 541.31 CONFLICT OF LAWS; LIMITATION PERIODS. §Subdivision 1. General. (a) Except as provided by subdivision 2 and section 541.33, if a claim is substantively based: (1) upon the law of one other state, the limitation period of that state applies; or (2) upon the law of more than one state, the limitation period of one of those states chosen by the law of conflict of laws of this state applies. (b) The limitation period of this state applies to all other claims. Subd. 2. Action arising out of state; resident plaintiff. If a cause of action arises outside of this state and the action is barred under the applicable statute of limitations of the place where it arose, the action may be maintained in this state if the plaintiff is a resident of this state who has owned the cause of action since it accrued and the cause of action is not barred under the applicable statute of limitations of this state. History: 2004 c 211 s 2 541.32 RULES APPLICABLE TO COMPUTATION OF LIMITATION PERIOD. If the statute of limitations of another state applies to the assertion of a claim in this state, the other state's relevant statutes and other rules of law governing tolling and accrual apply in computing the limitation period, but its statutes and other rules of law governing conflict of laws do not apply. History: 2004 c 211 s 3 541.33 UNFAIRNESS. If the court determines that the limitation period of another state applicable under sections 541.31 and 541.32 is substantially different from the limitation period of this state and has not afforded a fair opportunity to sue upon, or imposes an unfair burden in defending against, the claim, the limitation period of this state applies. History: 2004 c 211 s 4
    2 points
  17. I would like to thank the moderators for deleting the many spam posts from people who write stating there is a service that took their scores from 500 to 800 in 90 days and aren't they wonderful.... There is no free lunch.
    2 points
  18. Case update: my MTC hearing was this morning and it was granted! Midland was a no-show again, just like my previous MTC hearing this year. I will start the arbitration process with JAMS once the electronic order is available which the judge said will take 24-48 hours. Some notes: The judge did say "This is unlike them" when referring to Midland having no one present for them. He took a few minutes to review my POS-030 form (PROOF OF SERVICE BY FIRST-CLASS MAIL) to make sure it was all in order. Just for reference, I filed the POS-030 form, a copy of the certified mail receipt, and a copy of the domestic return receipt (green card) as one document as proof of service. Also, this was a remote video hearing, not in person.
    1 point
  19. Never call a JDB (or their attorney's office) for any reason and do not answer your phone if they call you. Also ignore any letters from them.
    1 point
  20. I did not know about the SOL issue. That makes things even more interesting. If they do file in court again after not paying the AAA fees, file an answer again with your affirmative defenses of SOL and lack of jurisdiction but include a counter claim for FDCPA violation based on SOL. This will mean that they cannot dismiss again without working with you. You have the right to have your SOL claim and MTC heard because those issues have not been heard yet. I have a feeling however that they have already given up on your file and might have even sold it along with a warning that you will fight them. They do not want to go back to court because they know that you are ready to hand their rear ends to them. They are going to move along and leave you alone.
    1 point
  21. What is happening with the lawsuit in VA court? If it was dismissed they can't file as it's definitely passed the SOL now. Was it dismissed? What happen with the motion to dismiss due to the Statutes of Limitations being over? If the case was stayed and judge gave you a show cause date. You can have the case dismissed for JDB not participating in Arbitration.
    1 point
  22. MCT was granted have until next month to do the AAA boy oh boy thanks for all your help
    1 point
  23. That is a completely different kettle of fish. SOL plays no part in your strategy. Step 1: Send in a DV. As for Step 2, that is an interesting situation. You have two options. Either wait for them to sue and fight it out in court, or, assuming this will wind up in small claims, file for arbitration before they can sue you. That is the only way to get a Citi case into arbitration if it’s small claims is to file before they sue. That’s how I got a small claims amount for my Citi/Home Depot into arbitration. I am no expert on Texas. @texasrocker is. So I always defer to his greater knowledge of the Lone Star State.
    1 point
  24. The issue here though is unlike the cases brought by banks and JDBs against debtors who owe, @Harry Seawardis trying to bring a claim against a bank. Since the contract requires that the claim be arbitrated, Harry tried to start an arbitration case with AAA in accordance to the contract. AAA has told Harry that they will not take the case because the bank has not paid fees from other cases already (or some other reason involving fees). At this point, should the bank be allowed to enforce the arbitration agreement in court since they already breached it and if not, could this open them up to a class action suit. In other words, does the breach of the arbitration part of contract override the Fair Arbitration Act? This is an issue for a judge to decide. Another question is that should a plaintiff be forced to take a defendant to court to force them into arbitration when the point of arbitration was to avoid court to being with? The closest we had to deciding this was the cases filed in arbitration against Uber in 2018 where Uber was refusing to pay the fees for a huge number of cases involving the same claim. Uber however decided to settle those cases out of arbitration and court (and I am sure there are NDAs on those settlements). That is why the arbitration companies came out with the sliding fee setup for what essentially is the same claim filed multiple times against the same company. Uber is now fighting for that sliding scale fee in another claim involving Uber Eats fee reductions for BIPOC communities. The point is that arbitration is supposed to be an alternative forum to decide issues and claims rather than civil court. It is not supposed to be a method to avoid litigating those claims completely.
    1 point
  25. Uh, telling them you are going to rack up their bill may be a bad idea. If they win the case, they may claim you are acting in bad faith. That may give them an opportunity to force you to pay their fees. This has been seen rarely, but it has been done. One of Judge Susan Weber Wright’s last cases she put about $60,000 in sanctions against a guy for acting in bad faith. The fellow who was sanctioned posted here and the deduct “other “ board under the name ColtFan. We have also seen this in JAMS a few times.
    1 point
  26. Yes, but if i use Ohio's borrowing statute then No.
    1 point
  27. @Xtreme98 It is easy to 'armchair quarterback' what someone else is going through. In the end, it's all on your shoulders, and you have to decide what is best for YOU -- and your health! Having said that, imo, you've come a long way! If you can I say stick with it to see if the JDB forks over the next several thousand (or more). At this point I'm pretty sure they can still get 100% of their initial fee refunded -- losing nothing whatsoever! If you decide to hold on for a bit longer, I'm sure a lot of people on the forum will be as helpful as possible. Best, Jimmy
    1 point
  28. Credit reporting and the SOL for collection have nothing to do each other. Depending on one’s state laws, a payment after default or charge-off can reset the SOL for collection. The only way a payment can make a difference to the DOFD on a credit report is if the payment brings the account back to a current status, and then consumer defaults again. But, once an account is charged off, it can never be brought back to a current status. Therefore, the DOFD can never be changed no matter how many payments you make.
    1 point
  29. 1 point
  30. It's been settled, thank you.
    1 point
  31. Nope. Not even close. He moved out of state 10 months prior to the case being filed. His residency determines where they sue not where he defaulted. Had they filed before he moved the OP would be forced to try the case in Cali. Okay, if you are comfortable drafting your own motion do so otherwise hire a consumer lawyer to file a motion to dismiss for lack of jurisdiction. The basis is they filed in the wrong jurisdiction and venue as the Defendant has not resided in California since 11/2020 and therefore the court does not have jurisdiction to hear the case. This forces them to start over in Virginia. You need to presume that you have been served via the electronic delivery. Failure to answer and file this motion means a default judgment and you do not want to try and unravel that.
    1 point
  32. @Xtreme98 As I've said many times, my entire knowledge of arb could fit in a thimble! But, always wanting to help a fellow Arkansan (as the forum has ALWAYS helped me), it may be best to focus on the immediate need (with thought of overall strategy in back of mind), by finding out more about your FIVE arbitrator choices. I don't know any 'rules-of-thumb' on this, but would think others would opine as to whether it's better to choose a former judge, as opposed to a former lawyer, for example. Maybe if you can find cases a former judge presided on to see if there is ANYTHING at all that might provide a 'tell' as to being consumer-friendly or not. Or, this may not matter at all -- I just don't know. In the little bit of looking at the JAMS site, it looks like you can get a 'bio' on all the arbitrators. See what you can find. Is the arbitrator that charges $7000 per day better, or the one who charges $550 per hour the best choice?? Clearly you want to have JDB pay as much as possible by taking as long as possible, withOUT being considered as being frivolous. It seems as long as your ultimate arbitrator thinks you're playing fair, it is less likely you would have to pay THEIR fees. Hope others can give more and better opinions than I! I'm reading-up a bit more on arb. If anything useful stands out, I'll certainly post. Good luck! Jimmy
    1 point
  33. See below: Short sweet and to the point. No need to take up more than half a page in this thing: Dear Midland, Due to long-term unemployment and disability, I hereby request a hardship waiver of this alleged debt. I am prepared to offer documentation supporting this hardship; please let me know what I need to provide and I will do so. The more I think about it, the more that this letter should simply be a hardship waiver request, and not a settlement offer at this stage.
    1 point
  34. You are approaching this from the wrong angle. Midland only cares about your ability to pay the debt. From what we have seen anecdotally on the boards when someone requests a hardship waiver of their debt Midland wants pay stubs (if still working), proof of disability, and/or bank statements tax returns showing poverty level income or lower/insolvency. They do not care about your personal opinion pieces on whether or not you should take the shot(s). A letter from your physician stating that you are disabled and will not be able to return to work is an absolute necessity. Failure to provide the needed proof means they deny the hardship waiver. ALL you need to send initially is a letter stating you are requesting a hardship waiver of the debt due to long term unemployment and disability. Midland should/will respond telling you what documentation they need to approve the request.
    1 point
  35. I would send it by certified mail, return receipt requested. As far as the MTD is concerned, let’s see what @BackFromTheDebtadvises. Here’s an example of a DV letter. Your name. Address City, State Date Law firm Address City, State Debt collector account number (or whatever they referenced in the letter) To whom it may concern: I dispute the above-referenced debt and demand validation.
    1 point
  36. The issue here is that you think that the national JDBs simply look in the phone book for an attorney and then hires them at full rate. That is not what happens. As @Clydesmomhas said, they have a national law firm on retainer who they pay a set amount per case. Most of the process is automated anyways and a computer is what is making all of the decisions. The so called paralegals that they hire are really glorified debt collectors who get a % of what they can get you to settle for if you call. That is why we recommend all correspondence between you and the attorney be based on mail and if a court process requires that you pick up the phone and call them, demand to speak to the attorney only and not a paralegal. Most cases are not answered and lead to defaults or pre-answer settlements anyways and that is where the law office and JDB make the most money from collecting debts using the courts. Here in Minnesota, only 2% of those sued in court actually answer the case to begin with (even after the state required a cover letter on the complaint and summons in big bold red letters saying that you have been sued and must file an answer within 20 days to preserve your rights). The cheap paralegals are also the ones that do most of the back office work such as answering discovery and motions and that sort of thing. The lawyer signs off on those after looking through the documents, maybe 30 minutes top on a difficult subject, 5 minutes on all others. For those that answer and get to a court hearing of some sort, the computer tells the law office to hire a local rent-a-attorney for a set fee of usually $150 for the case. the local attorney is usually one who is not part of a law firm and did not graduate top of their class. They may read over the case the night before to be up to speed (and some don't even do that and have no clue what is going on in court). The rent-a-attorney's best asset is not litigation by scaring you into a settlement in the hall. Usually, about 50% of those who answer end up settling leaving 1% of those sued who actually take the case to the end. That is why most JDBs drop cases which get too far in the court process. Your case has gone the furthest I have ever seen of someone who fought and actually wore the JDB down in the end. My guess is that court approved arbitration (not the consumer arbitration talked about) is cheap for the JDB so they chose to go that route. This system is a well-oiled machine where only 1 in 100 people put enough sand into the machine to make them walk away and it is worth it to them. However, there is no way a simple debt case would cost $80,000 unless the case ended up going to SCOTUS which I doubt happening. Even arbitration does not get that high. Most likely, the JDB say that you were lawyering up and decided to quite because any lawyer worth their weight can get these cases thrown out. The computer algorithms even take that into account in deciding what to do next. I would be shocked if any of these cases, outside of contractual arbitration, cost more than a couple of thousand of dollars for the JDB to take all the way and more likely, less than $1000 for defaults (or whatever the state allows them to charge).
    1 point
  37. Yes, I am from Wisconsin. Kohn is a law firm. They are considered to be the best debt collections firm in the state. I don’t know anyone who has beaten them. They are also considered the most ethical debt collection firm in the state. The nature of possible fraud in this judgment is very vague given what little has been said. The advice by @Bulldoger to contact the firm directly may be good. If this is a substantial amount of money and you know an attorney who would give you a free consultation, contact an attorney first. The information you gave us is too vague for us to give you any more advice. Maybe if you gave us more information, such as the amount and what paper has the incorrect signature, and if that signature is a forgery, we could help. Forgery is a crime, after all. I can’t recommend an attorney for you against Kohn. There was one time about 15 or so years ago when they hired the state’s best consumer lawyer, Briane Pagel, to do some work for them. Because of that, Mr. Pagel won’t work against them, due to conflict of interest rules. And I don’t know who the second best attorney is.
    1 point
  38. @Naz I believe @BackFromTheDebtis from WI. Hopefully, he’ll chime in. You said a signature on one of the docs is not yours. If you’re referring to the summons and complaint, was anyone living with you at that time? BTW, Kohn is a law firm. It does not purchase debts. It is hired to represent creditors in courts. The plaintiff is the party that sued you. Who is named as the plaintiff.
    1 point
  39. Can you still file an answer? Maybe. If you file an answer now, some judges will allow the answer anyway, others will disallow it because you missed the deadline. There is only one way to find out.
    1 point
  40. @Jimmy E Have you read this? It doesn’t say that a default judgment must be filed. https://arkansasag.gov/arkansass-lawyer/legal-resources/guide-to-small-claims-court/ It does say: ”If the plaintiff appears but the defendant does not appear, the court may enter what is known as a default judgment against the defendant. This means that the plaintiff has won his case. However, the plaintiff must still be prepared to provide to the court evidence and testimony to support the plaintiff’s claim for relief.” If it were me, I’d go to the courthouse and see what “evidence”, if any, is in the file.
    1 point
  41. Because you have to take out a pay day loan and not pay it with them first.
    1 point
  42. would this be under a request for sanctions as the case was not heard on the merits.
    1 point
  43. Since this is now well pass the 4 yrs SOL it's as good as a dismissal with prejudice. Tell your Mom it's over.
    1 point
  44. 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.
    1 point
  45. Good 'ole Swim received a visit the other day form an uninvited guest and they dropped off a summons. 1. Who is the named plaintiff in the suit? Capital One Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hunt & Henriques 3. How much are you being sued for? $ ~6k 4. Who is the original creditor? (if not the Plaintiff) Capital One 5. How do you know you are being sued? Served 6. How were you served? (Mail, In person, Notice on door) Served in person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Dunning received, request for verification sent, ~12 months statements received along with an intent to file suit 9. What state and county do you live in? San Diego, CA 10. When is the last time you paid on this account? Within Statue of Limitations 11. When did you open the account (looking to establish what card agreement may be applicable)? 2016 12. What is the SOL on the debt? 4 years 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days after the summons The action is a limited Civil Case, does not exceed $10,000 The cause of Action complaint with 4 common counts: Plaintiff alleges the defendant became indebted to the plaintiff A. Within the last four years on an open book account for money due because an account was stated in writing and between plaintiff and defendant in which it was agreed that defendant was indebted to plaintiff. Within the last 4 years for money lent by plaintiff to defendant at defendant's request for money paid, laid out, and expended to or for defendant's special interest and request. In the civil case cover sheet the case type is a Contract - Rule 3.740 collections (09). 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No additional evidence provided. === My next step is to draft a general denial. My question is, how should I approach the general denial. I've searched the forums here, while there's examples of a lot of other forms and templates, I haven't see any examples of a general denial. Some threads suggest adding all of the affirmative defenses one can, while others suggest to keep it simple. Can I just send a general denial based on the complaint isn't verified? Should I include separate affirmative defenses as well (such as Failure to State a Cause of Action or ambiguity) or will that cut it? Next should I send a Bill of Particulars (BOP), requesting all items of the case? @RyanEX I see you're in SD, any insight would be much appreciated. Thanks! ~Swim
    1 point
  46. @HueyPilot When an arbitration is closed for non-payment of fees by the JDB, the arbitration forum will state that reason. That’s where the court order to arbitrate comes into play. By not paying fees, the JDB has disobeyed a court order. It doesn’t get to disobey it and not be sanctioned in some way. Upon a JDB’s refusal to pay fees, a consumer defendant can motion for dismissal of the lawsuit as a sanction for the plaintiff’s failure to comply with the order. Courts have specific rules for failing to abide by court orders.
    1 point
  47. Actually, now is the time to buy. Look at housing prices 10 years ago. The market was for sure over inflated, but only for the times. We're back up there now, but it's been a steady climb the last 6 or 7 years add opposed to the 18 months from 10 years ago.
    1 point
  48. Texasrocker, This real life example might help you, hope it does. In a case of mine, I sued a junk debt buyer (JDB) for violating the FDCPA. The JDB argued since they bought the account from the original creditor, they stepped into the shoes of the original creditor (which is actually true) and the FDCPA does not apply to original creditors (OC), another fact which is 100% true. They then made a fancy pleading full of relevant case law, quotes from the courts, citations, and even made the argument that if congress wanted OC'S to be bound by the FDCPA they would have clearly written the law that way. They used the old congressional intent and a bunch of fancy jargon, somewhat like you posted. In honesty, it looked good. Your first impression would have been dang, they got a ton of law on their side. And to be honest again, they were 100% right. Not a word they wrote was not correct, I found zero wrong with their argument. But here was the problem, they took they position they were the OC, but never made an argument they were the OC. They simply took they position they were the OC and ran with it like the fact had been ruled on 9-0 by the supreme court. So their arguments, case law, and theory was 100%. However, they still lost. They never proved they were the original creditor (because they were not of course is the reason) so all the fancy arguments, although dead one, were irrelevant. My only argument was they are not an original creditor, but for the record, I agree 100% with every one of their arguments that an original creditor is not bound by the FDCPA. That is what these guys are doing to you. They are hitting you with fancy sounding case law and jargon, and their arguments are right. However, right for the set of facts for the case they cited. If your case is not the same as the case they cite, then they can be 100% right in their arguments, but who cares. It's all irrelevant since the set of facts in the two cases are different.
    1 point
  49. Just got out of court. My lawsuit was against Arrow. They did not show. I argued my case to the Judge. I get $2000.00 plus court costs
    1 point
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