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  1. 2 points
  2. 1 point
    First off, Municipal court is small claims court in the State of Ohio. Anything above $15,000 would be heard in the Court of Common Pleas. Granted in Ohio, you can go straight to the appeals court rather than a Trial De Novo which is what happens in most state courts for small claims. No decision made in Municipal Court is binding on any other court. You still have not convinced me however that your mother's arguments was the reason they folded. Even if it was Merrick Bank itself that sued you (and it looks like they keep their collections in house and sue on their own debts based on my research), they still might have decided that the cost of fighting your mother's requests (or compliance) was too high for the amount involved. That does not mean that in another case, they would not be more assertive. They also might have decided to close the case to avoid the risk of appeal where there might have been a chance that your mother would have won and set a precedent (anything is possible in court). We don't know that. The only they we know is that they walked away from the debt. The bank never said why. In another state or even in another municipal court in Ohio, a defendant who tries this might get the "What have you been smoking son?" question from the judge and then an immediate summary judgement against them. Now in this case, they can appeal but again, they run the risk that a precedent will be created against them and will end this defense for once and for all (at least in the State of Ohio). I am happy that your mother was able to force them to abandon the debt but one win in municipal court does not make a defense valid.
  3. 1 point
    I found the Citi Dividend World MasterCard agreement that was listed on their website on March 13, 2016. The copyright date on the document is 2009 Citibank. Like your other agreement, it doesn't say which card it's for. Perhaps you could sign an affidavit saying it was obtained using an internet archive for Citi's web page that lists credit card agreements. Link to the web archive: https://web.archive.org/web/20160313220204/https://www.citicards.com/cards/acq/cma.do?screenId=13461 You'll find the card under the section titled Rewards. There's a Citi Dividend Card and the Citi Dividend World MasterCard. CMAPDFDocument.pdf
  4. 1 point
    Kooky stuff happens some time. For any of a million reasons, that judge could have had a problem with that particular plaintiff on that particular day.
  5. 1 point
    In my response I would explain that the calls did originate from Unifund, that the callers stated they were calling from Unifund and that the return calls were answered by Unifund. I would state that whether this other party, Alltran is the current owner of the number does not change the facts as laid out in your TCPA claims. I would ask if there are further questions regarding the phone numbers in question that I would ask that Unifund provide all of their call logs to and from your cell phone number for all of the dates in question. Because you are using emotion now and getting frustrated, you are overthinking it. Just respond to every point she made and tell the arbitrator it is irrelevant, that is has nothing to do with this present case before the arbitrator, and that it is designed to confuse and muddy the current claims brought against Unifund by the Claimant. Ask for all irrelevant documents and arguments to be stricken and for your claims to be awarded in full. If you want, you can even throw back the frivolous stuff because she is attempting to bring claims up in this case that are part of another arbitration case number. THAT is much more frivolous than a TCPA claim that includes evidence plus your testimony that unifund called your cell phone.
  6. 1 point
    It’s not a conflict of interest. Notaries have nothing to do with the content of an affidavit. Their only duty is to confirm that the person who made the statements contained in the affidavit and the person who signs it are one and the same.
  7. 1 point
    Several people seem to get tripped up by this lately. This is just standard verbiage. It doesn't mean anything to your case because they already DID bring the dispute to court and that court has ordered them to arbitrate. This mean that the SECOND I get the final letter from AAA stating that they have closed the case due to Unifund's failure to follow the rules and instructions of the forum, I am filing a Motion for Sanctions with the court where I detail the timeline and include the AAA letter and tell the judge that the Plaintif has refused to follow this court's order to arbitrate and therefore you ask for the court to Sanction the Plaintiff and to dismiss this case with prejudice and for Plaintiff to pay Defendant's costs off $200. In fact, you can work on that Motion now and have it ready to file the same day you get the final AAA letter. That's what I would do.
  8. 1 point
    If a defendant does not raise the SOL as a defense, it is considered waived. As a result, even if the debt is outside the SOL, the court can render a judgment against the defendant, and the judgment can be enforced.
  9. 1 point
    This is why I love this forum. It has helped me tremendously get a better understanding!
  10. 1 point
    Yes. Even if BofA didn't assess "default interest," the JDB has the ability to do so if it's permitted in the loan agreement. Do you know how to use Excel? If you do, I would recommend creating a spreadsheet of your own that will allow you to do your own interest calculations to see if things match up with the interest allowed under the contract. This is the best way for you to really learn the numbers. If you don't have Excel, a pen and paper will work, too. I would also read the loan agreement at least three times from start to finish and highlight things you believe are important to organizing a defense. You need to know and understand your contract and the numbers.
  11. 1 point
    Once AAA closes the case and they try to bring it back to court, file a motion for sanctions against the plaintiff stating that they did not pay the fees as per the contact and as such, you would like a dismissal with prejudice since they are not abiding by the contract and using the private arbitration forum of their own choosing. If the roles were reversed, do you think their lawyers would let you return to court by refusing to pay the arbitration fees? Not a chance and you should not allow them to get away with it either.
  12. 1 point
    I remember back when I was massively in debt, finding, buying and reading a remaindered book about fighting the creditors. The methods did me no good. Then I found CIC. I was able to get rid of over $100k in credit card debt. Granted, some of the methods I used are out of date. Racking up tons of violations, then taking OCs who no longer have arbitration agreements to JAMS and getting a mutual walk away doesn’t work as well as it used to. But in the long run I was able to get through the process getting more in settlements from bad actors than I paid in debt settlement. Not much more, but enough to pay for part of a family trip and get some new appliances. This fellow talks about how he has a degree in language. What does that have to do with anything? Not a lawyer. I have a PhD in another area completely unrelated to law. That and $5 will get you a latte at a Starbucks around the block from the courthouse. Since I have 3 degree, I must be 3 times as smart. Or something. I may be misinterpreting him, but he seems to say he read articles by law professors. Whoop de doo. We read laws and cases here. The collective wisdom of CIC is well over a decade of fighting creditors in a changing environment. It is about what has saved debtors millions of dollars. We are not making a penny off of it. (*) We are here to pay it forwards. To help others the way we were helped. Folks on this site, and on the deceased sister site, have spent countless hours researching laws, fighting debt collectors, and finding out what has worked for others Yes, we have made mistakes. But we learned from them. Many of us have tried the bad strategies and tactics which can be found floating around the internet. We have seen how they work. Not well. What we haven’t done is make money by putting together a compilation of strategies and tactics, good and bad, and sell them to unsuspecting dupes. I am not accusing anyone, but if the shoe fits... This author wants to whine about how people here are picking on him. Well, some of the people here can be really tough. Some do not suffer fools gladly. Perhaps the author would get a better reception if he addressed some of the specific attacks on his work. For example, the author was attacked for saying defendants can win a case by demanding a signed credit card application. I don’t think I signed any applications since the 1990s. If this actually worked, the author should be able to refer us to case law showing where it actually works. As in case law within the past few years. (*). Not making a penny refers to the individual posters, not anyone who advertises on the site or runs the site.
  13. 1 point
    It also helps refine our nascent skills to craft persuasive argument.
  14. 1 point
    To this point, the copy of their verification also must be sent by the debt collector, which has been a sticking point in a recent case where the JDB seemed to rely on the OC sending verification on their behalf. Everyone talks about the non-factor of a DV, but there are still very key elements that must be met and even though it is rare these days, violations over it do occur due to short cuts and over simplifying their automation processes. Nothing much. You still must go through the process to answer the lawsuit and file a motion to compel arbitration. You would just use the fact that they failed to respond to your DV as a counter claim against them in your arbitration case.
  15. 1 point
    I happen to think that this lawyer still somehow thinks that AAA is part of the court process and not a separate private entity and she continues to believe that the papers filed in court are also on the desk of the arbitrator currently.
  16. 1 point
    When was the last time you actually made a charge to the card? If you have a 2012 agreement that does include arbitration and you never USED the card once they updated the agreement to remove arbitration, then you may have a good argument that in fact arbitration does apply. Heck, I still might give it a shot because they would have to show that you actually used the account at a time when there was no arbitration in the agreement in order to counter your argument that arbitration should apply. They may or may not be able to prove that.
  17. 1 point
    A debate is necessary. He should be allowed to defend his claims. That is how we learn.
  18. 1 point
    @Brian Gray With all due respect, your claim that allegedly “hundreds of thousands of people” have read your article does not prove that your article has helped thousands win their cases in court. Would you care to post your article here so that we can read it and have a respectful and honest debate? Respectful debate enables everyone to learn factual information.
  19. 1 point
    Aw, dangit. I missed his post, and I'm in the mood for a throwdown.
  20. 1 point
    Do you have reason to think the contents may be dangerous?
  21. 1 point
    Thanks Mike! I'm in the process of learning. I did find a Request for extension of time form on my courts website that I'm thinking on filing first. If approved would give me additional 28 days to file a motion or pleading.
  22. 1 point
    Woohoo!!! @Brotherskeeper- you are up for sainthood, or some kind of special award!! I can't thank you enough. Your help and assistance was paramount in this outcome. Thank you times infinity!
  23. 1 point
    I hope that I'm not doing the happy dance for nothing.... I showed up at court an hour early. Sat in my car and read the forums here until 30 minutes before my court time. Walked in, figured out where I was supposed to be and went and sat in the empty courtroom. I was working on paperwork for my job and a man approached me and asked if I was BitsyM. I replied "yes". He asked if we could speak in one of the meeting rooms. He told me that he was not the Plaintiff, but the Plaintiff had sent them on their behalf. He had a settlement to "dismiss with prejudice". No money. No future litigation. Just "dismissal with prejudice". I knew that was ultimately what I desired, second choice was arbitration. 10 minutes later, it was signed by the judge and I was on my way. Hopefully, I wasn't mixed up about what I wanted. Attached is what I signed. Please confirm that my happy dance can ensue.
  24. 1 point
    You always need to file a general denial immediately upon being sued to keep from getting a default judgment slapped on you. Next you need to decide if you want to fight it in court or use arbitration to get it dismissed. If you want to fight it then since it is in a JP court you need to get the court's approval to begin discovery. If you want to use arbitration then look through posts from @fisthardcheese to learn how to go about it.
  25. 1 point
    Great work! And thank you for wanting to join the military and serve your country. I wish you well.
  26. 1 point
    We don't know that. CA Courts move slower than any others. If there is no judgement yet and this were me, I would immediately file an answer denying all claims. I would watch for them to file a motion for default and state that your answer was too late, and you will then have to respond with some kind of reason as to why you filed a late answer and just hope the court will deny their default.
  27. 1 point
    You're plenty 'sharp' - that's not the problem. You're a "thinker", is the problem. Ask me how i know. 😁
  28. 1 point
    Start by reading this pinned thread by clicking on the link below. There is a template for the motion to compel arbitration in it that posters modify to include their specifics.
  29. 1 point
    The biggest rookie-mistake everyone makes is to think there is something inherently nefarious about what places like Midland do. The fact is that everyone in the court (including the judge and the cleaning lady) knows that you bought stuff, you didn't pay for it, Paypal sold debt to Midland and Midland has the legal right and evidence to sue you and, worst case, garnish your wages for the amount due. This is like being arrested for robbing a bank and forgetting your mask so you end up on security video. Arbitration gets you out of court. It doesn't change the morality of the situation, if those things bother you - it's just a loop hole that we use to get out of paying debts and it works virtually 100% of the time.
  30. 1 point
    @BV80 @jmay I ignore any "small claims exceptions" in the agreements. They are all ambiguous plus this is magistrate with rent-a-lawyers on the other side who don't read the agreements anyway. Here are recent GA Magistrate cases with a Citi agreement where pushing arb resulted in a win:
  31. 1 point
    A Motion to Compel Private Arbitratoin would look something like this: MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about ___________, 2011, Plaintiff filed its Complaint against Defendant. 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). 3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached). 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. 5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration 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 in equity for the revocation of any contract”. 6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, 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 , 561 U. S. ____, ____ (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 “principal purpose” of the FAA is to “ensur[e] 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 U. S. ___, ___ (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 saving 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 terms of the agreement” upon the motion of either party to the agreement . . . " 7. The Defendant elects arbitration 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 this day ________________, 2014 (Your name typed), Defendant, pro se
  32. 1 point
    As @BV80 said the SOL in GA is 6 years. They are well within it to sue. You should fight this. Gwinnett is run by actual lawyers and Judges who do not take kindly to spurious documentation to pursue a debt case. Magistrate Court does not allow discovery so you do not need to worry about that. Simply check off on the form you deny their allegation and wish to defend then get it to the clerk. The court will set a trial in the next 30 days. Type up a motion to compel arbitration and a motion to dismiss with prejudice. I would even mail a copy of the MTC arbitration to the lawyers listed and a letter CMRR stating that you are electing arbitration per the terms of the agreement that governs the account in question. That may cause them to fold before trial. On the day of trial the Magistrate will send you to the hallway to negotiate with the rent-a-lawyer that gets the case. Your only move is to steadfastly refuse to discuss any payment or admit to ANYTHING. You simply keep stating that you want arbitration per the terms of the card agreement the Plaintiff alleges applies to the account in question or a dismissal if they don't wish to arbitrate. If they haven't dismissed prior to the trial date they most likely will at that point or shortly after.
  33. 1 point
    @HockeyFan like @debtzapper mentioned earlier, read up on some recent threads like this @NormInGeorgia one to get up to speed on the evidence rule changes. http://www.creditinfocenter.com/community/topic/319863-i-got-destroyed-by-the-new-georgia-evidence-rules-did-anyone-else/ http://www.creditinfocenter.com/community/topic/324372-how-i-lost-against-midland-funding-in-georgia-and-then-won/ I'd study the GA evidence rules. If their affidavit is not describing any specific records reviewed, that would be a flaw in it. Does it meet 803 6 and 902 11/12? http://ga.elaws.us/law/24 Not being from Georgia or familiar with debt cases there, I'm not seeing what the big shocker is exactly with the rule change from a few years back. The business records exception pretty much matches many other states evidence rules from what I can see. I guess one change is integrated records admission but I'm not seeing how a JDB could meet all of these, especially item 3- The basic requirements for the admission of integrated records are 1) a business relationship between the business that initially made the record and the one who received it, 2) the recipient business routinely relies upon the accuracy of the record andintegrates it into its own files, 3) the recipient business has a witness who is sufficiently familiar with how the originating business routinely prepares the record to lay foundation under the business record exception, and 4) circumstances support the trustworthiness of the record.
  34. 1 point
    @HockeyFan some helpful atty written blog posts here if you haven't ran across them yet. http://georgiacreditlawsuits.com/about-the-georgia-credit-lawsuits-blog/magistrate-court-trial-guide-contested-hearings-credit-card-lawsuits/ http://georgiacreditlawsuits.com/the-burden-of-proof-in-a-georgia-credit-card-lawsuit/
  35. 1 point
    You may find the info here to be useful. This is dated before the new GA Rules of Evidence change. Still, it should give you some guidance. This is from a post by ASTMedic: Jill Sheridan fought and won a similar credit card law suit in Gwinnet, Georgia against Midland Funding. She has posted tons of documents she used for her win on the following link: http://www.scribd.co...winnett-Georgia Yours being a Georgia case, and virtually the same lawsuit, these templates should be extremely helpful for case law, procedures, and how to generate the correct forms and responses. You can also do a Google search for, Midland Funding vs Jill Sheridan and obtain more specific information from various other links.