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  1. It most certainly is relevant when you are giving incorrect information for courts about which you know nothing. I suggest you allow the seasoned member who does understand TX rules and law regarding debt cases to advise TX consumers. Please refrain from continuing to post in this thread. I will not warn you again.
    5 points
  2. I have been on this and other forums for over a decade. By this time I have seen what works and what doesn’t work. The single biggest asset is having someone who knows the situation in a particular state. I was fortunate when I first posted in CIC that there was someone from Wisconsin who had wiped out hundreds of thousands of dollars in debt. I followed his lead and wiped out over $100k in debt. Another fellow wiped out six figures as well. In the aggregate, special advice given to folks in states like Wisconsin, Texas, California and Florida has wiped out probably millions of dollars in debt. What doesn’t work: Random stuff seen on the internet. For example, over a decade ago we used to load our answers with all sorts of random affirmative defenses we found on the internet. They rarely worked. A certain poster on this thread has given seriously terrible advice on several threads. He claims those of us who have helped wipe out millions in debt are wrong, and he is right because he says so. A rational approach is to listen to those who have been there before and helped others wipe out millions. When in Texas, listen to @texasrocker
    4 points
  3. Depending on the particular court, mediation appears to be required. It used to irritate my lawyer that my particular court insisted on it, while others would let it slide. If mediation happens before your MTC is ruled on, just attend and explain the situation, and suggest to the opposing lawyer that he dismiss the case in order save everyone time. The mediators are typically third year law students who probably will know less about this than you. It may be a nice opportunity to educate the meditator about this aspect of law. Anyway, AZ law, regarding arbitration is quite clear and I don't believe anyone has failed, even in the rare case where a bad ruling has to be appealed.
    3 points
  4. In a nutshell, you won. This is you with a 14 point lead with under two minutes in the 4 th quarter, first down and possession of the ball and the other team has no time outs, and they put in their bench warmers who are essentially just standing around. You haven’t officially won yet but you can’t lose unless you do something really stupid They won’t arbitrate and they can’t proceed in court without arbitration So they can’t win Save all of your correspondence just in case. I had a similar case where the other side ignored arbitration. Finally the judge dismissed the case without prejudice before JAMS closed the case and the law firm did not object. When JAMS later closed the case they were boxed in and couldn’t sue again, so I won. Otherwise, when AAA formally closes the case, you act. At that point file a motion to dismiss the case with prejudice as a sanction for the plaintiff refusing to obey a court order. Send in a printout of their refusal to participate in arbitration along with a letter from AAA saying the case is closed. Either way you win.
    3 points
  5. Yes simply put, Small claims courts were abolished in Texas in 2013 so it is therefore impossible for any case to be filed in a small claims court in Texas since they no longer exist. You can find where I explained how to defend it last month here- https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/page/10/#comments (scroll way down; my comments are closer to the bottom of the page)
    2 points
  6. It does. Magistrate Court in GA is small claims and CITI I believe has a carve out for debt cases filed in small claims court prohibiting arbitration of the cases. You need to read the entire clause on arbitration in the card agreement they provided to be certain. Now for the good news: Gwinnett County is one of the largest in GA and the Magistrates that serve there are actual lawyers and judges experienced in the law. They typically are not part of the GA good ole boys network and will require evidence to rule in their favor. They also use GA pre-printed answer forms. You do not need to file a formal answer. You can go to the clerk's office and pull one off the wall. Hand fill out the details and hand it to the clerk. They will stamp it and give you a copy back. Do this about 4 days prior to the expiration of the date to answer. The reason is Magistrate Court is VERY efficient in Gwinnett and within a couple of weeks you will have a trial date within 30-60 days. Now the bad news: Magistrate Court does not allow discovery so do not stress yourself trying to come up with it. They cannot send it to you and you cannot send it to them. Due to the relaxed GA business records laws you need to watch for a letter from them giving you the opportunity to come to their offices to review the evidence they intend to use. If you fail to do this you cannot object to it. It is also trial by ambush. Meaning the date they give you that is IT. The first thing that will happen is the attorney will approach you and try to get you to settle. IF that doesn't happen the Magistrate usually gives a speech about how clear the law is and that job loss, divorce, health etc. are not legal defenses to default. If you do not have a legal defense the law is clear and he must rule for the party suing you. Then you are given time to discuss settlement options. The law firm suing you is a major debt suit factory. The good news on that is they likely will hire a local yokel who doesn't know what they are doing and is banking on you not showing and a default judgment. If you lose you can appeal which is a trial de novo meaning it starts all over. The bad news is GA often requires an appeal bond in the amount of the verdict to do that and it must be filed within 30 days of losing. Settlement discussions are inadmissible in court. You can settle any time prior to the verdict. Here is my thoughts. Read the arbitration agreement. Even if the carve out is there you can type up 3 copies of a MTC with your specific facts. To do this even with the clause present you need to be confident in your ability to argue your right to it. The argument I would take is ignorance is bliss. I don't agree with it but you have nothing to lose but them denying the motion and going to trial anyway. That is Magistrate Court is not small claims. Again, you have to be confident to argue this. My guess and it is a guess, is that lokel yokel attorney won't know what to do with that motion and could actually agree. Odds are good they ask for a continuance to talk to their client. Then they may dismiss. They might just dismiss right then seeing you showed up and you refuse to settle. If you can study up on good solid arguments on why they don't have enough evidence you could actually win in Gwinnett because the Magistrates are smart and do require evidence. If you do not feel you have the confidence or the time to put the work in to have a solid plan then keep working on settlement options. You can send a certified letter offering settlement to the attorney listed and then they will likely call you. One more thing to do: Call the law firm Skaar and Feagle. CALL do not email. They will do a first consult for free. They may take your case on a flat fee that is way cheaper than $7k and better than settlement. Often in GA JDBs fold when the defendant hires counsel. Skaar and Feagle also know who most of these lokel yokels are and how to make them go away.
    2 points
  7. Just an FYI, the mediator is going to hear the plaintiff's story and ask you how much you can pay today. They are not there to settle the case on the merits, or figure out all of the little nuances of debt collection violations. Plaintiff's lawyer, and quite possibly the mediator, will also tell you how expensive and time consuming arbitration is going to be for you. They will probably tell you mediation is the same as arbitration. While in theory, it may be, in practice it's anything but. They will try to scare you into settling, which is exactly what they get paid to do. Politely decline and insist on the arbitration "from your card agreement". I haven't really followed any court cases for a long time, but there was a spell where some courts were denying our MTCs. It was successfully appealed at least once(<----- click that link to read the appeal ruling), so worst case, as Goody said, you may have to appeal to get your MTC granted. It's better to have a court order (i.e. granted MTC) when you start arbitration. AAA/JAMS have been known to refuse to take debt collection cases with certain JDBs without a court order.
    2 points
  8. Where to begin? There is a case to be made for trying to trap another party into FDCPA violations. This rarely works, and is very dangerous. This is a double edged sword and can come back to bite you. What the heck is the point of offering to pay $1 for a dismissal without prejudice? Sorry, but that makes absolutely no sense whatsoever. If they accept the offer, they can turn around and file suit again. Usually they don’t, but they could. I have had several law firms run away before suit is filed when I mentioned arbitration. The case just went to another law firm. One case wound up with the second lawyer at the fourth law firm before getting a lawyer who would actually push the case. So I took the case deep into arbitration and they accepted my settlement offer — $0 and dismissal with prejudice — just before the hearing. The suggestion of @Goody_Ouchless to offer $0 for a dismissal WITH prejudice actually makes sense. If they accept, case closed. If not, take them to arbitration and they will probably run away. Case closed. As I have pointed out before in answer to a certain poster, it is almost always better to see what someone else has done to win and follow their lead. Arizona debtors have been winning with the strategy of sticking to one’s guns in mediation and going to arbitration. Why abandon a winning strategy?
    2 points
  9. For the third time now you are referring to California procedure and your own conjecture and assumptions. There is no need to file an amended answer to add affirmative defenses in Texas or any fee to file an amended answer for any reason.
    2 points
  10. For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. You don't need to concern yourself with with any defenses at this time unless it is out of SOL. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that <he or she> is justly entitled to. <Your name, address and phone number> File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.
    2 points
  11. Ignore this troll. He is blatantly misleading any poor unknowing soul who is searching for information and happens across this malarkey. He doesn't even know how to properly word the adage that he used for the title. It is, "Have you stopped beating your wife?" not, "When did you stop beating your wife?" If someone used any of this ideology as a defense they would promptly lose their case and be laughing stock of the court.
    2 points
  12. Heck yeah its worth filing an answer. You DO have affirmative defenses! By not answering and letting them win by default, you are basically folding. Yeah it will sting to pay that first paper fee (or file as a pauper). But that will by you time and get you an education. At least the money goes to securing your place on the table to assert your rights and demolish their attempts Its like a game of poker. Your debt/amount owed is in the pot. If you just fold your cards , they win the pot. And you didnt even call them to see if they had any winning hands. . Remember its up to THEM to prove the case. You know the expression 'burden of proof'. Well thats on them to prove their case. And you can make it more of a burden by filing a general denial (which essentially means, prove it buddy), and using discovery strategies to force them to show their cards (proof they have on you). If you take them on, you will be buying MONTHS of time, which will give you time to learn the ropes. I had the same attitude. Well im still in the case several months, an its slowly moving along and ive learnt so much representing myself. You are dealing with a JDB so its even easier to call their bluffs than me with an original creditor. So. fight on brother! Deny everything. Conceed nothing. You loose if you default. You may win if you fight back. If you do you will gain an immense education in this bizarre world of debt, civil litigation, etc.
    2 points
  13. It appears you are using one of those cut and paste DVs from the internet. We realized about a decade or so those really aren't any good. Don't feel bad, I used to use them over a decade ago. These days the proper form for a DV letter is: Dear Debt Collector, I dispute this debt and demand validation. Yours, Consumer
    2 points
  14. If you go back to the original post, you will see that this was a 10 year old judgement that has since been vacated due to improper service and the JDB elected to go to trial. The OP demanded arbitration, got a MTC, and now the JDB is refusing to follow the court order. If this were dismissed without prejudice, the SOL has long expired and the JDB does not get a 2nd bite at the apple. If this were dismissed with prejudice (and the judge may go for that considering the age), then that is it. The original trade line will have already come off the report due to the 7 year rule and the judgement would have to be removed because the original judgement was vacated and the JDB did not get another one because the case was dismissed. This is not a case of a trade line that is within the 7 year reporting period.
    2 points
  15. Yes. The suit should be filed in the county you live in NOW not when you opened the account. They didn't have to respond to this at all. Once they sue you sending a DV letter is absolutely pointless. They are free to ignore it so what they did or didn't send is irrelevant. No. You are being sued by an original creditor and a top 3 aggressive one in suing at that. Original creditors rarely settle for one third the amount owed when the SOL for suit is very much alive and they can collect the balance, attorney fees, court costs and post judgment interest. The defenses you read about on sites like this are based on being sued by a junk debt buyer not an original creditor. Research the California threads. There is a lot of information there you can use to defend this.
    2 points
  16. You need to talk to a divorce attorney before doing anything. This situation is too complex for consumer attorney. Make sure that you have your husband's SSN as you will need that to track that SOB down. What I think will happen is that sooner or later, Wells Fargo is going to send a repo company looking for your car. If they visit before you are able to get an attorney, let them have the car. You can deal with the aftermath of that issue later then (especially if all you get is SSDI and government benefits). If your SSDI is deposited at Wells Fargo Bank, change that immediately so that there is no offset. As for your son, unless that can be wrapped up with the divorce proceedings, he will probably have to get his own attorney and force the judge to put the car title in his name. He may be able to get current insurance and car registration on his car without the title. Again, we will need to talk to an attorney too. In the mean time, DO NOT DRIVE THE CARS without valid insurance and registration. Those are actual crimes that can include jail time it you are caught.
    1 point
  17. You REALLY need a lawyer. This is very complicated. Use the link I provided to find one or more to consult and get opinions. A divorce attorney has likely seen this before and knows what to do. The son's car is complicated. Your car less so. My guess is you would start with Well's Fargo.
    1 point
  18. Arbitration is the best way to beat a JDB, especially when the OC is Synchrony (free JAMS, unless they changed their terms). Best info on arb is here: @Clydesmom and @fisthardcheese know about Georgia.
    1 point
  19. That is not true. Settlement negotiations are not admissible in court. The mediator simply informs the court if a settlement is reached, not reached, or that a party acted in bad faith. A $1 offer may just fit the bill as bad faith. Stop offering your opinions. Either read the applicable rules for a particular state or stay out of it.
    1 point
  20. Both suits settled. Although this was very stressful, it was a great learning experience. I have one more collection remaining and it is Midland. They haven't filed suit yet, but I am fully expecting it. Thanks!
    1 point
  21. Do NOT send a cease and desist letter. That stops all possible settlement negotiations. Don't do that unless you have an extremely good reason to do so. I have sent some, but when I had an extremely good reason to do so. I gave an example of a DV letter earlier in this thread. That is the only good example I can think of.
    1 point
  22. No I did not read the book. There was no need to after reading the summary page that you posted because I could tell that I already know everything that is covered in the book. It sure is peculiar that the only mention of affirmative defenses was SOL which I did bring up in my reply to the OP. The pdf file lists defenses which are irrelevant to modern-day JDB collection cases and the blog link you posted even more so. Using these will only show the plaintiff and the court that you copied and pasted them off of the internet and you are an easy target. There are too many to list here. Research my posts on this forum from the past nine years. Thanks for showing us that you also have no clue as to how to conduct discovery! If you don't initially claim any defenses it will be EASY to spring everything on them throughout the discovery process.
    1 point
  23. If you were able to comprehend the OP's post you would have noticed they said, "I need to know how to answer a general denial for a Discover credit card case in Texas." Your trolling lunacy is seriously getting out of control. You obviously have no clue regarding Texas procedure so stop leading people astray with conjecture and assumptions.
    1 point
  24. I have followed and posted on this and other similar forums for over a decade. Every once in a while someone comes into this forum with some crazy idea that will supposedly be an automatic winner. Some of the strategies worked, and even those were limited. Most did not. Also, the strategies proposed by people who were new posters were pretty much universally a dud Sometimes these new strategies get a bit close to a yellow fringe level of lunacy The proof of the validity of any strategy is its effectiveness. I wiped out over $100k in debts using strategies that were sometimes a bit on the leading edge. Sadly, the enemy learned from their mistakes and many of these strategies are less effective now. What I do know — the folks in California have had great success using unique California laws. They have won, time and time again. The OP is highly offended that people are calling his strategy nuts. It isn’t as nuts as yellow fringe, but seems nutty enough that it could completely piss off a judge and spectacularly backfire. Nobody is arguing with the OP anymore. The OP is whining that others are warning that his strategy is at best extremely risky. I wiped out over $100k using strategies that ranged from conventional to a bit nutty. Most of the strategies worked. I also learned the hard way which strategies don’t work. If you are considering a strategy, first check to see if anyone got it to work. Some of the nutty strategies that did work originated in Wisconsin where court records are open and on line, so I could see proof that they worked. Some of the strategies that failed were also in Wisconsin, so I could check the court cases as well.
    1 point
  25. Along with the suggestion from @Clydesmom, I would look into a counterclaim for a violation of the FDCPA for filing a lawsuit on a time-barred debt. The cardmember agreement would be a written contract that is not signed by you. § 8.01-246(4) 4. In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years. The applicable section of the FDCPA is 15 U.S. Code § 1692e(2)(A). (2)The false representation of— (A) the character, amount, or legal status of any debt; In fact, I might contact a consumer attorney in order to determine if any VA state laws have been violated.
    1 point
  26. Unfortunately while Credit1 does have an arbitration clause they also have a carve out for debt cases in small claims court. Please re-read your arbitration clause in full. If that clause is there you cannot use arbitration as an option.
    1 point
  27. First off, your not in small claims court. Virginia restricts attorneys from small claims court so if your up against and attorney which it appears you are , your in district court so the small claims exclusion does not apply. So arbitration is on the table if you want to go that route. SOL For credit cards is 5 years if plaintiff files a signed agreement by you, otherwise it's 3 years. Virginia tolled SOL due to Covid-19 from March 16-July 20 so add 126 days.
    1 point
  28. Update: got a letter from JDB requesting the court to non suit the case. Is is a dismissal?
    1 point
  29. It isn't "maybe" they are very different in Virginia. WI is debtor friendly and VA is the polar opposite. The OP can request a full accounting but the chances the court orders it are slim to none. The problem is you did this back during the post recession/depression era when bank records were still all hard copy and most suits didn't want to spend the money on the evidence. Times have changed dramatically since all records are transferred digitally now. Things are very different a decade later. It always amazes me that people refer to them as "crap" when they had no problem applying for the card(s) or using them but then take offense when they default on their contractual obligation and then are even more shocked when the creditor asserts their rights under the card agreement. SMH The worst that is going to happen is the court rules against you. You either mount a defense, settle, or file BK. You were fortunate the first time that the court worked with you and forced them to actually prove their case. Sometimes they just go away. Sadly they didn't. Fight back. They might just drop it but have a plan if they don't and you lose.
    1 point
  30. As I stated in another response to your inquiry, if this is a consumer debt, the arb forum consumer rules will limit your fees to either $200 (AAA) or $250 (JAMS).
    1 point
  31. You say the plaintiff is Goldman Sachs. What kind of debt is this? A credit card? I haven't heard of them issuing credit cards. Is it a business or consumer debt? The reason I ask is, if this is a business debt, you cannot use the consumer rules in the arb forums, which generally limit your fees to either $200 (AAA) or $250 (JAMS). If it is a business debt, I believe you may have to pay half of the arb fees. You would be better off staying in court. Edited to add: more thoughts. Not trying to be a downer here, but you have been sued by an OC for a large amount of money. Even if you do go through arb, it is likely they will follow you and pay the fees. Arb works best with JDBs, which are more likely to fold and move on to easier prey than pay the arb fees. If you have a bad case in court, you have a bad case in arbitration. You may want to consider bankruptcy. One good thing about Texas is it is a debtor-friendly state. Judgment creditors can't garnish wages in TX.
    1 point
  32. If they do not follow the court order to arbitrate, as part of your motion for sanctions, you could request a judgement against them for $200 based on the contract. That would be a kicker considering they started this with a garnishment and ended with a judgement against them. Now, they might simply dismiss the case (with or without prejudice here is fine because then the statute of limitations has expired). At that point, you will have to decide how much it is worth to you to chase them for $200.
    1 point
  33. @Willd323 Let’s take this one step at a time. Does the credit card statement show your name and the address at which you resided on the statement date? If it does, are you sure you didn’t open that account? In regard to debt validation, according to the FDCPA, a consumer’s right to debt validation is triggered only after receiving an initial communication (first communication) from a debt collector. See 15 U.S. Code 1692g(a) of the FDCPA. However, the FDCPA specifically excludes a summons and complaint as an initial communication. Therefore, a summons and complaint does not trigger your right to request validation. See 15 U.S. Code 1692g(d). The law firm was not required to respond to your request.
    1 point
  34. Hello and thank you for any help!!! I received the complaint in February, I filed my answers and MTC within the 14 day time limit. A hearing was set to hear the MTC, however the plaintiff responded by not objecting only stating I had to file the arbitration request. The court granted my MTC and I submitted the required information to JAMS. We had another court date where I had to prove I open the JAMS case. The card was Discover, at this healing the judge gives the parties time to talk, while talking, the plaintiff said they were going to object and I asked if he was aware of the court order. He said the the agreement I file was wrong and the 2020 agreement is the correct one. I asked when was the last activity on the account he shows he in his paperwork from Discover that is was Dec 2019. We go before the judge and the plaintiff tries to objected saying that the AAA is the only association authorized under the card agreement. The judge asked he he was aware of the response that was submitted and the court order on March granting my motion. The judge then says we are not going to go back and was will proceed with JAMS, that was in May. The plaintiff has not responded to any of the email from JAMS or myself requesting they pay the fee. Finally last week the JAMS case manger sends a email saying if the fee is not paid by the 14 the case would be closed. The plaintiff response to the JAMS case manger saying the this is not the correct association. I request an extension with JAMS until the end of the July. the next day in the mail I receive a MTC arbitration with AAA. looking at the paper work they have removed the information showing the last activity on the account because the 2020 card agreement started February 14, 2020. This agreement is after the default, which would be January 2020 Please help me respond to their motion, I don't know if I should file a Motion to Dismiss With Prejudice and Sanction plaintiff or respond to their motion. Thank you again
    1 point
  35. Attached is standard answer form for Tacoma District court. So you are being sued on two different CC accounts? This may work in your favor as Capital-one does not have an arbitration clause but Comenity ultimate rewards MasterCard probably does. ANSWERFORM_201306201711479234.pdf
    1 point
  36. They have filed a motion to compel arbitration. In you don't agree, a response in opposition to the motion to compel is in order. One argument might be that the court has already decided the issue, as they concede in their newest motion. They are making the same argument that the court found to be untimely in the past, so now it is even more untimely. They also concede in their newest motion that the agreement provided for arbitration with JAMS, at least prior to February 14, 2020. Usually a change in terms, or a new agreement, contains language something like; Acceptance of Agreement: You accept this Agreement if you or an Authorized User use the Account. An argument could be made that there was no acceptance of any change in terms or new agreement, and that the agreement that was submitted with your original motion to compel is the governing agreement, since no newer agreement has been accepted. You can support this argument with any additional information about the lack of any activity between the parties at the time they claim to have sent the new agreement, as well and before and after that time. You could also argue that you've already expended time and expense to file the case with JAMS, and that you shouldn't have to refile with a different entity. However, if you argue this, they might reply that they'll file and cover all of the expenses.
    1 point
  37. I assume your MTC made the case that the other agreement was governing when you defaulted. Also the judge said "we are not going to go back and proceed with JAMS, " Their time to object to the contract was when you filed the MTC that bridge has passed. So yes I think a motion to dismiss with prejudice based on not complying with MTC is in order.
    1 point
  38. Update - Midland dismissed the case! The judge only ordered the arbitration to go forward, but did not specify how many we had to do. Thanks for all your help!
    1 point
  39. When they offered the 75% I countered with lump sum of 25% good till hearing date. I just stuck to that offer regardless of how the attorney argued that they would follow to Arbitration and I would have to pay their fees when I lose and I would lose. That it's legal to buy debt, they had all the paperwork needed to win etc. If I had a winning case why not just win in court. I had an argument he couldn't overcome, that it was best for my family's health to handle case in arbitration via zoom or telephone because of Covid-19.
    1 point
  40. FYI In my case They started with 75% then 50% then we settled at 25% 4 days before hearing on motion. Wasn't Calvary though but another JDB.
    1 point
  41. (I am not an attorney.) If the Best Buy agreement you've linked to is the correct agreement that applies to the account that is the subject of this lawsuit, then yes, it appears to have a valid arbitration clause. Please take the time to carefully read the entire arbitration section of this agreement--as the very first sentence in "all caps" instructs you to do, on starting on page 11. Are you referring to this "Exhibit A" from Fisthardcheese's sample motion from his pinned arb thread? " 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, electing arbitration with JAMS and requesting dismissal of this case (see Exhibit A, attached)." Did you send this letter to the plaintiff? If not, you would not have it to include as your Exhibit A. (You would have specified AAA as the arb forum, not JAMS, as the agreement dictates.) On page 12 of the arb clause "How arbitration works," it states, "Arbitration may be requested at any time, even when there is a pending lawsuit, unless a trial has begun or a final judgment entered." and " To choose arbitration, a party may file a motion to compel arbitration in a pending matter..." The agreement you posted does not appear to require you to send a letter, although you could have. In Fisthardcheese's sample MTC template (to be modified to your specific facts and state laws) he quotes from a sample agreement's arb clause. You would replace what is quoted here with the exact language used in the Best Buy agreement. Yours may or may not be in all caps. "4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. (b) IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT (d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. (e) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT." Please read the Best Buy agreement's section "Paying for arbitration fees" found on page 13. If your AAA arb demand claim is unrelated to debt collection, then PRA will pay your AAA fee; otherwise, arb fees are allocated according to the AAA consumer rules. How/where did you obtain the copy of the Best Buy agreement? Was it provided by PRA? Please be aware that recently a few of our forum members have been surprised to learn that PRA will in fact agree to go all the way in arbitration. The large costs compared to the debt amount have not been a deterrent. We now have a case where even arb-adverse Midland has agreed to arb. Do you have any plausible FDCPA or Texas consumer law violations here? If yes, this may put you in a better position to negotiate a settlement.
    1 point
  42. Yes, June 8 was when the card went into default and no payment was made after that date.
    1 point
  43. Found this handy document that calculated the trolling period for each state due to COVID. 2020_USLAW_NETWORK_COVID_19_Statute_of_Limitations_Quick_Guide_COMPILATION_version.pdf
    1 point
  44. After default, a bank is required to charge off an account within 6 months (180 days) if the account is not brought back to a current status. During that 6 months, the bank can charge interest and late fees. After charge off, the bank can continue to charge interest as long as it continues to send periodic statements to the consumer. Again, not all accounts are sold to debt buyers. Some banks don’t sell them at all. Discover Bank is an example of a bank that keeps defaulted accounts.
    1 point
  45. If you want to run out the clock, you need to lay low and not call attention to yourself. Disputes with CRAs have been known to wake up creditors.
    1 point
  46. The search feature in the forums is helpful. I'd use it to further research arb in TX. This is the template I use: 1. On or about xx/xx/xxxx, Plaintiff filed its case against Defendant. 2. Defendant moves this court to compel Private Arbitration in accordance to the Terms and Conditions of the Credit Card Agreement (see Exhibit A, attached). 3. In a letter to Plaintiff’s attorneys dated xx/xx/xxxx, Defendant informed Plaintiff of its intent to exercise the Arbitration Clause contained in said Agreement (see Exhibit B, attached.) 4. The parties are bound by the Credit Card Agreement. The Agreement states, in part, (a) You or we may elect to resolve any claim by individual arbitration. (b) If arbitration is chosen by any party, neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim (c) You or we may otherwise elect to arbitrate any claim at any time unless it has been filed in court and trial has begun or final judgment has been entered (d) Claims will be referred to either JAMS or AAA, as selected by the party electing arbitration. Claims will be resolved pursuant to this Arbitration provision and the selected organization's rules in effect when the claim is filed, except where those rules conflict with this Agreement 5. The Federal Arbitration Act (“FAA”), USC 9, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration to settle a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or equity for the revocation of any contract.” 6. The Supreme Court ruling AT&T Mobility V. Concepcion 563 U.S. 333 (2011) states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. “We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone, supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West Inc. v. Jackson, 551 U.S. 63 (2010) (slip op. at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc v. Cardegna, 546 U.S. 440, 443 (2006), and enforce them according to their terms, Volt Information Sciences, Inc v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 478 (1989).” Furthermore, “The “principle purpose” of the FAA is to “ensure that private arbitration agreements are enforced according to their terms.” Volt, 489 U.S., at 478; see also Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp, 559 US 662, 130 (2010) (slip op. at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the savings clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement…” 7. The Defendant elects arbitration via JAMS to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration. Respectfully submitted, (Your name) Defendant, Pro Se
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  47. Here it is, step by step. 1. Wait until you are served. The court is probably sending the summons by certified mail. You could sign for it, or gain a little more time by not claiming the certified mail (don't answer the door when the mail carrier comes, and don't go to the post office to pick it up). Then the court will send the summons by regular mail. After you served, you will have 28 days in which to answer the lawsuit. 2. File your answer. I would just deny all their claims, except your name and address, and include an affirmative defense, that the court lacks jurisdiction due to a binding arbitration clause in the cardmember agreement. 3. File the MTC Arb. Samples are in this link: And, if you post a draft here, we can help you with it. Also, look up posts by MikeB35, on his fight in Ohio - examples are there as well. 4. Wait and see what the JDB, and the court will do. The plaintiff might dismiss. Or they might file a response to your motion. The court may hold a motion hearing. But, the ultimate result is the motion will probably be granted (95% + probability - the law favors arb). 5. Do not file a case in JAMS or AAA until the arb motion has been granted. See what the court says - they might require you to file the arbitration. If so, do it. But, there is case law in Ohio that the plaintiff is responsible for filing the arbitration (Capital One v. Rotman). ______________ Most probable outcome using this strategy: Your MTC Arb is granted, the case is stayed, the JDB dismisses the case, and you pay them NOTHING. This strategy works. I used it, and paid the JDB $0!
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  48. @the brat Don't worry about the affirmative defenses or second guess yourself there. Any affirmative defense you cannot prove will have the same effect as if you did not assert it in the first place. You should understand what they mean and how to argue them; but you have more important things to be concerned about. The judge will usually not even inquire about an affirmative defense until you have already lost the case; so if you can't prove one it will be moot anyway. Good Luck..
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  49. I asked for a judge trial, I went yesterday and won. THe judge here in alabma stated himself that Midland Funding is abusing the Judicial system. We as consumers have to stand up to them. I went and represented myself after extensive research online.
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