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  1. 2 points
    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. 2 points
    Yes. And Props to @fisthardcheese for adding some final sharpening to the blade!!!
  3. 2 points
    Yes, PRA seems to be either hiring cowboy attorneys or in some states they are deciding to eat the arb costs an come out negative or even for some odd reason. But this is not ALL PRA cases. However, one you file and have confirmation of acceptance from AAA, be sure to let us know each step in the case because dragging your feet and making sure things are done in a long, drawn out and deliberate manor with PRA is more essential than before.
  4. 2 points
    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 your possible strategic next steps.
  5. 2 points
    @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 wanted to make sure I "knew" what that meant, then he brought the R-S guy on the screen who wanted to talk about a mediated direction. i said no thank you I had been doing some reading and meditating and have decided this is the route I feel comfortable going with. JoP didnt try to perswade me and when he asked the R-L guy if he had any objection? The R-L guy was (deep sigh) "No I do suppose I have an ubjection but, I don't recomend it as I had already said (another medium sigh), then the JoP started to write on paper and said, Okay, I am granting the Motion to compel. I ask the JoP how I would be recieving a copy of it, he said well, seeing as how your in the parking lot, you can come inside in a minute and we will give you a copy. so then I fumbled with the button in the screen to leave the session while getting to hear the JoP talk about getting the next case lined up and unmuted.... So, after I was screen turned off. I took a deep breath and said "thank you to y'all here who have now helped me get to this safe "staging point" where I can now take a breather and prep for the stages of ARB........
  6. 1 point
    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 combination of events with an OC. 3a. The card was in my wife's name. I could fight the battles for her in arbitration, but not court. 3b. There was genuine malfeasance on the part of the OC. I mean, they messed up BAD. 3c. For this account, I could also file against the law firm in arbitration. and the law firm had violated some laws. There are exceptions to every rule. Other exceptions would be if you need some kind of security clearance and having a court case would mess you up. I work in banking now, so every case I had in court had to be carefully explained. BUT, you need to know WHY the exception applies.
  7. 1 point
    It may not be fair, but in general Indiana is one of the worst states in the country for debtors. Maybe THE worst state. Remember I mentioned in a previous post that some people who blow off debtor’s exams wind up in jail? Certain judges in Indiana are famous for throwing debtors in jail. Take this extremely seriously. Bad things can happen. Right now you need to either call a lawyer, call the judgment holder to settle, or prepare for your debtor’s exam. Maybe all three.
  8. 1 point
    It's a Citi Bank card. The clause says the business will only pay my portion of filing fees if the arbitration is not related to debt collection. I emailed the attorney of the JDB today about a mutual release. If he ignores me, I will eventually have to file for arb to satisfy the court judgement. After that, I can continue to attempt contacts to negotiate a mutual release while waiting to see if they decide not to pay the arb fees. If they dont pay, I can go back to the court with evidence that they did not cooperate in arbitration and ask for a dismissal with prejudice.
  9. 1 point
    As @BV80 said you cannot get a public defender for a civil suit. In fact in some states if jail time is not a possibility on the charge(s) you cannot get one they are so over worked. You are all over the map on this one and making this way harder than it needs to be. You are treating this like a collection when in reality you have already been sued and lost. The responses to a judgment are very different than a collection letter. Looking at your other posts it appears that what they have sent you is NOT a collection letter but a debtor's exam. If this is what it is then the DV letter is ignored and if you fail to answer they can issue a warrant for your arrest. Whether the court will issue one is another matter. You are not being sued again. They are trying to collect on the judgment and 10 years post judgment interest. You have three options for legal help on a limited income: call Legal Aid in your area. If you qualify they will see you an go over all the paperwork and explain your options to you. In some cases they can go to court with you on these matters. Call your local law school. Often they have a legal aid clinic at low or no cost where they can review the papers but cannot go to court or represent you. Go to Consumer Attorney and find a good lawyer from the list in your state. Most will do a first consult by phone for free. DO NOT keep messing around because if your court takes debtor's exams seriously you do not want to find out the hard way by being arrested.
  10. 1 point
    This does not appear to deal with future claims. The wording is from the beginning of time until the agreement is executed. Nothing about after that agreement is executed.
  11. 1 point
    The 609 dispute “secret” is bogus. Under § 609 (U.S. Code 1681g), CRAs have to disclose information it has on file. It cannot disclose information it does not have. The proponents (scammers) of that method suggest that CRAs must send a copy of a signed contract in order to verify information on a credit report. That is not true. In fact, not every account requires a signed contract. A credit card is an example of one for which no signature required. Notice those scammers never provide any supporting statute or case law that shows only a signed contract can verify information. A "consumer's file includes `all information on the consumer that is recorded and retained by a [consumer reporting agency] that might be furnished, or has been furnished, in a consumer report on that customer." Shaw v. Experian Info Sols. Inc., 891 F.3d 749, 759 (9th Cir. 2018). Appellants received complete copies of their consumer reports. They are not entitled by the FCRA to information that is not in their report, and they fail to identify what information Experian improperly excluded from its disclosures. Shaw, 891 F.3d, at 760. In addition, the scammers fail to understand that consumers bear the burden of proving their allegations, If a consumer claims his report contains inaccurate information, he must prove it. The same goes for a claim that a CRA did not conduct a complete or satisfactory investigation.
  12. 1 point
    @panic unit You must first file a fact specific dispute with the credit reporting agencies (CRAs). In order to claim a violation of the FCRA, furnishers (creditor’s and collection agencies) must receive notice of the dispute from the CRAs. You can dispute directly with the furnisher, but there is no private right of action for a violation of a direct dispute. You are in the 6th Circuit. In light of § 1681s-2(c)'s express limits, consumers may step in to enforce their rights only after a furnisher has received proper notice of a dispute from a CRA. Boggio v. USAA Federal Sav. Bank 696 F3d 611, 614 (6th Cir. 2012).
  13. 1 point
    What @fisthardcheese said, with prejudice. You don't want "without", you want "with". You are still far from statute of limitations, which is the time the JDB can sue you for the alleged debt. If you sign and agree to without prejudice you are just essentially giving time for them to refile and do the exact same song and dance all over again.
  14. 1 point
  15. 1 point
    Doesn't matter. SAY NOTHING. https://www.cnn.com/2014/03/02/us/facebook-post-costs-father/index.html
  16. 1 point
    UPDATE: It looks as though I may have managed to get a Mutual Dismissal with Prejudice from 2nd Round Sub (Section 2 of the AGREEMENT). I'm not an attorney, so in reading this document through there are some sections that seem unclear or unnecessary. But I'm so glad to see that it includes "dismissed with prejudice". I followed the information in the group and for now it looks like we might have won against 2nd Round Sub. Thank you so much to everyone that contributes to this wonderful Group Forum. Thank you so much Clydesmom for trying to help answer my many questions.
  17. 1 point
    Then unless something crazy happens, I don't see a need to contact or file anything with the court any more. You have filed and complied with this court order, your part is done and the case is closed. Now you just wait to see what happens with the arbitration case.
  18. 1 point
    There are several counties in California where 3 years to trial is not at all unusual. Add the covidiocy and it can drag out even longer. As for the reporting killing your credit is why they do it. For a settlement that low original creditors always want proof of low income to justify the 90% discount. The problem you have is you are being sued by an original creditor. Sites like this are formed based on collections by JDBs. There are only 2 defenses to a suit by an OC: identity theft and statute of limitations. Neither of which appear to be available to you. California does give its residents added protections. There are many Cali threads on here that can guide you on those. Arbitration may or may not work. Often an OC will follow in and all the way through regardless of cost. You have the added problem of participating in litigation for 3.5 years including discovery which in many states waives your right to arbitrate.
  19. 1 point
    I appreciate all your suggestions, I would absolutely LOVE to drive up there and record the sheriff march into the building and start seizing assets! Update*** I got a call from the owner of the law firm, he is willing to pay me double if I am willing to set the judgement aside. Waiting for the official offer to arrive. Any thoughts?
  20. 1 point
    Are there any FDCPA violations? You said there are some, but the JDB attorney is mostly to blame. Look at the arbitration agreement. In SOME agreements, you could file claims against their attorney in JAMS. In other agreements, you cannot. If you can, then file the claim against both respondents. I have done that in the past, and that has worked quite nicely for me. In one case, the attorney settled separately from the creditor, which means I made a profit from that deal. But check the arbitration agreement first.
  21. 1 point
    These guys and gals are going to need a lot more info to help you.....Were you sued? If there are docket numbers I assume yes. Did you answer? How? Is there an arb agreement? Check your local rules. You don't want to waive your right to arb, if it even exists, by going back and forth. Just my two cents on this one. More information is needed. I am NOOOOOOO expert, just going from my limited knowledge and the tremendous amount of help I have gotten here.
  22. 1 point
    You need to ask your clerk of court if you must schedule a hearing as each court has its own rules on that. You don't need to include all of that "verbiage" with your answer. A simple general denial is efficient. Some may disagree but I will always say to pay the $6 for a signed certified mail receipt from USPS for their copy of anything you file with the court. JDB attorneys are among the lowest of the low and will lie or be otherwise deceptive one way or another throughout the case. When you produce the green card showing a signature of someone in their office they will have a hell of a time convincing the court that they are entitled to a default judgment because they never received an email.
  23. 1 point
    I'm sorry you lost your mom earlier this year. Let me start by saying I understand your predicament at the time. Nearly ten years ago my dad went through a short battle with cancer and passed away. My husband and I became caregivers for my mom which caused a great financial and emotional burden. We went from being financially stable with savings stashed away to being broker than we'd been since we were teenagers. It's what you do for family, no matter the cost. How much is the alleged balance? I'd recommend reading the following thread on arbitration strategies.
  24. 1 point
    (IANAL.) I vote for email. It takes pressure off to think and speak in the moment and leaves a paper trail. If negotiating with lawyers is your strong suit, then call.
  25. 1 point
    Not only this but the FDCPA does not apply to business debts either. In business arbitration the entire costs can be awarded back to the winning side as well. Settlement is likely the best option if BK is not possible.
  26. 1 point
    Looks good. Their attorney can draw up a nicely legal agreement.
  27. 1 point
    Because this is a commercial loan, you won't have the luxury of being limited to paying a reasonable filing fee. If I remember correctly, I paid $600 to JAMS in my commercial case. I would have been expected to pay half the cost of everything moving forward (arbitrator, hearing, etc.) What does the arbitration clause of your agreement say with regard to payment for arbitration? My agreement said the other side would advance or reimburse all fees/costs related to arbitration. The JDB in my case refused to do either. Because they never submitted payment for the arbitrator's retainer fee, the case was administratively closed by JAMS. It took another year or so for the judge to dismiss the court case (it was stayed pending arbitration) for lack of prosecution. On a personal note, I've owned my own small business for nearly 20 years. One of the biggest mistakes I ever made was taking out a business loan, especially with a higher-interest, online-based lender. I found myself taking out a loan to pay the other loan, something the lender gladly did and even encouraged. It's something I will NEVER do again. It choked the cash flow for my business and became a huge financial and emotional burden.
  28. 1 point
    If this was a business loan, wouldn't arbitration be conducted using the business rules and fees rather than the consumer rules? @LaneBlane had a similar situation with a series of business loans with a personal guarantee.
  29. 1 point
    The general rule of thumb is to always file in JAMS if you have the chance. Include the court order with your filing. I would make the offer now, and not make filing a part of the offer. Here is the timeline: 1. You make the offer right away for a mutual walkaway of all court and arbitration cases, and don't mention filing. If they accept within the next week, you win. 2. If they don't accept within the next week, file in JAMS. Send a copy to their attorney. When you are sure they have the copy, repeat the offer, except this time emphasize that you have already filed in JAMS. If they accept the offer, you win. 3. If you never hear from them, the case will eventually be dropped in JAMS. Petition the court to change the dismissal to WITH prejudice. If you get the dismissal, you win. 4. If you don't get a dismissal with prejudice, and they have walked away from JAMS, you win anyway, since they almost certainly won't file again. 5. If they try to file again, file an MTD saying the previous judge ordered arbitration and they defaulted on arbitration. This is an extremely unlikely scenario, but you win again if you get the MTD. If the MTD is rejected, file an MTC, and continue the game of whack-a-mole until they give up and you win. 6. There is also the unlikely scenario that they pay the JAMS fees and reject or ignore your offer. In that case, continue with arbitration. When it gets close to hearing time, they will almost certainly balk at the bill, and will probably accept your offer. You win. 7. There is a scenario in which they fight to the bitter end in JAMS. I haven't heard of Calvary ever doing this, but it is remotely possible. If that happens, you lose. That is a remote possibility, but be aware if COULD happen if they decide to teach you a lesson. I have only been in JAMS with OCs, which are usually tougher. I won two accounts with #2, one with #4 and two with #6. I never lost.
  30. 1 point
    It is never too late to settle. The goal of a successful motion to compel arbitration is not to actually arbitrate but to get them to back down and drop the entire collection/lawsuit because arbitration is too expensive. The problem you have is $30k is a lot of money worth the expense of arbitration and a bad case in court is equally as bad in arbitration. Bankruptcy? Did the company simply close or can you file a corporate BK and wipe this out? Never negotiated with them but since the debt is so large and they have already sued your leverage is limited. Did you sign a personal guarantee for this loan?
  31. 1 point
    @fisthardcheese @BV80 @Brotherskeeper @BackFromTheDebt Defendants (My) Order to stay judgment GRANTED. I think this means I am headed to Arb??!!! Yes no maybe so!?
  32. 1 point
    Good news -- after I declined their settlement, JAMS sent the request for payment of the initial arbitration fees. I made Midland the settlement offer -- drop your lawsuit, I'll drop arbitration and set the expiration date of my offer the same day the fees made payable to JAMS are due -- and they accepted! We're going back and forth on the finalization of the settlement offer now, but they agreed to drop everything. I consider this a win!
  33. 1 point
    You put in the work on your MSJ opposition response and it paid off for you!
  34. 1 point
    @fisthardcheese @BV80 @Brotherskeeper @BackFromTheDebt Plaintiffs Motion for Summary Judgement DENIED. Now just need my MTC granted!! But its a step in the right direction. Cant thank you all enough for your help. Will update with anything else that comes through.
  35. 1 point
    MY plan / goal is to re-read that thread (I have it saved and open in a seperate tab too) to go thru and draw a "bullit time line' of sorts to *See* the steps clearly that i have to do. then post it here as a rough drawing... Think of the "IF--> Then" charts for troubleshooting "X". (deep breath - pause -exhales slowly) I am hoping to make a clean and clear picture diagram to be uploaded for future folks to see and use as we all know... not everyone is a text based only learner. some are visual - still others are auditory..... and still others are *hands on*....(shrugs)
  36. 1 point
    Yes. Keep your papers longer than you think you need to. I had situations years and years afterwards where I had to prove I didn’t owe money on the debts for which I had been sued. The paperwork was quite valuable. I had other cases where debts I thought had been forgotten about came back to haunt me just before the deadline. Having the paperwork saved me on two arbitrations.
  37. 1 point
    @aTex-vet-42 Good luck today!
  38. 1 point
    A court order in hand compelling them into arb, with a stay of the court case pending arbitration, puts you in a much stronger position than if you have to fight in court without knowing the outcome of your MTC, plus proceeding along in AAA with your arb claims.
  39. 1 point
    Yes--if your AAA demand claims are against PRA as assignee of Synchrony. If you have separate claims against the law firm, then you would list the firm on the Demand form. "6. Attach additional sheets or forms as needed." This AAA form asks for the Business name and address and the "Business’ Representative (if known):" and, 6". Please provide contact information for both the Consumer and the Business. Attach additional sheets or forms as needed." https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf (IANAL) If you are electing arbitration per the Synchrony card agreement, instead of court, to settle the disputes of this refiled lawsuit, then the Plaintiff PRA is represented by counsel Rausch Sturm. Check your Texas rules, but I believe you would send all correspondence to Plaintiff via its attorney. Unless I missed it, you haven't answered this question Why do you want to go ahead and formally file another demand with AAA while you have a MTC arb pending before the court? What is your strategy?
  40. 1 point
    @aTex-vet-42 You have been at this for quite a while. When PRA refiled the lawsuit after the first dismissal without prejudice, did your second general denial answer include arbitration as an affirmative defense? Did you file your MTC? Was it granted? If so, it would be a court order to compel PRA to arbitrate its claims in AAA. Here's the problem as I understand it: It's hard to tell from the redactions, but it looks like you listed Rausch Sturm as the Respondent in the AAA demand. Do you have a claim against the law firm rather than the plaintiff, PRA? Rausch Sturm wrote back that they do not have a copy of the agreement containing the arbitration clause. The exerpt of the agreement you included in your AAA demand is for "a third party" (PRA as assignee of Synchrony big box store), and not an agreement with the law firm. (IANAL) wouldn't any claim against the law firm be one that arose from representing PRA?
  41. 1 point
    Again, since this is their first request, 99.999% of the time, they will get it. Think of it as giving them enough rope to hang themselves. Under the business records exception, they should have already been able to get the records which means there is an issue with getting them. They might get them in another 45 days, they might not. Now, if they try for a 2nd continuance, then you start to argue against them stating that you have the right to a speedy trial and that they are delaying when they should have had the evidence needed for their case before filing.
  42. 1 point
    @BV80 This was filed yesterday in US District Southern District of California. https://files.consumerfinance.gov/f/documents/cfpb_encore-capital-group-et-al_complaint_2020-08.pdf Consumer Financial Protection Bureau Sues Debt Collectors and Debt Buyers Encore Capital Group, Midland Funding, Midland Credit Management, and Asset Acceptance Capital Corp. WASHINGTON, D.C. — Today the Consumer Financial Protection Bureau (Bureau) filed a lawsuit against Encore Capital Group, Inc. and its subsidiaries, Midland Funding, LLC; Midland Credit Management, Inc.; and Asset Acceptance Capital Corp. The companies, which are headquartered in San Diego, California, together comprise the largest debt collector and debt buyer in the United States, with annual revenue exceeding $1 billion and annual net income exceeding $75 million. Encore and its subsidiaries are currently subject to a 2015 consent order with the Bureau based on the Bureau’s previous findings that they violated the Consumer Financial Protection Act (CFPA), Fair Debt Collection Practices Act (FDCPA), and Fair Credit Reporting Act. The Bureau alleges that Encore and its subsidiaries have violated the terms of this consent order and again violated the FDCPA and CFPA. The Bureau’s complaint seeks injunctions against them, as well as damages, redress to consumers, disgorgement of ill-gotten gains, and civil money penalties. . . . . . . . The Bureau further alleges that the companies violated the CFPA by failing to disclose possible international-transaction fees to consumers, thereby effectively denying consumers an opportunity to make informed choices of their preferred payment methods. The Bureau also alleges that each violation of the consent order constitutes a violation of the CFPA."
  43. 1 point
    Hiii All! I got a letter from judge granting arbitration! @fisthardcheese What is the next step?
  44. 1 point
    It only helps other consumers by showing a blueprint of how to defeat an incorrect ruling that fees can be allocated to the consumer. While there are disagreements about the JAMS rules on the matter between myself and other long-time members here, the fact is, in this case the arbitrator ruled to reallocated incorrectly. Luckily for this case, the 3-arb panel reversed that. I believe MOST arbitrators would get this correct, so going to a 3-arb panel has good odds of reversing an incorrect fee reallocation.
  45. 1 point
    What state did you live in when this judgment was awarded? How much is it for? How did you stop it? Was this garnishment attempt in 2013 the first you learned Asset had gotten this judgment against you in 2012? In June 2013, Midland's parent company, Encore Capital Group, acquired Asset Acceptance Capital Corp., including all operating subsidiaries and their portfolios. Midland did not purchase your judgment debt in a portfolio sale from Asset. Midland's parent company bought Asset. I am not an attorney. Here is an article from a Florida attorney that explains the difference between a void vs voidable judgment. https://www.amcclurelaw.com/void-vs-voidable-final-judgments-in-florida You should consult with an attorney on this matter. Please read your current Florida statutes Chapter 55 on judgments: CHAPTER 55 JUDGMENTS 55.081 Statute of limitations, lien of judgment.—Subject to the provisions of s. 55.10, no judgment, order, or decree of any court shall be a lien upon real or personal property within the state after the expiration of 20 years from the date of the entry of such judgment, order, or decree. History.—s. 1, ch. 29954, 1955; s. 9, ch. 67-254; s. 1, ch. 87-67. 55.10 Judgments, orders, and decrees; lien of all, generally; extension of liens; transfer of liens to other security.— (1) A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order, or decree or an affidavit with such address is simultaneously recorded with the judgment, order, or decree. If the certified copy was first recorded in a county in accordance with this subsection between July 1, 1987, and June 30, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 7 years from the date of the recording. If the certified copy is first recorded in accordance with this subsection on or after July 1, 1994, then the judgment, order, or decree shall be a lien in that county for an initial period of 10 years from the date of the recording. (2) The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be extended for an additional period of 10 years, subject to the limitation in subsection (3), by rerecording a certified copy of the judgment, order, or decree prior to the expiration of the lien or the expiration of the extended lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment, order, or decree. The extension shall be effective from the date the certified copy of the judgment, order, or decree is rerecorded. The lien or extended lien will not be extended unless the affidavit with the current address is simultaneously recorded. (3) In no event shall the lien upon real property created by this section be extended beyond the period provided for in s. 55.081 or beyond the point at which the lien is satisfied, whichever occurs first. (4) This act shall apply to all judgments, orders, and decrees of record which constitute a lien on real property; except that any judgment, order, or decree recorded prior to July 1, 1987, shall remain a lien on real property until the period provided for in s. 55.081 expires or until the lien is satisfied, whichever occurs first. (5) Any lien claimed under this section may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either depositing in the clerk’s office a sum of money or filing in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state. Such deposit or bond shall be in an amount equal to the amount demanded in such claim of lien plus interest thereon at the legal rate for 3 years plus $500 to apply on any court costs which may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment, order, or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded and costs plus $500 for court costs. Upon such deposit being made or such bond being filed, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon the filing of the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security. The clerk shall be entitled to a service charge of up to $15 for making and serving the certificate. If the transaction involves the transfer of multiple liens, an additional service charge of up to $7.50 for each additional lien shall be charged. Any number of liens may be transferred to one such security. (6) Any excess of the security over the aggregate amount of any judgments, orders, or decrees rendered, plus costs actually taxed, shall be repaid to the party filing the security or his or her successor in interest. Any deposit of money shall be considered as paid into court and shall be subject to the provisions of law relative to payments of money into court and the disposition of these payments. (7) Any party having an interest in such security or the property from which the lien was transferred may at any time, and any number of times, file a complaint in chancery in the circuit court of the county where such security is deposited for an order: (a) To require additional security; (b) To require reduction of security; (c) To require change or substitution of sureties; (d) To require payment or discharge thereof; or (e) Relating to any other matter affecting said security. History.—s. 1, ch. 10166, 1925; s. 1, ch. 14749, 1931; ss. 1-3, ch. 17998, 1937; s. 2, ch. 19270, 1939; CGL 1940 Supp. 4865(3); s. 9, ch. 67-254; s. 1, ch. 71-56; s. 1, ch. 77-462; s. 2, ch. 87-67; s. 7, ch. 87-145; s. 12, ch. 91-45; s. 10, ch. 93-250; s. 15, ch. 94-348; s. 1357, ch. 95-147; s. 7, ch. 2000-258; s. 1, ch. 2001-130; s. 68, ch. 2003-402; s. 47, ch. 2004-265.
  46. 1 point
    I would never send a letter like that. Any dispute to a CRA that I send would look like this: "I am disputing Idiot Collectors account #1234 on my credit report. This is not my account, please remove." I would include the certified number in the letter and send your ID verifications too, but this list of demands and personal problems are irrelevant and unnessecary.
  47. 1 point
    Legaleagle, you and coltfan are the only reasons I have made it as far in my case as I have......I lurked for months just reading reading and more reading.....it was Coltfan who inspired me to use the lack of standing for my defense, and I do believe I am going to win!!! I am dealing with Javitch Block and Rathbone, and yes this attorney is a spoiled little rich girl just out of law school.....I filed for summary judgment before she got to it and used lack of standing due to the bill of sale did not have my account or name on it....she opposed it (of course) and said that because Midland buys in bulk, listing separate accounts on the bill of sale is "infeasible" funny huh? Coltfan kindly shared with my last night on how to rip her a new one with this information......Monday I send out my opposition to their opposition......will let everyone know how this turns out, but I feel good that it will work out in my favor.....fingers crossed
  48. 0 points
    This is for my ex-wife, she's being sued by an assignee of Comeninty Bank, which issues credit cards for many stores, so she does not know which store this credit card is for. Since there's nothing in a lawsuit stating what card this is for, can see no way to elect arbitration. So, I think her best bet would be to answer the questions and to deny any knowledge. Do you agree?