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  1. UPDATE: THE CASE IS BEING DISMISSED WITH PREJUDICE!!!!!!!!!🎉🎉
    4 points
  2. That is going to be small claims here in Clark County. You can settle ANY time prior to a verdict. There is a very small chance that the law firm doesn't bother to read the card agreement and the MTC works. If the motion is denied you can still make a settlement offer prior to trial. You just need to be (and now are) aware of the added complication those here is Las Vegas face with this creditor as compared to someone from Podunk Iowa who isn't living in the same county as their headquarters. As long as you are prepared to eloquently argue why your motion should be granted give i
    3 points
  3. You're absolutely fine. Filing on time is the important part. Serving your answer same day by regular mail is perfectly fine, overnight def not necessary. In fact you could have skipped the certified mail, no need for that expense when serving your answer, but cert mail is recommended for just about everything else from this point.
    2 points
  4. I don’t think there’s a possible FDCPA violation due to the following statement in the agreement and the rules of the arbitration forums. ”However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.” AAA Consumer Rules ”(a) The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case.” JAMS Rules
    2 points
  5. The courts here in Vegas are still in a bit of chaos from the scamdemic nonsense. The 2 suits are separate cases even though they were filed by the same Plaintiff and law firm. There is no requirement they serve you with both at the same time. They have to prove ownership at trial not when they file. Few states require the evidence be attached to the complaint when it is filed and Nevada definitely is not one of them. Credit One has a carve out for debt cases in small claims court. Where is the case filed? Arbitration may not be an option and given that Credit One is headq
    2 points
  6. 1 point
  7. I don't know the RCP for your court, but in MOST courts you are OK if: 1. You filed the answer with the court on time, and 2. You mailed the answer to the plaintiff properly. In some situations the plaintiff may try to get a default judgment, but usually they won't. If that happens, point out you answered on time and mailed the answer to the plaintiff.
    1 point
  8. If anything, this makes it absolutely MORE imperative you find an attorney ASAP. 1. If you ignore this, you will have a default judgment against you, which is harder to fight. 2. Since they have filed suit and delivered a summons, there is a very clear FDCPA violation. SAVE THE SUMMONS!!!! That will be evidence in your claims against THEM.
    1 point
  9. They do not have to provide you with proof of anything unless they sue you in court. The copy of the statement they already sent you complies with FDCPA and validation. That is it. All it is required to have is your name, the date of service, the name of the provider and amount owed. Your financial guarantee with the hospital you were transferred FROM is the contract. You need a copy of that. Did you submit the charge to your insurance carrier? The transfer by qualified medical personnel is not covered by the city. If your insurance doesn't cover it then you have to p
    1 point
  10. I should add — I won a case in Wisconsin after the judge threw out the Cap 1 affidavit in support of their accounting because state law said the affiant had to have first-hand knowledge of the account and the accounting methods. The affiant was a “legal support specialist”. The judge in my case ruled, correctly, that there was no evidence a “legal support specialist” had the proper knowledge of the account. I filed an objection to the affidavit and the accompanying evidence and the judge agreed. I am now a VP in banking IT. I know all about the issues of different account data b
    1 point
  11. Congrats!!! I have a debt with PRA synchrony OC I know what to do if they sue me.
    1 point
  12. T One way is to file a claim based on false information as a violation of the FDCPA. That is dangerous, because it could be considered a frivolous claim, or it may not. ( I have no claim for violation of the FDCPA) The other way is for an MTC with a court order for arbitration. In that case, you are simply moving their case against you into arbitration. (that's what I done, the JDB said they will agree to go to arbitration) This attorney Is in house an employee of JDB so he is his own client You need to have the RCP (Rules of Civil Procedure)for your jurisdiction dow
    1 point
  13. Thank you for the site recommendation, predicted outcome and attention. Much appreciated!
    1 point
  14. I did read all of your last post but rather than cutting and pasting to each issue I am going to summarize. Get a Consumer Attorney NOW. They have violated the FDCPA and a good consumer attorney should take your case on contingency (at no cost to you) because what they did was attempt sewer service in order to get a default judgment. Follow the link in this post and find a good consumer attorney in the state where this suit is filed or where you currently reside. Either way Midland will end up paying you on this one.
    1 point
  15. Double check Colorado's rules of civil procedure. It may be a "pocket docket" state which means the suit is not considered officially filed until you answer. If you are collection proof due to being on SSDI and that will not change I would not worry about a MTC. Simply file a general denial and show up to the hearing if they follow through this time. The reality is even if they get a judgment they cannot levy your bank account as long as you don't keep more than 2 months of SSDI benefits in the account or co-mingle it with non-exempt funds. Depends on what the rules of your cou
    1 point
  16. Oh I believe her!!! I've lived her long enough to know that's she's calling it exactly as it is here! I was hoping someone from here or someone who knows how should I approach this better than I do would chime in! LOL!
    1 point
  17. There are a few states for which @Clydesmom knows the lay of the land for the courts. Nevada, esp. Clark County, is one of those places. I know her advice isn't very encouraging, but she is just calling it as she sees it, and she has seen it. Settlement is probably your best option. The earlier you settle, the better. For example, you might possibly do better settling before you are served for your second case, to save them the trouble.
    1 point
  18. And it also has a carve out for debt cases in small claims. The major problem is that all debt cases in Clark County are heard in a specific small claims court for these types of debts. The second major problem is that the courts here are unbelievably creditor friendly and the judges are all elected good ole boy/girl network cronies who will NOT go against the large companies that contribute heavily to their campaigns. The third major problem is Las Vegas is the headquarters for Credit One. LVNV will have no trouble winning this case and getting a MTC denied.
    1 point
  19. They are not required to “prove” ownership at this stage, therefore, a motion to dismiss would not be successful. Proof of ownership would be required either with their motion for summary judgment (if they filed that motion) or at trial.
    1 point
  20. I may be wrong, since I never had a Credit One account, but I thought they had a small claims exemption. The best way is to look at the actual arbitration agreement and see what it says.
    1 point
  21. Today, was the trial. It was a very stressful experience trying to defend my case on my own for the first time, especially over Zoom (due to COVID). I did file the Motions in Limine to exclude Plaintiff's evidence beforehand, but the court said that Motions in Limine was only for jury trials, so I was very disappointed. Through the testimony of Plaintiff's custodian of records testifying to receiving them from Plaintiff's assignor, they entered into evidence the monthly statements, charge-off statements, and statements showing the dates of last payment. I've raised objection as hearsa
    1 point
  22. Nice counter at $400 when they offered $500 and Congrats on the win. Now realize that you need to continue the case path until you have the agreement in writing. You should start to prepare the MTC but don't send it until a reasonable amount of time has passed to receive the settlement paperwork.
    1 point
  23. I have an upcoming trial in small claims as a defendant, I have beat this law firm 3 times already. I am counter suing for violation of FDCPA 809b. My last trial I counter sued because this law firm will send the dunning letter, (which I promptly reply with a validation letter) and continue to send collection letters WITHOUT sending the verification. Finally they will send verification right before they file the suit, the last case they filed suit and then sent verification. Long story short, the judge doesn't seem to understand FDCPA especially 809b that specifically says the collection mu
    1 point
  24. Okay, this is what I have so far for my Answer. I also have my Entry of Appearance completed. As I understand, I will file my Entry of Appearance and Answer with the Court Clerk who will stamp the documents. Then I mail both documents to Plaintiff. I will need to draft my MTC Arbitration (I have not started this-eeeek) and file asap. Question: When I file my MTC I know I need present the credit card terms/agreement with it. Do I print and submit all 15 pages of the CC agreement even if arbitration is listed on 2-3 pages? If I do submit all 15 pages, do I refer to what pages the arbitrati
    1 point
  25. They can file a suit again but she would have a gold plated defense that the SOL is expired and they are time barred from pursuing it. All they can do now is report it to the bitter end and send letters stating "pretty please pay us." If it is reporting correctly then probably not. Did the court just dismiss the case or did they rule she didn't owe it. If it is the latter she could use that to get it removed.
    1 point
  26. 15. Have you been disciplined in the workplace for deficiencies related to carrying out the duties of your job signing affidavits or charged, or convicted of perjury? What training is provided to you in order to be a designated affiant? 16. Is you work governed by internal rules or procedures? Please explain in detail the rules/procedures required to carry out your duties as a signor of affidavits. 17. Please identify the percentage of your time in a normal work week that you are signing affidavits. Please explain the training you received to carry out the duties of your job and provide the jo
    1 point