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  1. https://www.agrusslawfirm.com/companies-with-arbitration-clauses Not all the companies are creditors; in fact, most are not. What is really interesting here, is this is a consumer law firm that is using arbitration as we do here: as leverage over companies due to the arb fees. Good to see this, as many consumer lawyers are arb-adverse. Note this is not spam, or promotional for this firm. I have never used them, and am not endorsing them. It's just something I found Googling for info on a creditor. But this might be a useful resource for folks here, especially those who are not confident of going though arb as a pro se. Having an attorney is always a better option. Most of us go pro se because we can't afford a lawyer. Though I suspect that, like most consumer law firms, they only take cases at no cost to the consumer that are easy, slam-dunk wins. Having an attorney can prevent creditor lawyers, judges, or arbitrators from "pulling a fast one" on a consumer. For example, in my first debt case in court, the first thing the court magistrate asked me was "Are you an attorney?" When I said "No," his demeanor changed instantly to disrespectful, almost mocking, and intimidating. I suspect that if I were an attorney, this would not have happened.
    2 points
  2. For some, bankruptcy is a godsend. We often advise people to avoid bankruptcy if at all possible, to preserve the option if they run up enormous hospital bills. This IS an enormous hospital bill. This may be a situation where bankruptcy IS a godsend. I would strongly suggest you speak with a good bankruptcy attorney.
    2 points
  3. Wise advice from @BV80 Especially his emphasis on state laws. For example, in my state, Wisconsin, the Wisconsin Consumer Act applies to the OC, and this sort of behavior is covered. There are other reasons to talk to a consumer attorney. My job is related to my bank fixing its mistakes, which gets into regulatory matters. Banking is a very tightly regulated business. Quite seriously, I have dealt with situations in which banks spent more millions than you can imagine either in fines, or trying to fix the situation so they DON'T get fined. The culprit is usually some error in programming code or database design. Consider, two years ago Chase (for whom I have never worked) forgave every cent of debt for every Chase credit card in Canada, and left the market entirely. They didn't say why, but that was probably to avoid regulatory issues which could have been even more expensive. To make matters simple -- Credit One selling your debt AFTER you settled the debt almost certainly runs afoul of federal banking laws. Possibly some of your state's laws as well. It may even be seen as fraud. This is why you should speak to a good consumer attorney. I don't know which laws and regulations they have broken. That's not my job. it is a consumer attorney's job to either know or find out.
    2 points
  4. You need to contact a consumer attorney. Credit One is the OC, so you have no claims under the FDCPA. However, you have the FCRA and possible state laws. The problem with the FCRA is that it’s more difficult to show an injury. You would have to show not only how the reporting is incorrect but also that it has harmed you. See the following U.S. Supreme Court ruling. “[D]eprivation of a procedural right without some concrete interest that is affected by the deprivation . . . is insufficient to create Article III standing." Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016). For proof, do you still have their letter that offered the settlement, waiver of the remainder of the balance, and proof that you paid? If so, that is proof the account is being inaccurately reported, but you also must show that you disputed the inaccuracy with the CRAs and that Credit One did not correct or delete it after receiving notice. There’s no FCRA claim until Credit One does not correct or delete. Do you have the notice of the sale of the account from LVNV and subsequent collection letters? That’s enough to allege that Credit One sold an account it should not have sold, but I’m not sure what law it violates. That’s where a consumer attorney comes in. Once you sufficiently allege the sale of the account in a properly written complaint and offer your proof, it would be up to Credit One to offer evidence that it did not sell the account, that a sale was not inappropriate, or that this is all a big mistake.
    2 points
  5. @txrider1 I take this comment: At this time the request has been denied based on Texas Civil Practice and Remedies Code Sec 171.002. I have included said chapter for your review. ...the "At this time" part to mean their minds could be changed. Since they seemed quick to answer your email, I don't think it would be inappropriate to put together a quick email reply that quotes the 'Section 2 of the FAA' that @BV80 mentioned -- which overrides Texas law -- and "you are including for their convenience." Ask them straight out if this federal law makes a difference since it appears to contradict the 'Remedies Code Sec 171.002' they sent you. It may not do any good whatsoever, but some courts are small and informal enough the clerk may ask the judge about it. It would be a shame if you had to file an appeal because a small town court judge wasn't aware of this federal law. I've read a lot of cases where appeals courts overruled a lower court that either denied a MTC or a stay in proceedings. @Bulldogerpointed out an Ohio Supreme Court Ruling that did this very thing. In short, JDB won an argument that defendant could not file to 'stay the proceedings pending arbitration' if said defendant had not initiated arb yet. The court reversed this decision and even said: "Indeed, it would be nonsensical to require a defendant to commence arbitration of a claim against himself. Thus, where defendant properly exercises a right to arbitration, it is incumbent upon the plaintiff to pursue its claims in arbitration once a stay of the action is granted." If you read these arb agreements carefully, I've found a great many do not have language about WHO must file a claim in arbitration -- only that either party may 'elect' it. Of course, different courts, different interpretations. Either way, good luck! Jimmy
    2 points
  6. Update: I have settled for a mutual dismissal with prejudice! I signed the settlement at the end of last moth but just now have time to post update. The total time from getting my MTC granted to signing a settlement was 13 days. Thank you all again. Could not have done it without the good people of this forum!
    2 points
  7. This is where you also find if you need and how to attach a certificate of service. See what your particular court requires. Call your court clerk they may answer your question. They can't give out legal advice but they may be allowed to answer questions on filing procedures.
    2 points
  8. The goal of a MTC is not to actually arbitrate. It is to make the path to collecting so cumbersome and expensive that they choose to drop the entire case instead. A bad case in court is a bad case in arbitration. MOST attorneys are not familiar with arbitration. Should you be in a situation where you had to arbitrate you would have to search diligently to find a firm that could take the case. You can try Skaar and Feagle or simply use the NACA website to find Consumer Attorneys in Gwinnett and/or Fulton County. DO NOT email or use those "contact us" buttons. They are not monitored. You need to call and speak to a live person. Objection/defense to the motion is no different than many other motions: not contractually obligated, too expensive, waived right to arbitrate etc. It is up to you to have counter arguments and case law from GEORGIA to support your position. While you certainly CAN do this I have not heard of the Gwinnett Magistrates asking for this. Should the Plaintiff object to the card agreement presented I would simply state then please produce the agreement IN FULL you state is associated with the account as filed in your complaint.
    2 points
  9. My answer to the guy looking for your apartment dweller would have been "Oh, Mr. X (your real name)? He moved to Kiska Island Alaska last week. Something about working on crab boats. My name? Kissmebum, Robert Kissmebum."
    2 points
  10. With the upcoming changes, can we please bring back the ability to export/download private messages? Also, when using the board from my phone, the location information for individual posters does not display. Can we please have this added back? Thanks!
    1 point
  11. You can ask them, but the point is that OCs don’t usually delete. That’s not saying they don’t ever delete. They just rarely do it. In regard to a settlement letter stating they won’t sell the account and will delete the TL, you can try it, but they don’t have to agree to it. If an OC settles with you and states the account is “settled”, it means just that. The account is settled and nothing else is owed. In the event that the OC sells the account, you show the JDB the settlement letter. If the JDB still pursues you, sue it for FDCPA violations and consult an attorney for possible OC violations.
    1 point
  12. First off, you did your best to negotiate with the medical provider. If they cannot come up with something you can afford however, you are bankrupt and that is that with that. You tried your best to avoid it. I would discuss you case with a BK attorney however to make sure there are no surprises. Even credit counseling cannot help with this. I put this under the category of bad things happening to good people. With that said, once the dust settles, you should take another look at the high deductible plan. Yes, $5k is a huge amount but would have been more manageable than $365k or $130k.
    1 point
  13. It doesn’t hurt to give that info to the attorney. As a self-represented litigant, you are expected to cooperate with the other party just as it is expected to cooperate with you.
    1 point
  14. I'm in Virginia, but our courts only require that you send it first class mail. The certified option is just extra proof if they claim they didn't receive it. If they get to court and claim they never received it, just show the receipt that shows it was mailed. They'll probably get a continuance if they really didn't receive it so they can look it over. I doubt it'll be a problem, but someone with more experience might know more than I do. For example, whenever a lawyer mails me something related to a case, they just use first class mail - they don't use certified. I think the only time the certified card helps a lot is if you're filing a FDCPA violation and need to prove that you sent them a dispute letter within the 30 days and they continued collection efforts without responding.
    1 point
  15. I never check those boxes and I still get a signature. I googled and found this: A "Waiver of Signature" is initiated by the Sender and authorizes delivery of mail at the letter carrier's discretion (if area is secured and protected from weather) without obtaining the recipient's signature. Waiver of Signature must be checked at time of mailing by the Sender It sounds like she would have had to check a box to allow the waiver. Maybe the mistake was made at the delivery end? Not checking any boxes should not have triggered a waiver. I've complained about stuff the post office has done using the USPS.com website. I usually get a response within a few days - most of the time, someone at the actual post office either calls me or emails me. Your friend might want to try that and ask them about it?
    1 point
  16. Thank you! You all really helped save the day with advice!
    1 point
  17. GREAT JOB!!!!! Yes, a win is a win. Once they file for dismissal without prejudice, they rarely file again.
    1 point
  18. @BackFromTheDebt I didn’t think of banking laws. Good point. Yep, a consumer attorney is definitely needed.
    1 point
  19. First off, you should have started your own thread. That being said, this appears to be a scam. The SOL in Virginia is 5 years. The SOL expired 5 years ago. Unless they have a judgment. I read the statute they mentioned and it says nothing if the sort. There are more red flags here than at a bull fight. They have to validate the debt if you request. They could provide proof of debt. If they have real contact information, contact a consumer attorney. You may be able to sue them for FDCPA violations as well as fraud. Possibly some state violations as well. In the meantime you need proof. If you talk to them on the phone again, make sure the call is recorded. Check the Va laws as to how to do that legally so it will be admissible in court.
    1 point
  20. This shows why it is extremely important to learn the Rules for Civil Procedure (RCP) for your court. The Rules vary from state to state and often from county to county within a state. Not to mention, different types of court within the same county may have different Rules. A lawyer would know the Rules already. A pro se is expected to learn the RCP and abide by the Rules. Failure to do so could lose a case.
    1 point
  21. help with the timeline: when did you get letter from the Justice of the peace notifying you of my hearing on Nov 18. Did hearing have a title and is hearing still happening? When did you file MTC? Did you have order for judge to sign? Did plaintiff file a response? (you should have gotten copy) Is hearing still on for Nov. 18th title of hearing? I suggest you file a paper titled Memorandum Regarding Motion for Compelling Private Contractual Arbitration used of Texas Civil Practice and Remedies Code Sec 171.002 when contractual agreement is governed by the Federal Arbitration Act. 1. In that paper point out section of the agreement used in MTC stating federal law applies. 2. quotes the 'Section 2 of the FAA' that @BV80 mentioned 3. statement that Sec 171.002 does not apply in your case since it is governed by federal law. 4. Therefore the MTC should be granted.
    1 point
  22. Whenever someone asks for my advice regarding arbitration I refer them to @fisthardcheese Search for posts by him and you will most likely find your answer.
    1 point
  23. @Jimmy E Thanks for the advice, that is precisely what I wanted to do but I didn't know if emailing the judge back without notifying the opposing council was inappropriate/illegal. I mean she strait up emailed me back, never sent a formal response... So I assume it will be fine. I will keep you posted! Thanks again!
    1 point
  24. Ah. Well, your use of SoloSuit was far less helpful than what you would have gotten here for free. Here is the bad news and the good news. Bad news: Kohn Law Firm is the toughest debt collection firm in this part of the country. They don’t mess around, they don’t make mistakes, they don’t back down, and they almost always win. Filing a reply with SoloSuit only prevented a default judgment. It won’t beat Kohn. Good news: You can still win this case. This card is Synchrony. They have the best (for the debtor) arbitration provision of any card. Midland is bound by the agreement and usually backs down if arbitration is filed, especially for such a small amount. Here is how you win: 1. Read up on the arbitration threads on this forum. Learn all you can. 2. Learn your local court system, and learn how to file and schedule motions for whatever court this is in. 3. File a Motion to Compel arbitration (MTC). Send a copy of the card agreement with the MTC. Send an affidavit that you used the correct agreement. Send a copy of everything to Kohn. Keep a copy for yourself. If you do this the right way, you will probably win.
    1 point
  25. This is an interesting situation, in that it may also involve FDCPA and/or state law violations. If you could arrange a free consultation with a good consumer attorney, he could advise you. In many of these cases, the attorney takes the case, gets a few thousand in legal fees from the malefactor, and you get a few hundred to a few thousand. Also, the problem disappears.
    1 point
  26. This sounds like a case where work was not done when you needed it done costing you money so you did not pay the other party. Either they decided to take you to small claims court and you counterclaimed or you took them to small claims court and the judge made their decision. First off, it is not surprising that the judge took a few days to make their decision and send it to the parties in writing. In many cases in small claims court, the parties are literally at each others throats and to avoid courtroom drama, the judge holds their decision but they had already made up their mind by the time the case ended. As for the disclaimer for harassment, etc. in filing an appeals, Minnesota court documents are starting to show that phrase too. The problem is, this has never been tested in court and if the other side decided to do a scorched earth policy, they probably could appeal their denial of appeal in the case and quite possibly win. Showing that the filing was vexatious or frivolous is a high bar to prove for you because the general consensus of the court is that everyone deserves their day in court, even the ability to exhaust all appeals. This is true in criminal court as well as civil court. That is why Ken Lay is not a criminal even though he was convicted in court. He had not exhausted his appeals when he died. In the case of small claims court, they rules are relaxed but when something is given, something is taken away and in this case, the appeal is a trial de novo which means the case proceeds in regular civil court as if the small claims case never happened. The other side then can bring in evidence that they did not provide in the small claims case. They have 30 days for appeal for a trial de novo under California law. I would sit and wait to see if they appeal as @Clydesmomsaid. In the meantime, start to prepare discovery as if they are going to request a trial de novo. After the 30 days + 7 for mail and service are up, then send a demand letter. I know you feel messed over and this is dragging on forever but you must follow the process.
    1 point
  27. If you want to go the arbitration route, the sooner the better. As we all know, in general Florida courts have ruled that even answering the complaint waives arbitration. @Jimmy E has a point that this particular arbitration agreement may be a way around that situation. Good catch Jimmy! If you want to have any chance at arbitration, it would be best to file before mediation starts. That is, file right away. Then, agree to mediation with MCM. The strategy after that gets tricky. Usually, when arbitration has been elected, we advise people to simply state during mediation that they have elected arbitration, and therefore mediation is a waste of time. I have no idea if that will work in this case or not.
    1 point
  28. @TM2021yes, sounds like MCM sat on their hands for a year -- having to be reminded about the case against you. I don't know Florida law, but a fellow poster from Arkansas had an almost identical situation where JDB waited until a dismissal for lack of prosecution was filed before they acted. That person successfully compelled the court to go the arbitration route. Do you plan on trying to settle in mediation? If not and you plan on fighting it, @BackFromTheDebt may be right -- it might be too late to motion for arbitration, but if you are going to fight, it won't hurt to try! The most the judge would do is deny the MTC, which would be a big blow to your case, imo. You mention Paypal Credit. Would that be Synchrony Bank? Either way, go to: https://www.consumerfinance.gov/credit-cards/agreements/ Download the agreement that was in effect when you defaulted and read the arbitration section. A few of the Synchrony agreements I have read include this: "Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered." I don't know if Florida law shoots this down or not, but seems reasonable to me that courts across the country encourage arbitration -- to lighten very heavy case loads. I could see a judge allowing arbitration. But, again, I do NOT know what Florida law says about it. I'm sure some fellow Floridian forum members will chime in. Plus, we don't know how you answered the lawsuit, or if any defenses were presented. Good luck! Jimmy
    1 point
  29. In general, filing an answer in Florida waives your rights to arbitration. Sorry. It is possible that the opposing side will agree to arbitration while in mediation. It is possible a judge could grant you arbitration anyway. Don’t count on it. If MCM is trying to contact you about mediation as per court order and you are blowing them off, that is not at all good for you. Never disregard a court order. Bad things could happen. I once got a default judgment against a tenant because she failed to show up for mediation. I don’t know what was in your answer, and how strong your defense is. All I can say is you should look on mediation as your opportunity to settle the case.
    1 point
  30. It appears to keep track of (manage) the lawsuit. Here is a sample Case Management Plan for a FL Circuit Civil lawsuit. https://flcourts18.org/docs/cir/Example_Exhibit_A.pdf
    1 point
  31. @Clydesmomprovided the name of the firm that she has mentioned before. If you do talk to an attorney, don't automatically hire them. Most will provide a free consultation . They will listen to what you have to say about your case. Will probably ask a few questions. Then they will tell you what their recent experience with that creditor/law firm has been. They will tell you how much they would charge to take your case. A law firm may or may not pursue a motion to compel arbitration. They might suggest FDCPA counter-complaints to push for a mutual dismissal. They might have good recent history with this law firm on small settlements. I am not a lawyer, and am not associated with any lawyer. My suggestion to talk to a law firm was more based on my interpretation that you are nervous and confused about the process. It is possible that you could pay an attorney $500 and still have to pay the creditor $1,500. It is possible that you could argue for arbitration in court, lose and immediately after that have a $1,500 judgement entered against you. If you want to use the MTC, that is up to you and it can be effective. I would only suggest that if you are not comfortable with your knowledge of the CC agreement, the MTC process, and the strength/weakness of the JDB's evidence that you at least consult with an attorney. If you do continue pro se, study and be certain of the process and the evidence before saying anything or submitting anything in writing to the creditor or the court.
    1 point
  32. On its face, with what you are telling I would imagine it is a violation. I recommend speaking to an attorney personally. In the alternative ask the credit union who says they have no records for you having an auto loan with them to provide you that information in writing and send that to the credit bureaus.
    1 point
  33. 1. That is not required, unless it is specific to your jurisdiction. It is a tactic. 2. Don’t be so obsessed with a dismissal with prejudice. Yes, it is better for you than without prejudice, but a dismissal without prejudice is still a victory. They rarely sue again. If you reach a settlement with the plaintiff it almost always includes a dismissal with prejudice. Sometimes they just drop the suit or just walk away. In that case you may have to accept a dismissal without prejudice and just accept a victory
    1 point
  34. You actually need the agreement that was in effect when the account went into default. It might be in the archives of the Consumer Financial Protection Bureau’s credit card agreement database. In the link, scroll down to see the different years offered. https://www.consumerfinance.gov/credit-cards/agreements/
    1 point
  35. You mentioned counter-suing . . . meaning counterclaims, I presume? If you want to use the arbitration strategy, you don't want to do that in court. The reason is, the further you go in litigation, the more risk you have of waiving arb rights. And filing a counterclaim is definitely one of the things that can waive arb rights.
    1 point
  36. Bank accounts can be levied in every state unless the funds are exempt by law. If the funds are from a pension, SSI, SSDI, disability policy they cannot be levied. Up to 2 months worth is protected from levy. This is why consumers with debt with protected income should not have joint bank accounts as it places the other person's funds at risk for their debts. Also it is very important NOT to have non-exempt money in that account ever. ONLY protected funds should be in there.
    1 point
  37. My Credit Journey - From 480(s) to High 600(s) in less than 6 months The Title is correct! I brought my FICO Scores from the 480(s) to the high 600(s) in under 6 months! YES! It is possible to do! Q.) That's crazy to believe, how did you do it? A.) To be completely honest, it wasn't easy. It took A LOT of hard work, dedication, and long stressful nights but I was able to accomplish my end goal, which was to go from having bad credit to having good credit. The first thing I did to begin was I obtained my FREE Credit Reports from (annualcreditreport.com). Due to the current pandemic with COVID-19, Equifax, Experian, and TransUnion are allowing you to have access weekly to your free credit reports until June of 2021. So, I took advantage of this for the next steps of my credit rebuilding journey. After I had all three of my current credit reports in front of me, I started looking for anything that I did not recognize or anything that may have any errors. Almost immediately, I noticed that there were a couple of red flags or errors within all three of my credit reports. I followed the dispute process and was able to have 3 collections successfully removed from my credit reports. With those three removed, my FICO Scores raised around 30 points. After this I still had 8 collection accounts remaining on my credit reports, most of them were actually several years old. Due to the age of the accounts, I realized that I could potentially contact the debt collection agencies and negotiate a lower settlement amount in exchange for them deleting the account from my credit reports. This is typically known as a (Pay for delete). Once I had verification in writing from the debt collection agencies stating that they would delete the accounts once the settlement had been paid, I took action and paid as agreed. Within about 3 weeks, I seen that six collections had been deleted from my credit reports as agreed. This made my FICO Scores raise around 90 points, give or take. The total amount I would have paid for the six collection accounts, had I not negotiated a settlement, would have been over $7,000. The amount I actually paid with negotiating to pay the accounts off for less was actually only a small fraction of that, at $2,900. Yes, you read that correctly, I was able to pay for delete on those six collection accounts, totalling over $7,000 for just $2,900. That's the beauty of negotiating with a debt collector. Keep in mind, normally most people who have collections tend to typically avoid any contact at all with these people, so when you call and say ''Hey, I want to pay you, but can only afford a lower amount and I will agree to pay you the settlement if you agree to delete the account from my credit reports after payment'', 9 out of 10 times they will jump for joy and completely work with you and agree to your terms. You just have to have that courage to make that call, and have the extra cash set aside to do it with. Now, I had two collection accounts remaining on my credit reports, these two accounts were actually old medical bills and with them being over 5 years old, I decided to just let them be and fade away after just two more years. So now that I had cleaned up my old credit mess, I knew that I needed to do more if I wanted to re-establish good credit history. So I decided to get two secured credit cards. I only placed a $300 deposit for each card, so that way I was able to afford to establish two seperate cards. After I did that, I opened a personal loan account with a company called Self. With Self, you pay a monthly payment of say $48 for 12 months, after you make your last payment they give you the total you borrowed, plus any interest it gained. To better explain this, basically when you open an account with Self, they approve you for the loan, the loan is placed into a CD (Savings Account), once you pay the loan off, you get that loan that was in the savings account plus any interest it earned while being in there. They have 12 month and 24 month terms that you can choose from and the best of all is they report to all three credit bureaus, Equifax, Experian, and TransUnion! The next step I did was opened a CreditKarma Account (FREE) and started an account with FICO Premier . This is an important step because I did not want all my hard work to be for nothing. With MyFico Premier, you get Credit Monitoring and monthly access to all three Credit Bureau Reports. This as very important to me because now that I understood how credit worked, I wanted to make sure that I had total control and access to my credit scores 24/7. It was also nice to have peace of mind knowing that my identity and credit were being monitored 24/7 with MyFico Premier. Q.) Ok, so now you have read what I did, so how long did it take me to get to the high 600(s)? A.) Actually, not as long as you would think. I started my journey in December , and I reached my goal point of 671 by Mid-March. So to sum it up, it is possible to rebuild your credit, or to establish good credit history for those of you who don't have any credit. Credit is a very important part of our lives, and it's crazy how those three numbers can mean so much, and just how important those three FICO numbers are. I didn't have any experience with credit at all, my mother never used credit and I was never taught anything about it. So unfortunately, I had to learn the hard way. I did A LOT of extensive research to help me with rebuilding my credit, and I am very happy with my end result. Found a great company Team that helped remove a chapter 13 bankruptcy along the line which was the last of my issues. Not particularly recommending but worth mentioning because my credit score has now been rising 9 points a week ever since working with CREDIT BOOST FOCUS. (@Creditbootfocus on facebook ) I apologize for the lengthy post, I hope that this information has helped someone or maybe my story has given someone else the courage to being their credit rebuilding journey.
    1 point
  38. Another poster mentioned counter claims, which are a potent weapon if they are bona fide counter claims. Don’t just make s*** up. Discovery is a big thing. Make sure you use discovery to get all their evidence against you. This is also a good time to go over their accounting with a fine tooth comb. I got the accounting for Cap 1 thrown out of court even before arbitration because their affiant wasn’t qualified. I found some possible discrepancies with the statements from another OC I can’t mention. Things that cast doubt on the validity of the statements. For example, a statement from one year would have an ad with a date from a later year.
    1 point
  39. I pulled up the thread you linked to and just saw the $1k. The only case I know of where a JDB didn't walk away was the one from 2 or 3 years ago with the obnoxious lawyer that apparently went rogue and wasted a s-ton of her client's money. As for the rest, they have been debts as high as $30k; several of those I was pretty sure would go all the way and none did. I really doubt they will see it through on $10k. The fact of the matter is you really don't have any options other than to offer a settlement. I personally wouldn't do that until I see them pay the $2,500 arbitrator deposit. The caveat with that is they will be that much more invested by that point. The odds are on your side, so if it were me, I'd keep it going.
    1 point
  40. If anyone is reading this, my trial was set for October 15, 2021. I sent them my CCP96 on August and they did not reply. I was in the middle of preparing my defense for trial but received a Request for Dismissal without Prejudice. I was skeptical so I checked the court's website and what dk you know.. It was filed and trial taken off calendar. Huge sigh of relief! I want to thank everyone on this forum for helping out and answering any questions. I couldn't have done it without the people and information available on here. 🙏🏻
    1 point
  41. 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
    1 point
  42. 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
  43. CASE DISMISSED. YOU PEOPLE ARE GODSENT. THANKS EVERYONE BUT SPECIFICALLY @fisthardcheese AND @Harry Seaward. Felt soooo good knowing those lawyers that were laughing in my face from the director of the firm to the rent a lawyer had to eat their words....
    1 point
  44. 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
  45. @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..
    1 point
  46. Today, I received a photocopy of the Request for Dismisal filed by Regent & Associates and the attorney representing Equable Ascent Financial with the Superior Court of California -- Orange County. After sending them a Demand for Bill of Particulars, they immediately knew they didn't have a case that would hold up in court against me. Time to celebrate... YES!
    1 point
  47. You need to state it as an available affirmative defense. If Arbitration is not an available affirmative defense in your jurisdiction, then as Nobk4me recommended, use "Lack of Jurisdiction". "Waiver" is another option for arbitration. Or "Contractual obligation to Arbitrate" The affirmative defense section is NOT the place to plead your defenses. It is the place to list the legal basis of your defense. Your local and state rules should specify the recognized affirmative defenses available. Here is a link to an example of an answer with affirmative defenses.
    1 point
  48. Welcome aboard! Write them and alert them that you know about Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt. Tell them the matter is being forwarded to the appropriate government agencies for further processing since they chose to attempt strong arm you out of your rights instead.
    1 point
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