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Showing content with the highest reputation since 04/07/2021 in Posts

  1. I followed advice in the forum and got my case dismissed 1 day before trial- Thank you to everyone who contributes and shares how they won, I followed the advice and the JDB dismissed the day before the trial, after recieving my trial brief, proof of non service and my objection to the Plaintiffs declaration - Thank you all @ASTMedic, @RyanEX
    4 points
  2. What just happened?!? I went into court and of course the lawyer pulled me aside and tried to set me up on a payment plan. I declined. He explained how expensive arbitration was and I told him that I understood. We went before the judge and he stood up and told the judge that I demanded arbitration, that there was a valid clause, and thats what we would do if I agreed! He asked for the case to be dismissed! I literally only said one word to the judge! I am in awe right now. I was not expecting it to be so easy! What do I do now? File with jams or aaa? Wait for the court to send me so
    2 points
  3. I just want to say thank you to everyone who contributes to these boards but especially to fisthardcheese for his amazing post Arbitration Overview and Strategy (2018 - Most Up To Date Info) and all the advice that he provides on these boards. Thanks to him I was able to win my first case and obtain a dismissal with prejudice, I would not have been able to do that without all the priceless advice that he has provided. I'm on to the 2nd case one now, hoping for the same results.
    2 points
  4. @Katgotsteve Very good advice: read and re-read all your documents. As you do your research and gain knowledge, you see them in a different light. The attorney and his firm did not read their own documents. Perhaps he thought his sloppiness wouldn't matter. Perhaps it usually doesn't matter for him or other judges he draws. He underestimated you. Your judge was not persuaded by his last minute efforts. Your judge did find your arguments persuasive. Well done and congratulations! And thank you very much for posting your experience and advice here.
    2 points
  5. Arbitration Overview Arbitration is a clause that is found in most Credit Card Agreements. Your Card Agreement will state that you may use either AAA or JAMS as the arbitration firm. The Card Agreement may also state something about who pays for arbitration. It may say that "they" (the OC or JDB) will pay all of your filing fees. This means arbitration will cost you a grand total of $0, while the creditor will be billed a minimum of $5,000 to complete an arbitration (and many times that price can climb much higher). However, even if your arbitration clause is silent on costs, the rul
    1 point
  6. You are trying to do a few weeks' worth of stuff in one day. You can't do that. Just prepare for your MTC hearing. You should win that. Other possibilites are the MTC is rejected, or a decision will be made later. If you get the MTC, then file in arbitration right away, but wait a little while to pay. Make sure you send copies of everything to the opposing attorney. If your MTC is rejected, move for a stay to file an interlocary (sp) appeal. If that is not given, move for a stay to prepare your defense. If either stay is granted, file your appeal. If worst comes to
    1 point
  7. Yes, it does, Thank you! I just added the Meza v. Portfolio Recovery (as per CCp 98 thread ) case as first cited law then target and Rocha as second.
    1 point
  8. Hi All. I've lurked for awhile (learned a lot), and now I'd like to share my journey. It is ongoing but hopefully other reads can learn something...and perhaps I can get some feedback when I hit rough patches Basically I had 15 accounts with 11 creditors, totaling 275k. Due to a failed business, major family health issues, and other personal problems the debt piled up over a handful of years. I was literally depleting all my savings paying monthly payments and it got to the point where it was obvious the well was going to run dry. I didn't want to file bankruptcy (I still do
    1 point
  9. @StartingOver123 https://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=sup&set=CR CR 5 SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS (2) Service by Mail. (A) How made. If service is made by mail, the papers shall be deposited in the post office addressed to the person on whom they are being served, with the postage prepaid. The service shall be deemed complete upon the third day following the day upon which they are placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which event service shall be de
    1 point
  10. Yeah, I remember back in the old days when I had active cases, I often had those certificates notarized. In some other cases I had a notary from my work sign a statement that she mailed the stuff for me. The mail drop box was at her desk so I handed the stuff to her, and she dropped it in the box. Most banks have notaries, and they are often free. There were some cases in which I used a notary from a branch of the same bank that was suing me. I somehow found that amusing.
    1 point
  11. These are matters often discussed in a debtor’s examination after a judgment. If you refuse to answer the questions, or answer dishonestly, you could be liable for civil or, if perjury was committed, even criminal penalties. In some places people have been jailed for failure to comply with a court order. That being said, the idea is not to reveal the information until you absolutely have to. And if you never have to, don’t reveal it at all. Also, you must tell the truth as of the time you answer the question. Some may advise a debtor to change banks after a d
    1 point
  12. same here! I wish I can find a more recent Journey out there.πŸ™‚
    1 point
  13. The interlocurary appeal is standard in MOST situations. My state is a bit different. For example, in my state, Wisconsin, a small claims case can be automatically appealed to the higher circuit court and the case is heard de novo. The circuit court in my county is probably the most consumer friendly court in the state. The state's best consumer attorney is also in my county. He doesn't have much faith in the small claims courts. What he normally advises his clients is they will often have a bad magistrate in small claims, but to appeal whatever verdict they get in smal
    1 point
  14. @Katgotsteve Congratulations! Thank you so much for sharing your experience with us. It not only lifts our spirits but also provides hope, inspiration, and guidance to other readers. πŸ‘πŸ‘πŸ‘
    1 point
  15. Thank You, Thank You, Thank You!πŸ˜€ This strategy completed worked for me. You saved me $3000! I appreciate all your work.
    1 point
  16. Just updated settlements so far. I have three Cap One cards remaining; one I've posted about elsewhere that I may fight if sued. I've tried to settle it but they will not budge below 75% and I don't have it right now. Another one is a very low balance and the other one I also think I have a TCPA counter suit and an attorney that reviewed it agrees. I will never give Cap One my business again because even though I defaulted, their customer service over all even before then was severely lacking. The balances on these are $4500, $350, and $2000 respectively. Also remaining are seven Synchro
    1 point
  17. I beat Jefferson Capital in Arizona with a motion to compel arbitration. They gave up.
    1 point
  18. 1 point
  19. @DebtSettlementJourney Thank you for these updates. It's really helpful for others to know how you're doing this and what amounts various creditors are willing to accept in settlement. Congratulations on working your way out, step by step, of a $275K debt!
    1 point
  20. I officially settled with Velocity (original Upgrade). Some background here: this was a fairly large account (>40k) that started as a loan with Upgrade. Upgrade sold it to Velocity post charge off who assigned it to CKS. Given the large size it is worth their while to go to arbitration so I was a little worried here. Plus Velocity has a reputation for suing, so I wanted to settle this one CKS was the agency assigned and they were pretty firm at 40%. I offered 30-32.5% and CKS would always come back at 40%. In fact they would play some games (at least how I perceived it) where I
    1 point
  21. I don't have any advice to offer, but really appreciate the fact you bothered to keep track of all of this and share it with us. One of the questions we get most often is "how much will Creditor ABC accept in settlement?" Now we have a pretty detailed list for several of the biggies and some of the smaller ones as well. I'd like to pin this topic, if you don't mind. Let me know.
    1 point
  22. My Velocity/CKS plan is probably wait until the end of the month, give them a ring and reoffer the 32.5%. Since this is a Upgrade/Webbank loan I think there is an arbitration clause (I'm an idiot and do not have my original docs...once it got sold I lost access to my Upgrade account)... So as a last ditch effort I may 'threaten' arbitration and bump my offer up to 35%. And if they do not accept that then I'll see what their next move is and see if they are bluffing. If they aren't then that is why I have the legal protection (and potentially arbitration) in place. This is a larger b
    1 point