Leaderboard

Popular Content

Showing content with the highest reputation since 03/21/2021 in all areas

  1. I followed advice in the forum and got my case dismissed 1 day before trial- Thank you to everyone who contributes and shares how they won, I followed the advice and the JDB dismissed the day before the trial, after recieving my trial brief, proof of non service and my objection to the Plaintiffs declaration - Thank you all @ASTMedic, @RyanEX
    4 points
  2. Not only have my thoughts not changed they are reinforced. I would file a response to their opposition based on @wernda1234post and vehemently opposed to their getting a trial date at this point. I would also look in to laches in that they waited far too long to pursue this. Specifically in response to #6 I would state that while the circumstances are sad they have no bearing on the case or counsel's failure to adhere to court procedure in requesting a continuance for the first delay or for neglecting the case for an entire year after returning from medical leave. As to #8: irreleva
    3 points
  3. 1) Going to an internet board for legal advice is akin to going to some random person on the street corner for legal advice. You don't know what you are getting is correct and you have no assurance that it is correct. You also have no legal recourse if the advice is not correct. 2) In French-Canadian society, the saying was "If you want it legal, go to a notary." The same advice applies here. If you want competent legal advice, go to an attorney. 3) Although we can figure out who the OC is that you are talking about (you are not being that cagey), it is a little difficult to figure o
    3 points
  4. Good morning, AR Rule of Civil Procedure 41 is pretty clear on this and @Clydesmommakes a great point. They failed to prosecute and the case should be dismissed. Normally, the court will start this process; they did in my case. The plaintiff failed to respond to the court notice, and the court dismissed my case. I would reply back restating the main points of your motion to dismiss. The plaintiff could have filed a motion with the court asking them to extend time due to the reasons (i.e. excuses) they state in the response, but did not do so. (b)Involuntary Dismissal. I
    2 points
  5. What just happened?!? I went into court and of course the lawyer pulled me aside and tried to set me up on a payment plan. I declined. He explained how expensive arbitration was and I told him that I understood. We went before the judge and he stood up and told the judge that I demanded arbitration, that there was a valid clause, and thats what we would do if I agreed! He asked for the case to be dismissed! I literally only said one word to the judge! I am in awe right now. I was not expecting it to be so easy! What do I do now? File with jams or aaa? Wait for the court to send me so
    2 points
  6. I just want to say thank you to everyone who contributes to these boards but especially to fisthardcheese for his amazing post Arbitration Overview and Strategy (2018 - Most Up To Date Info) and all the advice that he provides on these boards. Thanks to him I was able to win my first case and obtain a dismissal with prejudice, I would not have been able to do that without all the priceless advice that he has provided. I'm on to the 2nd case one now, hoping for the same results.
    2 points
  7. I received a notice from our local magistrate stating that I was being sued by Velocity for a lending club loan that I had gotten in 2015. I started researching across the web on how to handle this and what the statue of limitations was on this loan. I answered the summons and today I had the hearing. I found this forum and would love to say thank you. With information here as a starting point, I began to read the documents that I was served. I read them a few times before but nothing stood out to me. So put them down to clear my head. Last night I picked them up to read again and i
    2 points
  8. @Katgotsteve Very good advice: read and re-read all your documents. As you do your research and gain knowledge, you see them in a different light. The attorney and his firm did not read their own documents. Perhaps he thought his sloppiness wouldn't matter. Perhaps it usually doesn't matter for him or other judges he draws. He underestimated you. Your judge was not persuaded by his last minute efforts. Your judge did find your arguments persuasive. Well done and congratulations! And thank you very much for posting your experience and advice here.
    2 points
  9. @Katgotsteve Congratulations! Thank you so much for sharing your experience with us. It not only lifts our spirits but also provides hope, inspiration, and guidance to other readers. 👍👍👍
    2 points
  10. Yes, arbitration is the best way to beat this. You need to file a Motion to Compel Arbitration ASAP, as soon as you find the card agreement with the arb clause. Note, if you do choose arb, you don't want to engage in discovery. So don't send discovery to the plaintiff, and if they send discovery to you, you need to OBJECT to all of them, on the basis that arbitration has been elected, there is a jurisdictional motion before the court, and the scope of discovery is to be determined by the arbitration forum. The reason for objecting is participating too far in litigation can waive your
    2 points
  11. Thank You, Thank You, Thank You!😀 This strategy completed worked for me. You saved me $3000! I appreciate all your work.
    2 points
  12. The laws of Louisiana are unique. There are 49 states based on English Common Law, then there is Louisiana. Also, not all community property states are the same. The laws in Wisconsin are different. In Wisconsin, you would be stuck. In Louisiana, maybe not. I think my advice of talking to your divorce attorney is what you should follow. You are so far beyond what anyone here could help you with. He may be able to help you sort this out in conjunction with other unresolved issues. Best of luck to you!
    2 points
  13. One problem is you live in a community property state. The implications are rather serious. For example, a friend of mine in a different community property state wound up having his wages garnished because his ex-wife defaulted on a credit card only she used. So if she opened the account and defaulted before the divorce was final, you are probably liable. I say probably, because Louisiana has some weird laws, and I am just saying what is common in other community property states. If she opened the account while married but defaulted after the divorce, that may or may not be a differ
    2 points
  14. One problem is it is very difficult to figure out what the OP is trying to convey. The OP keeps saying he's given all the information we need to help him, but we really don't have the information. Everyone seems to be rather confused. From what I can tell, the OP's attorney did well in a case doing something or other. I think it had something to do with claims against the lawyer or FTC or the FDCPA. Supposedly there is some law in this state about 5 days, except we don't know the state or the law. The only law quoted appears to be completely different from what the OP says. An
    2 points
  15. So...After @Jimmy E replay about all the cases i started looking. Check out this new case list. 1100 new cases since the end of January 2020 This is all during the time she was having surgery?!? Impressive!!
    1 point
  16. Just because the laws of VA apply does not mean that statement is a forum selection clause requiring a lawsuit to be brought in that state. A “forum selection” clause would specifically require that lawsuits or actions to resolve disputes must be brought in a particular state. Here is an explanation from a TX attorney. https://www.law.com/texaslawyer/2018/04/05/forum-and-venue-a-distinction-with-a-difference-in-texas/?slreturn=20210319135018
    1 point
  17. My mind literally won't rest until I understand all the issues and have a detailed plan. It gives me the illusion of control, even if I know there's no such thing in life. Both the technical details and the pep talks were welcomed. I will be sure to update everyone as soon as I come back from court. There's no telling what will happen, but at least I feel very well prepared now.
    1 point
  18. That is why I still hang out on this forum almost a decade since my last case. The stuff I learned here, and on the now-defunct Debtor Boards, saved me over $100,000. There is no way in HECK I could ever pay the $100,000+ I saved from the methods I learned here. I think that by this time the advice I have given here and on DB, mostly along with other people, has saved other debtors well over $100k. So I paid it forward, and will continue to pay it forward. Others, such as the wonderful @Brotherskeeper, have given you some more concrete technical advice, inclu
    1 point
  19. It depends. There was a time when I was negotiating with banks in foreclosure cases while also fighting their attorneys. In that situation, the attorneys had no power to negotiate. With credit card debt, the attorneys usually have the power to negotiate. And they are the ones who will do all the filing, etc. Your best bet is to reach out to the opposing attorney. If they want you to negotiate directly with the creditor, they will tell you. But most of the time the creditor will ignore you or tell you to negotiate with the attorney. So start with the attorney.
    1 point
  20. This is what was changed in 2019. TFC 392.007(2)(d) (d) If an action to collect a consumer debt is barred under Subsection (c), the cause of action is not revived by a payment of the consumer debt, an oral or written reaffirmation of the consumer debt, or any other activity on the consumer debt. Here is subsection (c). (c) A debt buyer may not, directly or indirectly, commence an action against or initiate arbitration with a consumer to collect a consumer debt after the expiration of the applicable limitations period provided by Section 16.004, Civil Practice and Remedies C
    1 point
  21. I agree with @Clydesmom. In addition, counsel’s medical leave ended a year ago. No excuse. Also, limitations on travel had no effect on filings by mail with the court. A motion to extend could have been filed by mail or electronically, if allowed.
    1 point
  22. Yes, it does, Thank you! I just added the Meza v. Portfolio Recovery (as per CCp 98 thread ) case as first cited law then target and Rocha as second.
    1 point
  23. 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
    1 point
  24. @StartingOver123 https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=sup&set=CR CR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (2) Service by Mail. (A) How made. If service is made by mail, the papers shall be deposited in the post office addressed to the person on whom they are being served, with the postage prepaid. The service shall be deemed complete upon the third day following the day upon which they are placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be de
    1 point
  25. same here! I wish I can find a more recent Journey out there.🙂
    1 point
  26. The interlocurary appeal is standard in MOST situations. My state is a bit different. For example, in my state, Wisconsin, a small claims case can be automatically appealed to the higher circuit court and the case is heard de novo. The circuit court in my county is probably the most consumer friendly court in the state. The state's best consumer attorney is also in my county. He doesn't have much faith in the small claims courts. What he normally advises his clients is they will often have a bad magistrate in small claims, but to appeal whatever verdict they get in smal
    1 point
  27. And as for settlement, the advice of get everything agreed to in writing is good advice, regardless of who you deal with.
    1 point
  28. Thank you for posting this info! I used your documents in CA, and was able to get my case dismissed. If you are reading this, you can use Adobe Acrobat Pro to edit pdfs, please make sure you take out the info that doesn't apply to you. Thank you for your work and assistance! I appreciate.
    1 point
  29. Here is an article from the Anti-Defamation League about sovereign citizen “funny money” and fictitious financial instruments schemes. One the names mentioned is curiously similar to one of the poster’s names in this thread. https://www.adl.org/blog/sovereign-citizen-funny-money-not-so-humorous-for-victims Below is an article from the Justice Department about a “sovereign citizen” who was sentenced to federal prison for 10 years for tax fraud and conspiracy to commit wire fraud. Here is an excerpt: ”Between 2013 and 2015, Wright targeted multiple individuals, some elderly, who
    1 point
  30. @Clydesmom thanks. I sent over my response to the summons. Just going to do that I can and try to settle
    1 point
  31. I would argue that the check is not evidence that you opened the account. It’s evidence that she made a payment. Do you use that checking account? Has the attorney presented credit card billing statements? If so, where were they sent? Whose address is listed on the statements?
    1 point
  32. I'm a let sleeping dogs lie sort of guy for these situations. Yes, I know you would like this resolved once and for all, but at least as long as the case is on hold you can't lose.
    1 point
  33. Just a note to clarify: Dismissal with prejudice by the court is normally considered a sanction for disobeying a court order. Requesting a refund of the fee would be an additional sanction. The OP needs to include the specific court rule for involuntary dismissal.
    1 point
  34. Yes. After the case is closed. Others may have a better idea as to the wording. You want to file a motion to dismiss with prejudice. You may also move that the judge sanction the plaintiff by ordering them to reimburse your $250 payment. The latter may not work, but is worth a try. Point out in the motion that the judge ordered arbitration. The plaintiff disobeyed the judge’s order by refusing to pay the filing fees. You paid your filing fees. JAMS set a deadline. The plaintiff missed the deadline by 6 months. JAMS closed the case for nonpayment.
    1 point
  35. JAMS will eventually dismiss the case. You could ask the case manager to dismiss the case since they are almost 6 months past the deadline. I am more of the type to wait until the case is dismissed in JAMS before moving the court for a dismissal with prejudice.
    1 point
  36. Thanks @Clydesmom. I'm revising my Answer. I'm going to private message you as soon as I finish up that part. I really appreciate you taking the time to read, respond, and assist!
    1 point
  37. The grammar is a little better but still horrible. This email obviously has issues that show that it is a scam: 1) US District courts do not deal with debt collection cases. That is done at the state level. 2) Even if a case is being started in US District Court, the court that would have jurisdiction would be the district court in your state 3) How do you file a case against a SSN? 4) Why would the SSA care if you owe a debt? 5) Case files are not downloaded, they are filed. Basically, this is a scam and I would toss the email in the circular file. If you want to mess with t
    1 point
  38. In the other case I helped on the I gave the poster here the discover to demand (we will get to that if it goes that far) and the provider never answered. When they went to court the poster was ready to defend it based on our discussions here. The provider's lawyer actually showed and the Judge shredded him for not answering the discovery and filing a frivolous case. These cases do not come up often where a provider screws up this bad but when they do they can be won.
    1 point
  39. Definitely not an email, you want to send them a written settlement offer. One that you send CMRR.
    1 point
  40. A quick update: Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my credit report ! I checked the court website and saw their dismissal was filed on Feb 27th. I agreed to dismiss my arbitration (which I advised AAA to do). So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy o
    1 point
  41. A Quick update: I finally got a response from the Arbitration folks. They sent a letter (and CC'd me) to the law firm representing the junk debt buyer informing them that a consumer arbitration has been filed and the consumer fees of $200 were paid. They are asking the JDB to pay $2,800 for the case to move forward ! They only have a couple of weeks to do this. I'll post an update when I know more.
    1 point
  42. @DebtSettlementJourney Thank you for these updates. It's really helpful for others to know how you're doing this and what amounts various creditors are willing to accept in settlement. Congratulations on working your way out, step by step, of a $275K debt!
    1 point
  43. My Velocity/CKS plan is probably wait until the end of the month, give them a ring and reoffer the 32.5%. Since this is a Upgrade/Webbank loan I think there is an arbitration clause (I'm an idiot and do not have my original docs...once it got sold I lost access to my Upgrade account)... So as a last ditch effort I may 'threaten' arbitration and bump my offer up to 35%. And if they do not accept that then I'll see what their next move is and see if they are bluffing. If they aren't then that is why I have the legal protection (and potentially arbitration) in place. This is a larger b
    1 point
  44. Reposting due to error with board: Patz said: For anyone being sued by Portfolio, be aware that in 2015 the CFPB settled with Portfolio for over $25 million for abusive collection practices. Read about it here: http://www.consumerfinance.gov/about-us/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ You should find something in the settlement that can help you in your case. For example, the settlement says Portfolio tries to collect on debts when the sales agreement
    1 point
  45. Here is the Word File as shown in image above. Example DemandBillParticulars for California Mod.doc
    1 point
  46. Hey, heres another Estoppel letter: [DATE] via facsimile (optional) [CREDITOR NAME AND ADDRESS] Re: [YOUR NAME], [ACCT NUMBER] To whom it may concern: The account listed above was settled in full directly with [CREDITOR'S NAME] on [sETTLEMENT DATE]. The agreement between me and your authorized staff member was as follows: Full payment in exchange for complete and permanent removal of all negative information added to my credit history in connection with this matter. Although more than thirty days have passed since settlement, the negative information added to my credit history has still
    1 point