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Showing content with the highest reputation since 10/15/2019 in all areas

  1. 3 points
    Midland's attorneys got a letter from JAMS requesting a $1,250 fee. Amazing how quickly Midland came back with a stipulation of discontinuance with prejudice and a full release of the claim lol.
  2. 2 points
    At 66%, they're still doubling their investment. It's not a 'great deal', frankly. Also, you got sued 4 months ago. I wouldn't classify that as "right away". This wasn't a default judgment for them so they're happy to double what the debt has cost them to this point and move on to cash in on their 95% default rate.
  3. 2 points
    Good afternoon. I do not believe the defendant has to set a motion hearing; the court will take care of that
  4. 1 point
    A quick update in between travel this week to update this thread. Attaching the final version of the Reply Brief which I used in my case against PRA. This Reply Brief was in response to PRA asking the Court to deny my MTCA (their response is above). Recap on this case, PRA claimed MTCA should not be accepted based on the following argument: 1. I hadn't filed an arbitration request directly with AAA yet and instead chose the litigation route by choosing to file an Answer and Motion in court. PRA attorney was adamant that arbitration had to be filed as soon as I received the Complaint. Attorney chose to ignore the arb agreement language which clearly stated the opposite. The Reply Brief responds to this claim by the PRA attorney. Thank you to @Brotherskeeperfor all the time, thoughts and support on this case as it led to a very favorable outcome I will update this thread later this week with all the details for those that find themselves facing the same argument by the JDB. reply brief final no name.docx
  5. 1 point
    After I appealed the Commissioner’s ruling and was granted a trial de novo in Circuit Court, the Plaintiff filed a Brief in Opposition to my MTC. I was surprised that the document was so sloppy and poorly reasoned. I responded with my Brief in Opp to Plaintiff’s, countering each argument. I used many things I learned in this Forum but also added as much state case law as I could find. At the hearing, the Judge questioned us. He then granted my MTC, stating that my rationale was well founded and that Plaintiff has offered nothing to refute that.
  6. 1 point
    I would think that the court case information for San Diego County CA would be online so I would look on the California Superior Court website for any case information related to you name. That might be able to tell you what this is about without talking to the law firm (and if there is no case information, I would continue to lay low).
  7. 1 point
    Maybe you could say, next time he calls, that you will be glad to meet him at the police station. Or use an air horn on him.
  8. 1 point
  9. 1 point
    @WonderingInWI I don't know if this would work or not. You might research judicial notice rules and how to formally request it. https://docs.legis.wisconsin.gov/statutes/statutes/902.pdf You may be able to request the magistrate take judicial notice of the fact that arbitration has been granted in your court, without him using the ruling as the fact. See if you can request a certified copy of the judge's decision in your appealed case from your court. While the court may not technically be able to take notice of the ruling itself under these rules, once the magistrate reads it, it's hard to unring the bell. He'll see that he was overruled without you having to say so in open court. Just my thoughts to explore the possibility. (IANAL)
  10. 1 point
    When there is a predetermined remedy or sanction for the failure to comply with a court order to arbitrate, it is usually limited to dismissal of the action or the dissolution of any stay. Which one of these is prescribed is often dependent on which party moved to compel and on which party the court placed the burden to initiate. This is far more common in federal court. It is much less common in state courts, although it did happen in Bentrud. A predetermined remedy is what helped sink Bentrud's ship; Bentrud filed with AAA, AAA initially declined to take the arbitration. The thirty days elapsed and the stay dissolved and then Capital One filed another summary judgment motion. Eventually the court extended the time for Bentrud to initiate. Bentrud probably would have been much better off without any predetermined remedy. Even though it was hardly his fault that Capital One was not in compliance with the AAA. Starting next year, courts in California will have more power to enforce remedies and sanctions.
  11. 1 point
    It's totally standard. The actual verbiage provides standard coverage in case of a clerical error, but in no way asserts that the records are flawed and inaccurate.
  12. 1 point
    Hey BK Tgought I'd fill you in Went to pretrial conference and plaintiffs counsel was willing to accept 1/3 of suit. I claimed interest was not calculated properly and I still have no evidence that they are the legitimate owner of account. Another pretrial conference is scheduled. Counsel had original loan documents from original lender and stated that they could just amend lawsuit and pursue litigation based on that document and scratch the BOA documents. Also interesting is when I stated they purchased account "as is" "with all faults and no guarantees of accuracy" He said "BOA does this on all bill of sales and it's completely normal" I stated "well that's bad news for your client" @Brotherskeeper
  13. 1 point
    Depends on the commissioner's personality, among other things. If you think he is the type of guy who really wants to learn the law, and would appreciate knowing how the judge ruled in the earlier case, then it could work. If you think he would just get p*ssed off and rule against you, maybe it isn't wise. OTOH, this may be the equivalent of a Hail Mary pass in football. The play rarely works, but when you don't try you lose anyway. If the magistrate seems not to know what you are talking about, take some time to explain the situation, and you can mention the last time you were in the situation the circuit court judge granted your motion. If it p*sses him off, you were going to lose anyway. I would see how things develop during the hearing.
  14. 1 point
    Here's an example of a Florida motion for a final default judgment under rule 1.500: http://www.floridaconservator.com/wp-content/uploads/2013/03/08.25.14-Motion-For-Default-Final-Judgment-Against-Defendant-Gregg-Wallick.pdf
  15. 1 point
    Oh, in that case, if this were me I would send them a settlement offer for a mutual release and dismissal with prejudice and set that offer to expire on Nov 20.
  16. 1 point
    You don't ask the court for an injunction. You include it on your JAMS Demand form. Your MTC would be just like your previous one with no mention of any "ordinary claims" nonsense. That is for them to bring up. If they do, your JAMS Demand becomes evidence of the fact you are not precluded by the "ordinary claims" exception in the contract. A counter claim is not part of an answer. It is a separate pleading. If you are going to file a counter claim, this should most likely be in place of an MTC. Doing both is not a good idea. Don't forget to include a prayer for relief at the end. This example does not have that.
  17. 1 point
    @SkyStillSunny See attachment for example. This is EXAMPLE ONLY. EXAMPLE ONLY Georgia FDCPA Counterclaims.doc
  18. 1 point
    I just wanted to repost this so you see that MCR 2.116 (G)(a)(iii) permits you, without leave of the court, to file a reply brief. MikeB35 is under Ohio rules which require a motion for leave to file a reply.
  19. 1 point
    No you can't use JAMS at this point, since AAA has not refused a court ordered arbitration case yet. Yes, I am aware. AAA will take the case when you send the court's order.
  20. 1 point
    yes. I did this a few months ago and won. Good luck!
  21. 1 point
    Thank you for reporting back and congratulations on an outcome that works for you. I understand that with such a high debt, and that AAA letter, that you didn't want to risk the judge messing up and having to go to appeal. EDIT: So you sure there was no Consent Judgement? I can't figure what Cavalry gets out of this, except resetting SOL. Is there any verbiage? Seems like if you didn't pay on this agreement, and they sued, it would have to be for the 4200.
  22. 1 point
    Wait for your MTC to be granted and ask AAA to reopen your file by sending them a copy of the court's order to arbitrate.
  23. 1 point
    @fisthardcheese should chime in, but I believe the approach is to argue that it's not your fault that their actions put them in this situation - the contract offers AAA as a forum for dispute resolution, so they either get back in good standing, or they're out of luck.
  24. 1 point