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Showing content with the highest reputation since 10/29/2019 in all areas

  1. 5 points
    Bench trial held in February 2020. Sued by PRA to collect $8107.11 for a CapOne Cc. Just received the judgement, case dismissed with prejudice. Such an amazing feeling it is to learn the law, apply new complex knowledge and defeat PRA. Absolutely could not have done this without the advise, information and experiences found here. Especially thankful to BV80 for suggesting specific Idaho Supreme Court case law. It was a hard confusing battle...it wasn't until I beat their summary judgment that I began to actually understand what I was doing. Object object object because...in the end the court ruled evidence offered by Portfolio Recovery was inadmissible hearsay and lacked foundation. I think what really sealed the deal was "The billing statements offered in Exhibit 1 lack foundation and are inadmissible under the business records exception". Turns out that even with 902 (11) you cannot upload someone else's business and call them your own. At least in Idaho. Big 'ol hug to Bv80 and Harry Seward for donating your personal time here, answering my questions and pointing me to the right direction. I will certainly Pay it forward. My husband was wrong, big bad attorney's don't always win.
  2. 5 points
    Thought I’d give an update. I followed the advice from @fisthardcheese and PRA attorney emailed me stating they would agree to dismiss with prejudice for Dismissal of the arbitration case. They should send the agreement over today!thanks everyone.
  3. 5 points
    A quick update: Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my credit report ! I checked the court website and saw their dismissal was filed on Feb 27th. I agreed to dismiss my arbitration (which I advised AAA to do). So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy of all of my redacted docs earlier in this thread.
  4. 4 points
    Just to finalize this, I received PRA's Voluntary Dismissal with Prejudice several weeks ago. I can't thank each of you enough for your help and support. I would not have succeeded without the advice and information provided here and would've been screwed had I gone with some of the information on the internet. Again, my sincere thanks to all of you.
  5. 4 points
    Update: Finally received the Magistrate's Order: This matter came before the court for ruling upon Defendant's Motion to Compel Arbitration, and Stay Proceedings. After review of Defendant's motion, the court finds the Motion to Compel Arbitration and Stay Proceedings well-taken and is hereby granted. This matter shall be STAYED for 60 days to allow this parties to initiate Arbitration Proceedings. This case shall be set for a Status Conference by at 9:30 a.m. on February 12, 2020. Looks like I got it! Now to file with JAMS and see what will happen. Not sure why both weren't uploaded at the same time but I'll take it no matter! Brotherskeeper and LaneBlane plus everyone else, thank you so much for helping me get this far. Now to wait and see what happens. Hopefully I can push for walk-away w/ Prejudice
  6. 4 points
    I just want to say Thank you, to all of you who spend your time day after day assisting regular day to day people, with out asking for anything in return. My wife was served early 2014, just when we were starting to recover financially after the financial crisis. With the help of the wonderful people in this website, she fought all the way to trial. she settled at the end, and accepted an offer that she would not have received otherwise. I was then sued in 2015, however my case was dismissed a few months later. Five years later, we now have two kids, and looking at the possibility of purchasing a property in the near future. We would probably still be underwater without the help extended to us during those difficult times. The job i held the previous years game me the time to stick around and help those who are in the same position i once was; however, i am starting a new job and wont be able to sign in as often as i do now, but i just wanted to say one more thank you to all of you anonymous real life heroes. Thank you!
  7. 4 points
    Yep. You asked how to beat Discover in arbitration and I told you that you couldn't, and instead of wasting time fighting a losing battle against Discover in arbitration, use that precious time with your dying father. I know. Total d**k move on my part. Let's compare - shutting down a user on an internet message board that is abusive to other users vs. systematically murdering 6 million people. Yeah, when you put it that way, i see your point.... It doesn't make sense because there aren't any of the nefarious reasons you're trying to create. There are 5 pages of me trying to debate you that everyone here can go read for themselves. As everyone can see, you don't debate. You don't respond to any points other people make, but instead keep repeating your same nonsense and calling me (and others) names. For these reasons, this thread is also locked, and and because you insist on starting new abusive threads, your posting status has been 'upgraded' to moderated status. Congratulations! Membership has it's privileges. Shhh! Don't tell anyone, but I didn't lock your previous thread. I'll let the responsible party identify themselves if they wish, but you probably think I locked it because my post was the last one in that thread. As a moderator, I have the ability to post into locked threads, just like the person that locked your last thread can post into this one. In fact, I have already locked this thread before I started making this post. Neat, huh?
  8. 3 points
    Please read my entire Arbitration thread again. You do NOT want to file in arbitration right now. You are in court right now. You must only focus on that. Rushing things is bad. Be patient. Deal with the court case. Until the judge orders your case to arbitration, then you are NOT in arbitration.
  9. 3 points
    I don't believe this is a true settlement offer regarding the court case, in my opinion. This looks just like a regular collection letter. In fact, it looks to me like a potential FDCPA violation. If it were me (and I do things more aggressively), I would reply to this email and ask simply "how would this affect the court case, because you make no mention of that resolution in this offer". I am sure they will have no idea what you are talking about and perhaps could say something to further a potential FDCPA violation.
  10. 3 points
    A win is a win. Great job. You can now move on in your life. I do have one serious request. When I was in deep doo-doo, a number of people on this site and the former Debtorboards helped me tremendously. I wiped out over $100,000 in unsecured debt. The advice not only helped me financially, but allowed me to sleep at night One of the reasons I come to this site is to help others the way I was helped. Your karmic duty is to now do something, anything, to help someone out it need. It could be giving advice, it can be giving a sandwich to a homeless person, it could be helping someone move, whatever. As the Scouts say, do a good deed.
  11. 3 points
    Georgia Magistrate Court (which works as a small claims court) has a limit of $15k. Okay, eliminate C. You never want to start arbitration before being sued unless you have one of the two card agreements that make small claims court difficult. You don't have that. So you have 2 options. You fight them in court with arbitration which will ultimately cost you $250 or you can hire an attorney. Most of the GA attorneys I know of will charge probably $600 for this case and make it go away. (And if you decide to go that route and you are in one of the counties surrounding Atlanta, I would suggest going with Skaar & Feagle, they have worked several great deals for me previously). If you want to spend more and use an attorney, it basically means a phone call and a payment sent in right away, then sitting back and waiting for the dismissal of the lawsuit. If you decide to use arbitration to save some money it will be a bit of work and you won't have to pay the $250 for likely 2 months after you are served with the lawsuit. Which ever you choose, do NOT contact the collector's attorney. That will never help you and at this stage they will not take less than almost 100% payment to end this.
  12. 3 points
    ***Update Dismissed WITH prejudice!!!!! Thank you so much to everyone that helped me through this!!!! Especially @fisthardcheesefor your time and advice. Now that the case is dismissed, can I have it removed from my credit report?
  13. 3 points
    The short answer to this is a resounding YES.
  14. 3 points
    Bogus. The attorney sent an offer by email. That is a written settlement offer. If you play petty with the order things are signed, then expect them to consider YOU shady and perhaps play petty back. Just send your half of the agreement. There still a court order in place to arbitrate. If they don't fulfill their half of the agreement, you take it to the judge and they get in trouble.
  15. 3 points
    Just got six month pay cut at work. We have one CC with a balance of around a grand. Thinking of paying that off with savings and then trying to save at least a portion of the 400/month I was paying on it.
  16. 3 points
    Till Labor Day or the collapse of Civilization, which ever comes first - just like for everything else.
  17. 3 points
    Because that part isn't your debt - they can charge legal fees, since they had to incur those costs to collect, but they can't charge you for what they bought it for, since they did that to make money. It's like if you buy a used car for 1K and fix it up so it's worth 4K - you aren't going to say "I want 5K - the 4K it's worth plus the 1K I paid for it."
  18. 3 points
    My Motion to Compel Arbitration was granted a couple of weeks ago. I promised a few other members of the forum I would post a redacted copy of my court docs. So see below. Obviously you will want to fill it in with your own information. In the Case Caption section (Page 1 of most of these docs where it lists VS. your name), you will want to make sure you enter the name exactly as it appears on the complaint you were served with. In Los Angeles County, anyone can sign up on the court's website to submit documents electronically. If your court has this option, I would suggest using it as it's a time-saver. Lawyers are REQUIRED to use it, but folks like us are not required to do so. You can also reserve court dates using this system. For example, after I was served, I filed the Motion to Compel Arbitration instead of filing an answer (you can do this in California, per CCP 1281.7. While working on typing up your MTC, you will need to get a hearing date from the court. Using the online system, I picked a date that was about 45 days away. If you don't go the online route, you should be able to telephone the court and ask the clerk if you can calendar your MTC. Be sure the date is far enough in the future that you have enough time to serve the opposing party AND file your proof of service with the court. Although not required, I always have the person who does my mailings send them Certified Mail, Return Receipt Requested (CMRRR). This way you have absolute proof they got it. I'm around to answer questions. I'm not a lawyer by any means, but I can tell you what has worked for me. Redacted Motion to Compel. Arbitration.pdf Redacted Order to Arbitration.pdf Redacted Memorandum of Points and Authorities in Support of MTC.pdf
  19. 3 points
    Quick Update. Plaintiff's lawyers for PRA didn't show up in court. I'm sure their strategy was to assume it would be dismissed for WOP w/o Predjudice so they could refile and possibly have a second bite at answering We explained to judge that Plaintiff didn't respond to discovery and we were prepared to strike any evidence they attempted to admit. Convinced judge to dismiss w/ prejudice.
  20. 3 points
    You need to understand this. You had your day in court and as a result of the trial, they won and got a judgement. Whether it was based on what you consider a technicality or the merits, the legally won. In court, you are required to know the rules and law (even if you are pro se) as any attorney does. The judge might cut a pro se some slack but they are not required to. In this case they legally won and got a judgement. With that judgement, they are allowed to wreck havoc on your financial life at will and without warning contingent to the laws of the state and the rules of court. They are allowed to garnish wages, levy bank accounts, levy account receivables, dip into a cash register, put a lien on your home and other real estate, and possibly take assets. Again, that is within the rules of the state. The State of California allows certain exemptions to garnishments and levies but you need to tell us where you think an exemption applies and then you need to tell the court why an exemption applies and prove that it applies. Also, unless there are state rules that say differently, they are not required to inform you before taking action. Midland does not need to deal with you at this point and are not required to accept payments or settlement. They legally can demand no less than the full judgement in one lump sum and will get it one way or the other (with statutory interest) as long as it takes (especially in your case because they now know that they can continue to levy bank accounts and will renew the judgement if the SOL nears which is 10 years). From what we see about Midland, they are perfectly easy to work with if you come to them with contrition, are humble, and have a real need. In your case, it sounds like you fought them all the way and lost and now they have no interest in settling because they don't have to. If you have a valid exemption, that might give you some negotiating power but right now, they are holding a full house while you don't even have a pair. You are not in a good position here. If the levied funds are enough to satisfy the judgement, let them have them and move on. If not and you insist in not paying them, you are going to need to find a way to do gig work without the funds hitting a bank account.
  21. 3 points
    Thanks for the interest - I definitely owe this community a follow up! I took your advice, @LoveIsPower , and called the plaintiffs law firm, Mandarich Law, but never got thru. The gatekeeper just said she'd take a message for me. I called twice on Monday and then once on Wednesday (trial date was Friday). I was also extremely busy with work so it was tough to find the time with so many other things needing attention. I'm a costume designer / wardrobe stylist for commercials and this time if year gets very, very busy for me and then dries up at the beginning of the new year so I have to take as many gigs as I can get and juggle them. So I kept checking the status of my case and it remained "pending". Two weeks before I had gone to the courthouse to see some trials and noticed a lot of dismissals happening - these dismissals were different than the ones I had seen before - it was people showing up and being informed that their case was dismissed. This was new - people being told "dismissal" as a surprise. Something seemed different, so I just told myself it was gonna be okay - maybe Cavalry and Mandarich Law are having a falling out(?) I thought. During the 11 months I awaited my trial dated, I had gone to the courthouse a total of 6 times to see trials because I wanted to see someone give an objection (never saw even one) and I also wanted to see if anyone else was defending their case with a similar strategy to what's proscribed on this forum (never saw any of that either). Night before my trial, I printed out some of the materials shared from this forum but I was so tired I didn't really study it - I justified it in my mind by thinking "this is not a trial brief but during the meet and confer, I can brandish this stack of papers and make them believe that it's a trial brief so they back down." I was really tired... I also knew that I would always be referring to the debt as "the alleged debt" and object, object, object. In the case that the judge did somehow allow any of their evidence in - I noticed that their ID# for my alleged account was inconsistent across 2 documents - it's a 20 digit ID# that is a combo of numbers and letters and the last 2 digits were different on 2 pages. And then there was a 3rd page where they messed up on their formatting of a table and cut off the last 2 digits of this ID# - or maybe that was intentional? So I knew that I'd be able to show that to the judge and it might be enough to have reasonable doubt. I showed up to the court and met their rent-a-lawyer. She was very friendly and said "we are dismissing this with prejudice - you really didn't have to show up, but I guess if I were you, I would've showed up too. You're free to go, I already let the court secretary know." So I left. I had to be on set at a commercial and I was getting sent texts about technical issues. I checked the case summary online and it confirms the case was dismissed but it says "dismissal without prejudice" - they told me they would dismiss WITH prejudice. Either way it is now well after the SOL so I don't think I'll worry. I hope this information is helpful to anyone in need of help or reassurance. I'm glad that I never had to appear in front of the judge. I really wasn't ready to be honest. But I don't I would've ever got this far without the help I received here. Also, I asked my father if he'd be able to help me with this early on - he did one night of research and concluded that I should just reach out to the jdb and give them whatever they want rather than go to court and end up with legal fees. I'm so lucky I found this place and that you are here. Okay - so can I dispute the collections on my credit report now?
  22. 3 points
    Happy Thanksgiving everybody!
  23. 3 points
    Actually they are NOT saying you failed to answer the complaint. They are making a big error by reversing the dates. They claim that they served you the DISCOVERY questions on 6/24 and that you failed to answer discovery within 30 days. Does the court's docket show when they filed discovery? You need to file an objection to this MSJ and state that The Plaintiff is in error and that they did not file interrogatories on 6/24 because that is the date they filed their complaint which was not served to you until August 26th. I would state in my opposition that they did send discovery requests on Oct 9th and that you did return the response which was signed for by Plaintiff's council on Nov 4th. Include the signed green card as evidence. I would then state that there is a pending Motion to Compel Arbitration filed by the Defendant which has not been objected to by the Plaintiff within the time limit (cite the court rule on responding to a motion). I would conclude by asking the judge to deny Palintiff's MSJ and to Grant Defendant's MTC as unopposed.
  24. 3 points
    Just wanted to give an update and a big thanks to @fisthardcheese, @BV80, @Brotherskeeper, @nobk4me I submitted my revised Motion to Dismiss along with my affidavit which was notarized by an Attorney in Toronto that included my Permanent Residency status docs from Canada along with my Canadian government issued ID. It took about 2 weeks after submission for a response but I have now received Notice of Voluntary Dismissal filed by the plaintiff. I could not have done this without the help of the board members here and just want to again say thanks so much for your knowledgeable help with my case.
  25. 3 points
    If there's some legitimate racial basis for why you stopped paying your Discover bill, you need to speak to a civil rights attorney ASAP. Otherwise, your ethnicity and that of the arbitrator is completely irrelevant to your arbitration case.
  26. 3 points
    My response was "look, in the grand scheme of things, this is only a speeding ticket." He laughed out loud and the phone call ended shortly thereafter.
  27. 3 points
    Would just like to chime in here, and not break the law by disclosing anything and this more pertains to JAMS. Before people weigh in and state I could have asked JDB to pay my JAMS fee, as that would have been an option considering the synchrony arb agreement, I had put money aside in the case of paying my JAMS filing fee and paid because A. the judge's ruling in my particular case was a bit finicky and B. had it NOT been for JAMS emailing both parties and their representatives I am not sure I would have ever received the outcome I had been looking for. So in some crucial way JAMS does have a very vital role in this and thus, was happy to pay for JAMS was sort of the push I needed. For future people this is the JAMS "cancellation policy" and perhaps this has been invoked due to so many people using this forum, I don't know lol;) Please note that the filing fee for this matter is still due. If a matter is withdrawn within five days, the refund is $600. Therefore, the current outstanding balance for the filing fee is $250 on behalf of the Claimant and $350 on behalf of Respondent per Consumer Minimum Standards policy. Just so people are aware, and truly this was the smoking gun so to speak so bless JAMS on some level. Lastly my final question is and prob goes to experts out here as far as removing debt trade line, is there a certain time frame everyone suggests, ie wait ninety days then send a letter to credit bureaus, or can it be as soon as a month? and do you all suggest including signed paperwork? or simply stating I "am no longer liable for this debt" and keep it simple Sam...? And once again hugest shout out to @SJULawAlum seriously anyone in NY he's an actual encyclopedia on NY law, amazing attorney, as well as person and STILL can't believe I was lucky enough to find him... And of course can't reiterate enough my continued gratitude forever to those that have been with me on this journey since the beginning of this year...not only was the forum a beyond useful source and fountain of information during an insanely stressful time, I TRULY don't think I could have made it out alive without any of you... @Brotherskeeper @fisthardcheese
  28. 2 points
    Congrats on getting your MTC granted! I would go back and read cheeses first post particularly under the "filing the arbitration claim". Now that you have a court order to go to arb, you can proceed as advised. Here are some highlights I copied from cheese: "Remember that when you ask for arbitration and file it, you have now flipped the roles. YOU are the "Claimant" and THEY are the "respondent". This is essentially like you are now "suing" the JDB, only in arbitration instead of court. Think of it just like that. You would not file a lawsuit against yourself, so do not do it in arbitration. I would never mention THEIR claims against me, nor the debt in any way." Once the MTC is granted they MUST either pay the deposit to proceed with arb or ask for a settlement (hopefully mutual dismissal). The court should put the case they filed against you on hold until a certain date pending arbitration. In my case which was also syncrony/walmart, once the MTC was granted I filed the arb case about 2 weeks later. The opposing law firm never responded to anything from JAMS. They waited until the last minute, literally, to offer a mutual dismissal settlement. So don't be surprised if you don't hear anything until the deadline approaches. File the case with with the arb company and stay on top of anything they ask for then do as cheese advises in this post.
  29. 2 points
    No. There is no 3-person arbitration. This is just the start of your case, and the Admin is asking if you are representing yourself so that they can file it with the Pre-Se Admin staff. I would simply email back and state that I am representing myself pro-se and that this is a CONSUMER arbitration matter. He can object, and you can respond to the objection demanding an in-person hearing citing the consumer rule regarding such. Also state that you intend to ask Barclay's to present a live witness with first hand knowledge of your disputes and on-going issues with your account. Researching the laws and knowing what laws they violated should have been done well before filing the case. Regardless, you must do this NOW. You need to start working on a full brief that clearly lays out what happened, what actions you took and what actions or inaction THEY took and how those actions or inactions violated which laws. Both CA and Federal laws. Some laws to look up would be any California Unfair Business Practices laws (sometimes referred to as UDAP laws), the Federal Fair Credit Billing Act, the Fair Credit Reporting Act, and potentially the overly complicated Regulation Z part of the CFB (Truth in Lending Act). Since it is early, you have at least a month, so I would put together a formal brief and have it ready. The first step is that Barclay's will get a $5k bill from AAA. They will pay it. Then an arbitrator will be appointed and contact you to set a date for an initial phone conference. The initial conference call is to set dates for discovery and the hearing. During the call, ask the arbitrator for permission to submit a formal brief outlining your full dispute. You can ask for 30 days or so to have it submitted if you need more time to complete it. He SHOULD grant that. And he will also give the other side time to file a reply to your brief. After that, you need to figure out what discovery items and questions to send to Barclays to prove that the charge was not yours and that they did not refund any amount you paid in error and start to have documentation to back up your brief that can be presented at the hearing. Because of COVID, I would expect that an in-person hearing will likely be denied, but I would still push for at least a Zoom call hearing.
  30. 2 points
    The only thing this discrepancy may do is raise the Experian chargeoff to $10,803. Do you know when your next consult with the credit repair company is? You're paying for their services, so I would speak with them about what they've learned and what they recommend going forward. Just pay attention to their charges, read and understand their money back guarantee, and request a refund within the 90-day period if you feel you're entitled to one.
  31. 2 points
    You can do this. Every single one of us here started exactly where you are. We simply read and read and read these forums until we learned how to fight back. You will too. Just take things ONE step at a time. If you try to think about everything right now you will easily be overwhelmed. This is a process and the process takes time. This means you have time to learn each step as you go. Right now, step one: Did you read the Arbitration post in my signature link below? In that post there is a sample "Motion To Compel Arbitration" (MTC). This MTC has the basic information you need. You just have to put your own case information in the header and then we can try to find some Florida specific case law to cite and stick in there. Once you have this Motion typed up, you can post a copy here with your name and case info blocked out and we can help you refine it if needed. Then you simply take the motion to the court and file it in the Clerk's office. That is step one. Just work on step one. You got this. @Brotherskeeper Do you recall any recent FL cases with MTC case law to include?
  32. 2 points
    It only helps other consumers by showing a blueprint of how to defeat an incorrect ruling that fees can be allocated to the consumer. While there are disagreements about the JAMS rules on the matter between myself and other long-time members here, the fact is, in this case the arbitrator ruled to reallocated incorrectly. Luckily for this case, the 3-arb panel reversed that. I believe MOST arbitrators would get this correct, so going to a 3-arb panel has good odds of reversing an incorrect fee reallocation.
  33. 2 points
    Technically, IMO, if the defendant files a motion to dismiss and the plaintiff fails to respond, which was the case here, the motion should have been granted. But you got a stay, which is a victory. File the arb with JAMS.
  34. 2 points
    My rule is whenever I hear from a collection agency, I send a DV letter. Always. Especially since there is already a suit.
  35. 2 points
    You’re very kind. We all post here because we’ve been through what you’re going through. Paying it forward can include any act of kindness whether it’s helping people here, elsewhere, donating to a charity, etc. Helping people like you makes this worthwhile for all of us.
  36. 2 points
    The judge you appeared before didn't even allow you to present your agreement to the court. Don't allow the act of an A-hole judge to discourage you from moving forward on this.
  37. 2 points
    It is unfortunately very common in small claims courts to get judges or magistrates who really don’t know or care about the law and just do what they feel like doing. Yours is not the first or even the tenth time we have seen this happen. Appeal. I don’t know the proper appeal process in your court. Some jurisdictions have an automatic appeal. Others require a cause. In either case, you have a cause. The judge violated a US Supreme Court ruling. You need to look up the Concepcion v. ATT case where the Supreme Court ruled that arbitration clauses must be followed. 1. Find out the appeals process 2. Appeal. Many of the people who post here have had exactly the same situation, and have gotten the MTC upon appeal. You also have a cause of action against Midland and the attorney for lying about the contract in court. Clear violation of the FDCPA.
  38. 2 points
    CASE DISMISSED. YOU PEOPLE ARE GODSENT. THANKS EVERYONE BUT SPECIFICALLY @fisthardcheese AND @Harry Seaward. Felt soooo good knowing those lawyers that were laughing in my face from the director of the firm to the rent a lawyer had to eat their words....
  39. 2 points
  40. 2 points
    Good for you. At this point your goals are: 1. Be healthy. The case may be delayed for a few months. That is a mere inconvenience. 2. Do what needs to be done. 3. Don’t do what shouldn’t be done. In a recent thread I mentioned a notorious case of a guy who blew a slam dunk case and wound up with over $60,000 in sanctions against him due to using his postings to harass the opposing counsel. Stuff like using locker room language to describe a female attorney. Not smart. Keep the updates short and neutral. “Filed the case today” or whatever. Not a word about your feelings. The less said the better. In the end, it is not uncommon for people to simply mention that a case has been settled, and/or they will not discuss the case anymore. We all know that means a non-disclosure agreement. I have done that a few times myself. Never post anything you wouldn’t want their opposing counsel and the judge to read If you have already posted anything in that category, edit your post to remove any improper comments And, right before you sign a settlement with an NDA, just post something to the effect that you will no longer make any posts on the case. We can read between the lines and will be happy for you.
  41. 2 points
    First, it would help if you could answer the questions listed here: I would wait to be served and answer the summons in court. And use the time you have now to research strategies. If arbitration is available, that is the best way to beat a JDB.
  42. 2 points
    Thank you for this! I will file my Notice of Appeal on friday. After that its a waiting game. Once the clerk of my court gets everything to the clerk of the court of appeals, I'll have 30 days to file my brief. That will be the next big step. I'll keep this updated. Thanks for your help.
  43. 2 points
    Finally...! After 6 months. The ruling from today's Hearing. Defendant�s unopposed Motion to Compel Arbitration is granted. In deciding a petition to compel arbitration, trial courts must decide first whether an enforceable arbitration agreement exists between the parties, and then determine the second gateway issue whether the claims are covered within the scope of the agreement. Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 961. Here, it appears that an arbitration agreement exists and that the claims are covered within the scope of such agreement. Defendant has asserted his right to arbitration and has provided this court with a declaration in support which attaches the arbitration agreement at issue. Thus, the motion is granted. This case is stayed pending arbitration. The currently set trial date is vacated. A case management conference is set for ............ at 9:00 a.m. in Dept. ... for status of arbitration. Moving party is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312, and is thereafter to prepare, file and serve notice of order. I want to thank everyone for their help and advice. Now, on to Arbitration...!!
  44. 2 points
    I suck for being a super procrastinator and not adequately preparing, but the outcome was good. Dismissed w/out prejudice. Met with Midland's attorney prior to the hearing, showed that I had the AAA documents ready to be completed, a copy the card agreement, and nerves of steel. One more to go....
  45. 2 points
    Somehow I just saw this post -- but I wanted to say, again, THANK YOU @sadinca!! You helped me and countless others win!! You have paid it forward a thousand+ times over!! Thank you for all you have done all these years! You will be greatly missed!! Best to you and your family!! Onwards and upwards!! @LoveIsPower
  46. 2 points
    The clock on deadlines for your answer starts ticking on the day you are served not when they filed. File an opposition to the MSJ based on answering and lack of jurisdiction based on the MTC.
  47. 2 points
    Because among all the other cases that they have, you would be forgotten and they might not make an effort to collect from you before you do the BK, especially if you remove your name from all property and bank accounts while you are away. If you go through with this and make their life hell in getting the arbitor's award, the first thing they will do is convert that into a judgement (and if you try to fight that, the judge is going to laugh at you once they show what you did in arbitration because the judge will know that you had your chance to defend yourself). Once they get the judgement, they will immediately do anything in their power to collect, making your life a living hell, even if you are outside of the USA. Do realize that even if they will not make any money, they can foreclose on your house if they have a lien on it, just to show you the power they have (most creditors would not do this in most cases but if you piss someone off enough that they remember you......). The fact of the matter is, they had already shown you that they could win in court. You figured you would do arbitration in hopes that they would not cover the expense and they called your bluff. You are not going to get a 4 - 5 month continuance regardless of what is going on. You will be lucky to get 90 days and more likely, you will get 30 days. They are probably going to win unless the arbitors accept your defenses and even there, they will simply ask Discover to calculate what you owe them without the extra charges and interest and give them a judgement for that amount. The CARD Act of 2009 (which is the law that I think you are citing in your defense) does not give a private right to action which means you should have complained to the CFPB rather than stopped paying your bill. The courts (and arbitration) are not there to enrich you because the other party broke the law. I have now said more than I intended to because I see you as one of those people who want to cut off their nose to spite their face. You intend to go down fighting in a battle you not only cannot win but can cause others grief too.
  48. 2 points
    Then you have no standing in the matter and cannot file motions regarding the judgment renewal. If the problem is the judgment creates a lien on property you own your issue is with your ex and you will have to deal with them. Unfortunately if he was still listed as a legal owner at the time of the judgment then they can attach a lien to the property. Consult a consumer attorney ASAP as this is much more complicated than a simple judgment renewal if it is not against you personally.
  49. 2 points
    I just wanted to say thanks to all of you who have posted about Midland Funding here. They sued me and I read everything y’all have posted. I filed a motion for the court to compel binding arbitration and cited the part of the original contract in my motion and the Tennessee code. When the “rent-a-lawyer” called my name I handed her the copy of my motion I filed that morning. She was like “Oh...um...okay...well, honestly I’m just here to collect money. Hahaha I’m not really prepared to handle something like this.” I gave her a confused look and said “Don’t you represent Midland Funding?” She said “Yes...I mean I’m really just a hired gun if I’m being perfectly honest. They’re gonna have to send someone down from their corporate office to handle this.” So she rescheduled the court date for November 20th. Today I got a copy of the non-suit from Midland Funding in the mail. Checkmate bottom feeders. 😂
  50. 2 points
    In my past experience doing this, I wait 30 days and then I send a simple dispute letter to the CRAs stating "I am not liable for this account". Especially since it is a settlement agreement and subject to an NDA (had it been a single page order from a judge dismissing the case with prejudice, for instance, I would send a copy of that page). The theory here is that the 30 days should be plenty of time for the JDB to know and enter into their system that this account case is settled and forever discharged (or however it may be worded). If anything other than a removal comes back from the CRAs (meaning the JDB verified at least a portion of the account) then my opinion is that you then have a willful FCRA violation and possibly a violation of the settlement contract depending on that language as well. In my experience, they have all been deleted upon using this method, HOWEVER, Midland did something else in my case, after I beat them with prejudice in court, and after the CRAs removed the tradeline from them on my dispute and proof of dismissal with prejudice, Midland was still doing an automated "account review" pull of my credit reports every 60 days like clock work. This was turned into a new FCRA suit against them and the NDA for that settlement says that I can only tell you that I was VERY satisfied with the outcome. So other than removal, the regular inquiries is also something to keep an eye on for the next few months to a year.