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  1. 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
    2 points
  2. A creditor is not required to take an unreasonable deal to "Mitigate Damages". If all you can afford is $50/month and the contract interest is adding $250/month, that really does not help anyone. Just as a landlord can prove that the only tenants that applied for his apartment were ones that it would not make business sense to accept. It will be up to the judge to decide if the hardship program was reasonable enough that the plaintiff should have accepted it. I doubt that in a creditor friendly state such as Georgia, you are going to be able to make much hay with this but you can try if you wi
    2 points
  3. I know it’s been used in employment law. For instance, a former employee who claims he was wrongfully terminated and is suing for lost wages must actively look for another job. He can’t do nothing for months and claim lost wages for those months. I’m sure there are other types of contract actions where it would apply. When it comes to credit card debt, that’s the purpose of TILA. It requires creditors to charge off an account within 6 months of a consumer’s failure to bring an account back to a current status. That way the creditor can’t keep adding late fees.
    2 points
  4. From PRA’s website: “Will PRA, LLC remove the account from my credit reports after it has been resolved? Your account will be considered paid-in-full or paid-in-full for less than the full balance after your final payment is successfully posted. Within approximately 30 days of your final payment successfully posting, we will request that the credit reporting agencies delete our tradeline related to your account from your credit bureau report. PRA, LLC is required to delete the reporting of its tradeline seven years after the original dat
    2 points
  5. I wanted to add one other thing. You should be able to easily and clearly explain how much you believe Barclays owes you and why. Think of this as prep work on your two-minute opening statement for the in-person hearing.
    2 points
  6. My in-person arbitration hearing took place last month. It was also with AAA. During the preliminary phone hearing the arbitrator, Respondent's attorney, and I discussed the location for the in-person hearing and how many people (including witnesses) would be in attendance for both sides. We also set the hearing date and the date by which all exhibits and a witness list needed to be exchanged. There was some discussion about the extent of discovery that would be required. I would be prepared with some dates on which you'll be available for an in-person hearing. I'd recommend setting
    2 points
  7. 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
    2 points
  8. Oh wow. Do anything else in the meantime? CCP 96 request, etc?
    1 point
  9. @indiana gal According to this: https://www.creditinfocenter.com/legal/credit-card-arbitration.shtml, JAMS is better as it is more costly for the creditor.
    1 point
  10. There are several ways to beat this. The surest way is arbitration. All Synchrony cards have an arbitration agreement. Midland rarely follows into arbitration. They would lose far more money than they could gain. In California someone of limited means can often file in arbitration for free. Check the arbitration thread, and also search for threads on arbitration in California. I forget whether it is Midland or PRA that has a policy of forgiveness of debt for some people who have financial problems, especially medically related. If your financial issues a
    1 point
  11. Every state is different, and different judges or magistrates in the same state may rule differently. If I were in your shoes I would find out how to file a motion in that court, and file a MTC ASAP. You have nothing to lose, and you might win.
    1 point
  12. Court is no longer a factor in your case, so no need to file anything with them. I would file the AAA case and send a copy of my Demand Form to the attorney. Once they received it, I would follow up with a settlement offer asking for a mutual release of all claims in exchange for dropping your AAA case against them. The mutual release is just as good as a dismissal with prejudice. It will be a new contract stating that you are forever released of ALL obligations regarding that account.
    1 point
  13. Just be careful here. If you are dealing with Discover, the original creditor (OC), and NOT a collector, then Discover will not back down like a collector would. I highly suggest that as soon as the arbitrator is selected, that you attempt to settle with Discover as best as you can.
    1 point
  14. Answer: You print off the form from the link I put in (or can even fill in using Adobe Acrobat Reader). No need to get one from the courthouse. The answer has 3 parts: The first box is the part of the complaint that you affirm. This is the stuff that you agree with, usually your name and any other information that is correct such as address. This tells the court what is not at issue. The second box is part of the complaint where you deny. This is the stuff you don't agree with. Usually anything other than name and address but can be address too if incorrect. The third box
    1 point
  15. You have multiple questions here so I will answer them one by one: 1) I have not heard of any state where when you are served, they give you the form to file your answer too. So no, the form does not come with the summons and complaint. In fact, some states require you to use pleading paper to file your answer. California has a form so you should use that. 2) How to fill it out is really simple. You simply fill in the case details. For the admit part, that is where you admit to the stuff you know is true such as your name and address if it is correct. The deny part is where you deny
    1 point
  16. You won't need to state case law during the preliminary phone hearing. However, you should know the laws and federal consumer rules that apply. What's discussed during the preliminary phone hearing will depend on the arbitrator. My hearing didn't include any discussion about the case itself. One thing you need to research is what recourse you have if you file a credit card dispute that's dismissed by the credit card company. What does the FCBA (Fair Credit Billing Act) say about this? The merchant is the party who received the $19k you're trying to recoup. Therefore, you need to fin
    1 point
  17. True, once there is a written agreement. Even with that however, it would be a pain to deal with getting the funds back. Easier to just not give them access in any way that would tempt them.
    1 point
  18. I agree that one should not do anything until there is a signed agreement. However, once an agreement is signed, the creditor can’t demand or take any more than is stipulated in that agreement.
    1 point
  19. I didn't prepare a brief in my case, so I can't advise you on this. If they ask for one during the call, you can tell them you can have one prepared within 30-days if that's how long it will take you. I personally believe you need to deal with some issues on your case as a whole. Understanding the nature of your credit card dispute (your side vs. the merchants') would be helpful to me if you need some guidance. You said you did not receive what you paid for. Was the item shipped and never arrived? I own both an online and a brick-and-mortar store, so I may be able to help.
    1 point
  20. You could show up to the Magistrate Court trial with a motion to remand to State Court. Whether the court will grant it or not is another matter. The case being in Magistrate Court does not prevent a counter claim for FDCPA violations. The Plaintiff can waive federal jurisdiction and agree to remain in the lower court. What the problem becomes is most if not all Judges at that level are unfamiliar with federal law. Many pro-se litigants who have attempted to sue a creditor for FDCPA violations on their own in a State or District Court assuming they will settle have found out the hard
    1 point
  21. Back in 2008 my brother and I had leased a house through a real estate agent only to discover the owner had already lost it in foreclosure after we moved in. We had to fight the bank on being forced out because we were defrauded. (we reached a settlement with BoA that included 6 months free rent) While waiting for our case to be heard the Judge in Gwinnett County made a very accurate and realistic statement to those waiting for court to start. "You are all here because you are likely facing bad times. While job loss, medical issues, reduced hours, car trouble etc. are all very real reasons
    1 point
  22. You have two different issues, even if the company is the same, or different branches of the same company. 1. You have an issue with the lender wanting what is due to them. Completely understandable. Having your car stolen doesn’t remove your obligations to pay off the loan. Of course, the entire point of gap insurance is so the loan will be paid off if the car is stolen. In this instance, the financial lenders are in the right. 2. You have an issue with the gap insurance company refusing to pay for a theft in Mexico. I don’t know the language of the insuranc
    1 point
  23. Notice that in writing, they don't talk about garnishment, just pursuing the court case which they can do. Again, call them and start to do a lump sum settlement discussion. Let them know that you have not been served yet so the case cannot continue on until you are served. Also, if you do get served, you may decide to dispute the debt rather than settle so it is in their best interest as much as yours to settle before service if possible. Again, get it in writing. Also, if you really want to know what is going on, have a friend or family member go to the courthouse and get the summo
    1 point
  24. Well now what are you saying they don't have the "right information" to sue you? Before you get all excited, the amount you could get on your own with a successful FDCPA claim if you win is $1,000.00. You won't get attorney fees, if you don't have an attorney handle that part of it. You say they allege you owe $3k or over that, so 3k minus 1k leaves 2k they could still collect from you. Having the incorrect amount they are suing for, as others have said, they can always amend their complaint to get that part right and add or deduct amounts as necessary. And personally I would consult an attorn
    1 point
  25. If you have not signed any agreement, they cannot garnish or levy anything without getting you served and then winning the case. If they tried to garnish without getting a judgement, they would be in serious trouble. They also cannot use settlement negotiations against you in court. Otherwise, there would not be any settlements. That said, here is what you need to do. You call them up and state that you are signing a stipulated judgement. What you agree to is for a lump sum payment of $3050, they agree that the debt is considered settled and they will dismiss any claims regarding this deb
    1 point
  26. Ok I’m going to call them please wish me luck!! I will update you guys thank you admin and everyone else that have been encouraging !
    1 point
  27. Post it and I will help you out. In the meantime, do some reading with the posts that I've pointed out.
    1 point
  28. @admin I see the agreement @HelpMepls has here and now after setting up the settlement they’re asking for extra fees. If I call and try to settle in full will they then ask for fees also? And how much are these fees and cost usually if you happen to have heard of this.
    1 point
  29. Magistrate's court does not have discovery, and small claims (magistrate's court) is often informal.
    1 point
  30. @LaneBlane 👆 This is very informative. You've given some really great suggestions. Thank you!
    1 point
  31. If the debt is discharged in BK they shouldn't be able to sue you again. If they do, you have an ironclad defense, included in bankruptcy, and a FDCPA violation against them.
    1 point
  32. This is fairly accurate. Getting the case dismissed requires a legal basis not just that you don't think you should have to pay it, job loss, covid etc. Unless the SOL is expired, you are the victim of identity theft or some other legal basis getting a dismissal is not likely. Even minor clerical errors or improper service when they exist the court will allow to be amended and fixed. I have a slightly different opinion on this one. Many good solid NACA consumer attorneys will accept a debt case for a flat rate fee. That fee is dependent on the size of the debt and who the players
    1 point
  33. What credit card is this? Where did you obtain a copy of the cardmember agreement you attached as an exhibit? Are you certain that the agreement you submitted is the correct agreement for the type of card you had and is from the time period when your account was still in good standing? Are the lawyers representing plaintiff the Midand in-house lawyers from Warren? Have you read any of the Michigan threads with sample motions to compel arbitration, motion affidavits, notice and hearing form, proposed judge's order form, certificate of service, etc. on this site?
    1 point
  34. Good to know. It is an opposition to their motion. Under no circumstance is a "letter to the court" appropriate and cannot be considered.
    1 point
  35. In fact, if it were me, I would type up my motion and before I file with the court, I would email a copy to the attorney and say that I intend to file this motion, but as a courtesy I will hold off filing for [3 days or 5 days or what you feel is reasonable] and give your client a chance to accept my settlement offer of a mutual dismissal with prejudice. It kind of gives the attorney a chance to save face and not be embarrassed in court by a showing he failed to comply with a court order and saves you the hassle of another potential court hearing as well. I would say there is a fairly good c
    1 point
  36. I don't know about the unfair trade practices. This doesn't need to be very complicated. Simply make a motion titled Defendant's Motion to Dismiss With Prejudice and Sanction Plaintiff. In the motion I would recap everything leading up to this point, such as Plaintiff filed the complaint on XX date, Defendant filed a Motion to Compel Arbitration on XX date, The Court Granted Defendant's motion to compel arbitraiton on XX date and ordered that [whatever was said about filing arbitration]. State that Defendant filed the arbitration case with JAMS (include a copy of your JAMS demand file), st
    1 point
  37. No. This is simply a computer generated response to anything they get from you. You are over thinking this. It is why using certain strategies against a JDB works, because they are literally on auto-pilot and simply sending out computer generated notices in mass qualities for hundred of accounts at the same time. Keep the letter for potential later use. Wait for communication from court or directly from the attorney involved.
    1 point
  38. Hi Ddjcplus4, What is the amount you are being sued for (roughly)? You don't need to respond to the suit until you are served. Once you are served you have 30 days to file an answer (if served personally) or 45 days (if by substitute service).
    1 point
  39. I just picked up the document and it is a Disposition Notice saying the case is dismissed and the motion to compel arbitration is granted. I will send it in with my AAA demand form and see what happens.
    1 point
  40. The courts can either dismiss the case or continue it pending arbitration. Depends on the courts, state, judge, and rules of civil procedure. Many courts may continue the case rather than dismiss because of the cost of filing another case to affirm the arbitration award should the plaintiff win. If the case is continued, you do not need to worry about it other than keeping the judge up to date and whether arbitration how the arbitration is proceeding. Not a huge deal other than filing papers every so often. That said, you will need to consider how to settle if you have a bad case. A bad c
    1 point
  41. There is probably not a state specific MTC or opposition to MSJ on this site. For the MTC, you can default use the SCOTUS case law. For MN case law, go to Google Scholar and choose “Minnesota.” Search for arbitration rulings based on the Federal Arbitration Act. Considering you are in state court, I would use state court case law. For the opposition to MSJ, you need to show that there are issues of material fact that prevent an award of summary judgment. Find MN state court case law that supports you. Note that unpublished opinions are not precedent. They can be persuasive but
    1 point
  42. @Neveragain02 @Clydesmomis making a good point. Even if Suttell committed an FDCPA violation, it would have no effect on a lawsuit filed by an OC. You would not be able to raise the violation in a counterclaim because the OC is not bound by the FDCPA, and Suttell is not a party to the lawsuit. Since the OC is not bound by the FDCPA, a violation committed by the attorney would have no effect on negotiations.
    1 point
  43. THIS is your major issue. This is an amount of money that is worth pursuing. They are an OC which means they have all the documents they need to prove the debt. Even if there is an FCDPA violation it is less than 10% of the debt which means even if they lost on a counter claim they still stand to collect a lot more. My educated guess is that when you had a lawyer send a letter stating you had representation but mentioned nothing of BK or a settlement offer that BoA merely presumed you were gearing up for litigation and sent the file along to their law firm. I still do not believe any
    1 point
  44. HE GRANTED THE MOTION TO ARBITRATE!!!! The hearing lasted all of one minute!! Now I just submit the demand form to AAA, yes?
    1 point
  45. Read the agreement again. It includes the following: Unless you opt out of the Agreement to Arbitrate, you and we each agree to resolve any Claims (as defined below) in accordance with the provisions set forth in this Agreement to Arbitrate. Pursuant to this Agreement to Arbitrate, any Claims will be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. It
    1 point
  46. Thank you for updating. It’s a help to future readers. As long as you’re satisfied with the outcome, we’re happy for you. OCs are much more difficult to defeat, and not everyone has the time or ability to do what is necessary to put up a good defense. In fact, considering that OCs can and will provide admissible evidence, we don’t always have a valid defense that will result in a ruling in our favor. I don’t blame you one bit for settling. Now, you can focus on other parts of your life that don’t involve this lawsuit. Other consumers who read your thread will understand th
    1 point
  47. 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
    1 point
  48. I just spit my drink out...that was hilarious!
    1 point
  49. I've read the steps - which creditor have you heard of that sends out debt settlement letters automatically? I've been robbing from Peter to pay Paul, now my cc debt exceeds $130,000 with my last transfer balance checks last month - I can only make payments for two more months and if my business doesn't turn around - I'm done - can't make another payment. My fear is that the credit card companies will sue me because of all my balance transfers - has anyone else been in this situation and stop making payments - I just want it all to go away and I'd love to settle this mess - but I don't want t
    1 point