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Showing content with the highest reputation since 01/15/2020 in all areas

  1. 1 point
    This is a very inappropriate thing for a judge to say at any point, let alone at a PTC before any discovery had even been conducted. As far as the RFAs are concerned, i would deny #1 on the grounds that you lack knowledge/information sufficient to admit. Object to 2-5 on the grounds that they assume facts not in evidence. Object to #6 on the grounds that it calls for legal speculation. Deny 7-9. Object to 10 as uncertain, ambitious or confusing. Object to 11-14 on the grounds that they call for legal speculation.
  2. 1 point
    I hope you kept a copy of the agreement. In any case, I would call them at this point and ask when they will file with the court (don't bother with email). If they don't, when this goes back to court after the 6 month deadline, bring in your copy of the agreement and inform the judge that they sent it to you and you signed it and wonder why they did not file with the court.
  3. 1 point
    Try here: https://www.consumerfinance.gov/data-research/credit-card-data/
  4. 1 point
    I would also point out that here, the JDB walked on a $14K debt when faced with arbitration in JAMS.
  5. 1 point
    MOST of the time you will have to pay off the accounts in collection. Realize, there are exceptions for everything. A little over a year ago, my wife and I refinanced our home. She had an account Vz had sold to a JDB, for about $600-700. It was close to the SOL. I talked to lenders, and none of them required us to pay off the debt. One lender suggested we attempt a Pay For Delete. We contacted PRA with a PFD offer, but they never responded. We wound up paying nothing, and getting the loan anyway. If you are already contacting banks, and being told you need to pay off the debts in collection, then you have two choices: 1. Pay off the loans in collection, get whatever terms you can get with a 620 credit score. Not great, but not bad. 2. Wait until the SOL has passed, and your credit score is higher, then refinance the mortgage under whatever terms you will be able to get in a few years. I basically did #2, because I had over $100k in charged-off debts, plus a foreclosure on my record. But you only have about $3k. The question is: are the benefits you can get with a refi now, rather than past the SOL, with a 620 credit score worth paying off $3k? Answer that question, and you will know exactly what to do.
  6. 1 point
    This is a tactic to try and disguise a debtors exam as discovery for the suit. Basically they are assuming they have won and are looking for information to help them collect after getting a judgment. Object to those as immaterial to the complaint as filed. Did you file a claim with your insurance when you received the bill? You do not get the contractual amount until a claim is opened by either the provider or YOU. While may providers do automatically file the claim to speed up getting paid it is not required that they do so. There is a widow to submit a claim and once that closes you can file an appeal with the carrier but it rarely works. Now that two or more years have elapsed it is way too late to open a claim. The major problem is that when you get any care at a hospital you sign a financial guarantee and it does stipulate that if your insurance doesn't pay you WILL. You are likely on the hook for the balance as billed now.
  7. 1 point
    No, but.... ...this is true. The reason is banks don't want your judgment creditors putting liens on their security (the home). With my first mortgage i offered an affidavit that stated the judgment i had was beyond the collection SOL and would never be a problem for the lender. This was back in 2007 right before the RE market started to implode, and probably wouldn't fly these days.
  8. 1 point
    Thank you for this! I will file my Notice of Appeal on friday. After that its a waiting game. Once the clerk of my court gets everything to the clerk of the court of appeals, I'll have 30 days to file my brief. That will be the next big step. I'll keep this updated. Thanks for your help.
  9. 1 point
    Looks like dismissal by the plaintiff. But wait for an official notice from the court to celebrate. Arb works!
  10. 1 point
    Thank you; I believe you will win this one. The motion to withdraw their MSJ leaves your MTC as the only active motion before the court. As @fisthardcheese said earlier, Plaintiff's attorneys seem to be on autopilot and seem a bit sloppy. So, they will either move to close the case or not respond at all, and after 12 months, the court will close the case under Rule 41
  11. 1 point
    My Motion to Compel Arbitration was granted a couple of weeks ago. I promised a few other members of the forum I would post a redacted copy of my court docs. So see below. Obviously you will want to fill it in with your own information. In the Case Caption section (Page 1 of most of these docs where it lists VS. your name), you will want to make sure you enter the name exactly as it appears on the complaint you were served with. In Los Angeles County, anyone can sign up on the court's website to submit documents electronically. If your court has this option, I would suggest using it as it's a time-saver. Lawyers are REQUIRED to use it, but folks like us are not required to do so. You can also reserve court dates using this system. For example, after I was served, I filed the Motion to Compel Arbitration instead of filing an answer (you can do this in California, per CCP 1281.7. While working on typing up your MTC, you will need to get a hearing date from the court. Using the online system, I picked a date that was about 45 days away. If you don't go the online route, you should be able to telephone the court and ask the clerk if you can calendar your MTC. Be sure the date is far enough in the future that you have enough time to serve the opposing party AND file your proof of service with the court. Although not required, I always have the person who does my mailings send them Certified Mail, Return Receipt Requested (CMRRR). This way you have absolute proof they got it. I'm around to answer questions. I'm not a lawyer by any means, but I can tell you what has worked for me. Redacted Motion to Compel. Arbitration.pdf Redacted Order to Arbitration.pdf Redacted Memorandum of Points and Authorities in Support of MTC.pdf
  12. 1 point
    Ok, so my Mom had her court hearing today. The judge wanted to schedule mediation because it didn't cost anything. She almost agreed, but looked to me and I shook my head no. The judge saw and allowed me to come up and speak for her. Judge was under the assumption we would have to pay a few thousand dollars for a cheap arbitration, I explained that JAMS (which we are electing) limits the amount a consumer pays. He was surprised. I also mentioned the contract states they will pay a majority of the fees. The lawyer made a comment about that's not how it works in commercial arbitration. I chose not to remind him this is consumer arbitration. The lawyer then argued that Midland would not consent to JAMS, and the judge assumed I would have to be stuck with AAA. But I showed the judge the part that lists JAMS as a choice and he interpreted it the same as I did, that I have an option for either AAA or JAMS or a mutually agreed upon third party. Judge agreed we have the right to arbitrate, and lawyer asked for a stay until claim is filed. So now off to file for arbitration. My question is, based on the cost provision below, can/how does she ask that Midland pay her portion of the fee? 8. Location and Costs of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to.
  13. 1 point
    @Brotherskeeper First and foremost, thank you so much for your help! I appreciate every response and all of the information that you have assisted me in finding, and for providing. I tried to go to the court yesterday, after checking on the website to ensure that they were open. I pulled up and the doors were locked. Closed today and tomorrow as well, I'm assuming. The judge just said that I had a week to file for arbitration and send the election of arbitration to Midland (on 12/18/2019). I mailed CMRRR to Midland, the attorney, and JAMS a copy of election of arb., copy of agreement, cover letter to JAMS denoting what enclosed (demand form, 2 copies of agreement, notice of election that I sent to Midland and attorney). I also noted that I was requesting that Midland pay the fees per the enclosed agreement. I included in all 3 mailings a signed and dated certificate of service. I have a copy to drop off at the court of everything that was sent and copies of the CMRRR green card. So, I did everything within the 7 days from the 18th. Now I guess I just wait for JAMS, or Midland to contact me. I've never had the process go this far. Thank you also to @fisthardcheese for all of the information that you have taken the time to provide on this forum. I could not have made it this far without the information. I greatly appreciate it.
  14. 1 point
    Congratulations! They won't follow to arb, so you won. @fisthardcheese should have a definitive answer, but perhaps contacting the lawyer and offering a mutual walkaway and dismissal with prejudice might work. Otherwise, yes, I believe you continue with AAA so they can't come back and say you weren't serious. My understanding is that a pro se is to be treated just like another lawyer, yet we see so many of these cases where the plaintiff's lawyer lies about the defendant's cost of arbitration. If they did that to another lawyer they'd probably face sanctions.
  15. 1 point
    In the context of proposed MTC arbitration, plaintiff's allegations are moot. Even if all of plaintiff's allegations were true, the court could care less if the dispute is going to be handled out of court. In some States, responding to complaint via answer actually waives arbitration! Suggest OP study the concept of responding to a law suit via MTD. "Answer" has a very precise meaning.