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  1. I just want to say that a win is something that the OP can agree and live with, whatever that might be. For some, that is paying some money but not the full amount, for others, that is an outright dismissal without paying anything. Each situation and person is different so if you are happy and can live with the settlement, you have won.
    8 points
  2. @Mistymouse4590 Indeed this was settled on the 10/19. We came to a mutual settlement after a bit of back and forth countering. Looking back im not sure if this case could have went anymore perfect. Ideally we want an outcome of $0 and a mutual walk away with prejudice but every situation is gonna be a bit different. I do honestly believe had I held on just a bit longer that would have been something i could have achieved. It was long and drawn out but at the end of the day its over and I am ready to move on with my life. I followed all the advice from the members on the site and stuck with @fisthardcheese arbitration instructions exactly and it could not have went any smoother. The process should not be scary. Although it was a huge weight and worry on my shoulders everyday. If you follow the procedures and do just a little research you can beat these clowns. So long story short the JDB followed me into arb. It cost me $250 with JAMS to file and then Velocity paid $1500 to follow. After that it was up to us to mutually decide on an arbiter. There was a list of 5 arbiters sent. I sent my top 2 to the attorney and they choose the arbiter that had a 7k per day fee. There are also many other fees that can be added along the way. It was this attorneys first time in arbitration so I honestly don't think she had much knowledge of how the fees worked. After the arbiter was decided they sent Velocity a 5k retainer to get started. The other fees would have been added at the end I would assume. The lawyer took her time as she did with every thing else. They finally contacted me about a settlement. I politely declined and countered. Now, Looking back I have to say that it was likely very possible to walk away unscathed from this however I wanted it finished. They re-countered my offer and again i declined sticking with my original offer. 24 hours later confirmation email stating they had accepted my offer. The original debt would have been null to them and they would have likely payed more at the end of this than the actual starting debt had it went that far. So i doubt they made much if anything after the initial court filing and then following into arbitration. I can easily say this is a win for me. Some might feel otherwise but its what i felt best about. I could list many names here at the end but i'm sure i would forget someone. With that being said I want to thank each and every great soul that helped me along this journey. We had two cases and the first was dismissed without prejudice before entering arbitration and then this one. Absolutely could not have done this with out you great guys and gals. Lets go Brandon!
    7 points
  3. You cannot evade service until the SOL has ran because once the case is started, the SOL is tolled for the entirety of the case. If you try to evade service, the plaintiff can petition the court for alternate service (such as post and mail and/or printing in a local newspaper) and if granted, would be possibly that you did not know you were properly served. ALWAYS ACCEPT SERVICE IN A COURT CASE. There are better ways to fight instead of evading service.
    4 points
  4. This is patently wrong. Once a suit has been filed the SOL is tolled until it goes to trial or is dismissed. Delaying service will NOT cause the SOL to pass. NO ONE should try this.
    4 points
  5. Again what you posted is straight up WRONG. Judgments can and do get reported. What changed is now 2 or more verifiable identifying factors such as SSN, address and DOB are required before reporting. They very much are factored in to credit scores. I have NO idea where you get your information but you really need to stop. Not only are you resurrecting really old threads but your "advice" is down right detrimental.
    2 points
  6. This tends to be automatic, as there are IRS rules that they need to follow. The way I got around it was that lawyer put language in the settlement that said we settled for the sake of convenience and did not admit to any debt. I had to go back and forth with IRS, but they eventually squelched the 1099.
    2 points
  7. Just giving an update, we ultimately decided on a settlement which was significantly less than what they claimed I owed. I’m wondering if they’re just refunded arbitration costs since we settled at much less than even the original fee to start the arbitration.
    2 points
  8. THIS. Once they sued all communications must go through their attorney.
    1 point
  9. If this is in Magistrate Court you cannot file motions in advance. Not allowed anywhere in GA in Magistrate Court. You have ZERO chance of a motion to dismiss being granted unless there is identity theft, deceased defendant, wrong state/court, or some other legal reason. Counter sue for what? You cannot just throw anything at the case and hope it sticks. The more frivolous claims you make the weaker your case gets. Magistrate Court does not require they provide any evidence when the case is filed. It also does not allow discovery. Magistrate Court is trial by ambush. The good news is Gwinnett is one of the 3 biggest counties and the court is staffed by actual Judges not the good ole boy fishing/golf buddies network. While they will require solid evidence chances are good the law firm has what they need. GA relaxed their business records laws about a decade ago and now the records along with an affidavit and they are in. You need to watch for a letter giving you the opportunity to come to their office and examine any documents they intend to use. If you do not avail yourself of this opportunity you forfeit your right to challenge their evidence as hearsay at the trial under GA business records laws. Don't bank on that. PRA has recently followed several cases all the way to the end. While arbitration still remains a good option it is not the silver bullet it used to be. Google the address. If it is for the law firm then that address may be on the exhibit because it auto-populated for mailing to the firm when requested from the OC. You need to have 3 motions for arbitration ready for the day of the hearing. Once you are served you will be notified of the trial date which will be within 30 days most likely from the time you answer. Your biggest arbitration hurdle is that this law firm has seen this tactic before and will be ready for it and has successfully fought it. You need to be ready with your counter arguments as to why the court should grant the MTC. Gwinnett Judges have granted them. You could get lucky and the lawyer simply agrees with you in the hallway consult and tells the Judge they will arbitrate. If that happens DO NOT split hairs on who should file. YOU initiate the case and then wait patiently for them to eventually offer a mutual walkaway when the costs escalate. You do not want to sit around not filing and then have them argue you weren't serious and have the Judge agree and hear the trial.
    1 point
  10. 1 point
  11. My experience with Midland, and that of others, is that they don't negotiate. There will be a number for a cash settlement, and an offer of a payment plan at 100% with stipulated judgment. @Clydesmomis correct, though, about their inability to garish. Definitely remind them of that, in case that figures in their calculus.
    1 point
  12. Thanks Clydesmom. I appreciate your words. Guess I’ll try calling back and see if they wanna play ball.
    1 point
  13. Yes. You can and should if that is what you feel is best for you. DO NOT stress about this. No one can predict that. You send ANY settlement offer with the amount that you would like to pay. You can negotiate from there if they decline. It can and often does go back and forth until a number is reached that both sides can agree to. You have a great one: South Carolina does not allow wage garnishment. While they cannot get your paycheck(s) before you receive them they could potentially garnish a bank account. The good news is there are ways to live "unbanked" so they can't do that until you can settle the judgment if they were to get one. It very much is. To @Phillio9 if you want to settle because that is what works for you then you make that your goal. You can settle ANY time prior to the judge banging the gavel and issuing a verdict. The only way to get a settlement is to offer one. Negotiate if you have to.
    1 point
  14. What you are assuming is that creditors only use the 3 well known bureaus. There are dozens of credit reporting services and many ways for them to find out about a judgment. Your assumption because EX, EQ or TU don't list a judgment means it isn't affecting a consumer is dead wrong. I stand by my statements. Your advice is REALLY BAD and you lack experience to be handing out the "information" you believe is helping. You can't even read what date the thread is from and are resurrecting really old posts.
    1 point
  15. That advice used to work in prehistoric times, but no longer. Midland has the goods and, if you look at court records, their biggest problem is often linking up the debtor's account with a live person at an actual address. When the OP sent a DV request, it provided that link and was an invitation to sue. It's been a while since I've been here, but Midland's settlement terms are usually 100% of debt on a payment plan with a stipulated judgment (so they don't have to start from scratch in case of default) or some small amount off in exchange for a lump sum payment.
    1 point
  16. Settling is about leverage. The side that has the most gains the advantage. If Midland believes you can pay and the SOL is still alive where they can get a judgment in court then the leverage shifts to them. Someone on disability, unemployed, on SSI becomes virtually impossible to collect from even with a judgment the leverage shifts to the consumer. Creditors hear sob stories by the thousands daily on why someone hasn't paid. After being played too many times by consumers crying hardship when there was none they started demanding proof of financial instability or insolvency before agreeing to really small settlements. This is a good idea but I would take it one step further. Settlement discussions are not admissible in court. I would enclose two copies of a settlement agreement with ALL your terms listed. I would sign both copies and in the letter state that you dispute the account that they contacted you about but in the interest of time and money you are offering $X to settle the account in full. The terms: In exchange for payment within 21 business days of receiving the signed settlement agreement back you will pay by money order or cashier's check. They agree this is settlement in FULL, any remaining amount is disputed, not to sell the disputed balance, and to remove the trade line from all bureaus within 30 days. Simply return a copy of the agreement signed by an AUTHORIZED representative and within 21 days you will make the payment as agreed. They keep one copy for their records. More settlements get accepted this way than back and forth sometimes.
    1 point
  17. Time for me to bring out my lesson on “policy”. Pretty much every company has its “policies”. They act like they are written in stone, but can be changed by someone powerful. Often they make sense. Sometimes not. My employer lost tons of people due to its COVID policies. But now they have different policies which I may be able to deal with. Midland, possibly due to a law suit or government pressure, has a policy on debt forgiveness for people down on their luck, especially for medical reasons. That has been great for some people. However, from what I have seen in the postings, it appears they may not be negotiating debt outside those parameters. If that really is their current policy, there is nothing the law firm can do. They have been given certain instructions they MUST follow. They have no choice. There are two possibilities: 1. The OP mentioned financial hardship, which brings in the hardship policy. The law firm MUST follow Midland’s policy. 2. Midland may or may not have a separate policy for debt negotiations for non-hardship cases. The only way to find out is to call the law firm again, offer a settlement without mentioning hardship, and see what happens. Unless the OP really is destitute. In that case, fill out the forms and see what happens
    1 point
  18. That is good information to have. In my case, I was under water the entire time. I did get notices from the IRS requesting me to pay, so I typed up and signed statements with my assets and liabilities at the time of settlement, showing a negative net worth. The IRS accepted that.
    1 point
  19. Rule 1.090 - TIME (d) For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing. I don't think the above rule needs to be cited. It doesn't add anything. I did a quick search don't know which circuit court you are in but some I looked at required following. All orders or final judgments shall include a certificate of service at the bottom of the order. Please indicate the name of the party who is to receive the order, as well as that party’s e-mail/e-service address OR mailing address, if a hard copy is required. It's important you check online for your particular court how to file your motion the court vary in their rules. Some courts when you are doing it in paper require x number of copies in envelopes (assume with postage) and the clerk will send it out to parties with notice of hearing) Others have you getting hearing date and sending out the motion and hearing date to plaintiff.
    1 point
  20. @BV80 @Clydesmom Little late responding here but thank you for correcting my assumptions regarding § 811 above.@Macslick sorry if I caused any confusion, even if only briefly. Want to say I think I've been corrected on this before but, if so, it's been a few years and forgot. Need to stay in my lane (CA), lol.
    1 point
  21. I would include it. Just a note: For #7 of your MTD, I would include the date JAMS closed the case and also clarify that Section 6(c) is a JAMS rule. For instance, After Exhausting Contact, JAMS Enforced Section 6(c) of its Rules and Closed The Case on ___________ (date). Section 6(c): If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings.
    1 point
  22. Either exhibits A, B, C … or 1, 2, 3, … Attorneys offices usually have some sort of stickers they put on them to mark the exhibits. I would sometimes just write the letters by hand on the top of the page.
    1 point
  23. I would add exhibits proving your statements listed. here is law Fl. law on motions. my guess you know what to do as you filed MTC. Fla. R. Civ. P. 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court. Notice of hearing on the motion shall be served as required under rule 1.090(d)... As amended through August 26, 2021 Rule 1.090 - TIME (d)For Motions. A copy of any written motion which may not be heard ex parte and a copy of the notice of the hearing thereof shall be served a reasonable time before the time specified for the hearing.
    1 point
  24. You need to read Sec. 1925.02: https://codes.ohio.gov/ohio-revised-code/section-1925.02 Specifically, (2)(a) A small claims division does not have jurisdiction in any of the following: (i) Libel, slander, replevin, malicious prosecution, and abuse of process actions; (ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney; Emphasis added. A JDB is an assignee.
    1 point
  25. JDBs can't use small claims court in Ohio. So arbitration is your best bet.
    1 point
  26. This might be of interest. This is a quote from @RyanEX who is from California. " I initially downloaded judgment forms from the state, which I filed at the court house. First few attempts were rejected, I don't remember why but I remember the clerks were mostly unhelpful (they didn't understand a pro se attempting to obtain a costs a from a JDB after a dismissal); I had to walk them through the civil code that described it. Eventually one of them suggested I look up "Judgment of Dismissal"; I found an example online and typed it up on pleading paper. Per advice from someone on the board, I addressed it directly to the judge (so as to bypass his clerk) for his signature and included a self addressed stamped envelope. I got it back a few weeks later, forwarded a copy to JDB and got my check". "I could have waited on pursuing a judgment & simply asked the JDB to send me payment for my costs, but i guess I just felt like getting the judgment. I occasionally look up my name in the system and review the case and it still brings a smile to my face to see the line with the entry of judgment. Totally worth the effort for me". https://drive.google.com/file/d/0BySXxIwHA4lVclpKU1czWFpnQms/view?usp=sharing&resourcekey=0-UYqONg6-k65z_0jWRYmgYA
    1 point
  27. Most importantly! Congratulations!
    1 point
  28. California law states that the “prevailing party” in a lawsuit is entitled to recover its costs from the other party. California Code of Civil Procedure §1032(a)(4) provides a variety of classifications which define the prevailing party for purposes of recovering costs in litigation. http://www.hidalgolawfirm.com/losingparty.htm Losing party pays prevailing party's costs in California You will need to file a memorandum of costs: https://www.courts.ca.gov/documents/mc012.pdf I think this will get you started. One of the California guys responded to my post on Cost Bills after receiving a check in the mail. Hopefully he will chime in.
    1 point
  29. UPDATE: They dismissed w/o prejudice today - 2 days before court! Thank you ALL for your help! I truly appreciate it!
    1 point
  30. Maybe if you call clerk let them time for PRA to response is has passed and you would like to have the motion granted for failure to respond. They maybe able to walk it over to judge to sign, ask what you have to do as PRA is way passed the time limit to respond.
    1 point
  31. FYI thought I post here also just to let everyone know that they accepted my offer and MTC arbitration puts you in better situation to find settlement if that's even all you are looking for. Thank you @fisthardcheese
    1 point
  32. Thanks everyone, especially for all the help! I've got everything ready to send out today and will be getting this taken care of. I couldn't have made it this far without everyone on this forum, and especially LaneBlane and BrothersKeeper for help with my brief.
    1 point
  33. I would not touch that garbage with a 10 foot pole. Most of it is RIDDLED with errors and all it does is tell Midland and their lawyers you can cut and paste nonsense you found on the internet. Use it at your own peril. **Edited to ask: why are you filing another answer? Didn't you do that orally at the pre-trial? If so, then it is way way too late for that now. You should have filed an opposition to their MSJ already.
    1 point
  34. Sorry the format got really jumbled when I copied & pasted from ms word but you get the context of what needs to be stated in that response. Now I will show you how I complied with the request for interrogatories & admissions. Remember, if you don't respond within 30 days (or as your states laws requires), all allegations the plaintiff makes are accepted as FACT without ANY PROOF. You MUST comply & respond. The questions they ask are along the lines of, "A contractual agreement between Plaintiff and Defendant existed where Plaintiff loaned xx amount of money to Defendant & defendant defaulted"....obviously that is something you don't want to allow to be accepted as factual without any proof so you MUST COMPLY! Here is my response: IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS ASSOCIATE JUDGE DIVISION STATE OF MISSOURI MIDLAND FUNDING LLC, ASSIGNEE OF ) xxxXXXXXXX ) ) ) Case No: 1111111111 Plaintiff, ) Division: 11 ) Vs ) ) RESPONSE TO PLAINTIFF’S FIRST SET OF ) REQUEST FOR ADMISSIONS AND ) INTERROGATORIES JANE DOE ) ) Defendant. ) Defendant, appearing pro se, for its Response to Plaintiff’s First Set of Request for Admissions and Interrogatories states as follows: All Answers correspond to the numbered paragraphs of the Complaint. All allegations of the Complaint are denied unless expressly admitted herein. REQUEST ONE DENIED - INTERROGATORY ONE: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. REQUEST TWO ADMITTED: REQUEST THREE DENIED - INTERROGATORY THREE: Defendant is at this time without knowledge or information sufficient to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. REQUEST FOUR DENIED - INTERROGATORY FOUR: This request calls for admission of matter defendant has denied and thus it is improper. REQUEST FIVE DENIED - INTERROGATORY FIVE: This request calls for admission of matter defendant has denied and thus it is improper. REQUEST SIX DENIED - INTERROGATORY SIX: This request calls for admission of matter defendant has denied and thus it is improper. REQUEST SEVEN DENIED - INTERROGATORY SEVEN: This request calls for admission of matter defendant has denied and thus it is improper. REQUEST EIGHT DENIED - INTERROGATORY EIGHT: This request calls for admission of matter defendant has denied and thus it is improper . REQUEST NINE DENIED - INTERROGATORY NINE: This request calls for admission of matter defendant has denied and thus it is improper. REQUEST TEN DENIED - INTERROGATORY TEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. REQUEST ELEVEN DENIED - INTERROGATORY ELEVEN: Defendant at this time does not have sufficient knowledge or information to form a belief as to the truth of the allegation contained therein, and leaves the Plaintiff to provide proof. Defendant demands strict proof thereof. Jane J. Doe By: _______________________________ Jane J. Doe, Defendant 9999 Pine Street City, St. 99999 999-999-99999 CERTIFICATE OF SERVICE The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: LAW OFFICES address to law office etc…. 100 ST. LOUIS, MISSOURI 63132, on 1/1/00. __________________________________
    1 point
  35. IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS ASSOCIATE JUDGE DIVISION STATE OF MISSOURI MIDLAND FUNDING LLC, ASSIGNEE OF ) XXXXXX ) ) ) Case No: XXXXXXXX Plaintiff, ) Division: 11 ) Vs ) ) RESPONSE TO PLAINTIFF’S REQUEST FOR ) PRODUCTION OF DOCUMENTS JANE DO ) ) Defendant. ) Responding Party: Defendant Jane Doe Demanding Party: Plaintiff MIDLAND FUNDING LLC Responding party, Jane J. Doe, the Defendant in the above cause, makes the following response to Plaintiff's First Request For Production of Documents on 1/1/00. Defendant responds to the requests in the order in which they appear in Plaintiff's Request for the Production of Documents. 1) Defendant is unaware of any such documents and therefore cannot produce said documents. 2) Defendant is unaware of any such documents and therefore cannot produce said documents. 3) Defendant is unaware of any such documents and therefore cannot produce said documents. 4) Defendant is unaware of any such documents and therefore cannot produce said documents. 5) Defendant is unaware of any such documents and therefore cannot produce said documents. 6) Defendant is unaware of any such documents and therefore cannot produce said documents. 7) Defendant is unaware of any such documents and therefore cannot produce said documents. 8) Defendant is unaware of any such documents and therefore cannot produce said documents. 9) Defendant is unaware of any such documents and therefore cannot produce said documents. 10) Defendant will produce the requested documents, copies of which accompany this response. Jane J. Doe By: _______________________________ Jane J. Doe, Defendant 9999 Pine street Your City, St. 88888 999-999-9999 CERTIFICATE OF SERVICE The undersigned certifies that the above documents were served on all parties in the above cause by depositing an original and one copy in the U.S. Mail, postage prepaid, in an envelope addressed to: xxxxxxx, on 1/1/00. __________________________________ More in the next post....
    1 point
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