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  1. Hi guys, I know it's been a while since I've been here. I am coming up on being an attorney for two years (crazy how time flies). I have steadily been building up my consumer debt defense practice and have about 15 active cases. I wanted to give an update on the cases where I have used a motion to compel arbitration. 2019 - Midland Claim for $3,400 - I brought a cross-motion to compel arbitration in response to a summary judgment motion by Midland. Midland fought hard against the arbitration motion and made terrible legal arguments. Judge denied summary judgment and directed the
    6 points
  2. 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
    6 points
  3. 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
  4. Another Update! I received a letter in the mail from Cavalry - a “Stipulation of Dismissal...requesting a dismissal with prejudice and without costs to either party”. The letter also states Cavalry will request that the credit bureaus delete the trade lines associated with the Cavalry account. I had not yet filed for arbitration with AAA. Did I just win? 😮
    4 points
  5. My court case of course got pushed back because COVID hit. Finally in August of 2020 they held my case over zoom meeting along with 5 other people. When they finally got to me I assumed it was my case for the motion to compel Arbitration (which was granted). It was not my MTC it was a debt hearing case. The judge was pretty dumbfounded when I said that I had filed the motion to compel Arbitration and Midland and their lawyers know that and they are disregarding that motion and still trying to go ahead with the debt settlement. The Midland lawyer scrambled with their paperwork and said "ohhh ye
    4 points
  6. @fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper Wanted to take a moment and thank you all. It appears I have my resolution on the horizon and it is one I can CERTAINLY live with. I have began donating to random charities with any extra money I can spare in honor of all of you. Maybe do with a little less and give someone a little more. I noted the crew @ CIC (that is you guys BTW) in my donation comment. As there is not much I can offer here, I am determined to uphold my promise to you all and do SOMETHING. You can see the first one I made here. https://gf.me/u/y42gyn. I will check in
    4 points
  7. *****Update I apologize for not posting the result. I did as @fisthardcheesesuggested and sent a respectful email explaining the situation. The attorney apologized and assured me that it was a mix up. I followed up with the court and verified the correct document was filed to dismiss WITH prejudice. I also checked my credit report and verified that it had been removed. Yay!
    4 points
  8. Not only have my thoughts not changed they are reinforced. I would file a response to their opposition based on @wernda1234post and vehemently opposed to their getting a trial date at this point. I would also look in to laches in that they waited far too long to pursue this. Specifically in response to #6 I would state that while the circumstances are sad they have no bearing on the case or counsel's failure to adhere to court procedure in requesting a continuance for the first delay or for neglecting the case for an entire year after returning from medical leave. As to #8: irreleva
    3 points
  9. 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
    3 points
  10. 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
    3 points
  11. 1) Going to an internet board for legal advice is akin to going to some random person on the street corner for legal advice. You don't know what you are getting is correct and you have no assurance that it is correct. You also have no legal recourse if the advice is not correct. 2) In French-Canadian society, the saying was "If you want it legal, go to a notary." The same advice applies here. If you want competent legal advice, go to an attorney. 3) Although we can figure out who the OC is that you are talking about (you are not being that cagey), it is a little difficult to figure o
    3 points
  12. Thank you from all of us! Your kind words brightened my day and, I’m sure, the days of others who try to help. I agree wholeheartedly that, somehow and in some way, good will follow good. 😀
    3 points
  13. To add to this: There are a few other reasons why one would file a pre-emptive arbitration. I have done so on three occasions, and these are three exceptions to the rule. 1. I once filed a pre-emptive arbitration for a Citi small claims court. Had I waited until they filed, I would've missed arbitration. 2. One time the attorney for an OC (I cannot mention because of NDA) threatened to file a few months before my state's 6 year SOL. The card agreement said to use Delaware law for arbitration, which has a 3 year SOL. So I filed in arbitration. 3. One time I had a com
    3 points
  14. 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.
    3 points
  15. 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.
    3 points
  16. 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 homeles
    3 points
  17. 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 wou
    3 points
  18. ***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?
    3 points
  19. The short answer to this is a resounding YES.
    3 points
  20. 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.
    3 points
  21. 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 o
    3 points
  22. 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 i
    3 points
  23. I received a notice from our local magistrate stating that I was being sued by Velocity for a lending club loan that I had gotten in 2015. I started researching across the web on how to handle this and what the statue of limitations was on this loan. I answered the summons and today I had the hearing. I found this forum and would love to say thank you. With information here as a starting point, I began to read the documents that I was served. I read them a few times before but nothing stood out to me. So put them down to clear my head. Last night I picked them up to read again and i
    2 points
  24. Well so ends this fairly grim personal chapter, but, it's done and done. I've paid the settlement and there's no real court appearance needed beyond a motion to dismiss. I was VERY thorough and got records of everything. the only "nice" thing about Stenger is they were pretty open about closing the account. I'm pretty sure this all happened due to Bulloch County and this particular court. A nasty set of circumstances. In another area of GA it may not have ever happened this way. I'm lucky to have supportive family, and I'll be getting them back. Again thanks for the help. @Clydesmomy
    2 points
  25. "Legally required" - not sure what that means. If you don't tell the truth are you committing a crime? That depends upon the circumstances. For example, it is a Federal crime to lie on a mortgage application. See 18 U.S.C. § 1014. If you lie, and such lie does not rise to the level of a crime, but the other party relied upon your failure to tell the truth (your misrepresentation) then maybe you committed a civil fraud against that individual and can be sued by that individual. Bottom line - always tell the truth. If the question asks "have you filed bankruptcy wit
    2 points
  26. I must have missed that somehow, sorry but thanks for sharing. I settled with them today for 50% and both parties are happy.
    2 points
  27. Absolutely. The definition of a “debt” as defined by the FDCPA makes no exclusion for a defaulted debt that is still owned by the OC. It excludes a collection agency affiliated with the OC (such as the OC’s internal collection department) from the definition of “debt collector”; however, an outside collection agency is bound by the FDCPA. 1692a(6) of the Act defines a “debt collector” as one who regularly collects debts “owed or due or asserted to be owed or due another.” An outside collection agency is collecting for another business. In Heintz v, Jenkins, a debt collection attorne
    2 points
  28. OK, first off, if you have not been served, they cannot go on until service is effected. However, they might be able to so what is called alternative service so keep a watch on the case and when they do that, that is when you mount your fight. Second, JC Penny going bankrupt does not matter because they were not the holder of the account, Synchrony Bank was the holder of the account and they are still active Third, between the last charges and interest for the past 4 years, it would not be surprising that the amount has reached $2300. Fourth Synchrony Bank has a very good arbitr
    2 points
  29. My in-person arbitration hearing took place last month. It was also with AAA. During the preliminary phone hearing the arbitrator, Respondent's attorney, and I discussed the location for the in-person hearing and how many people (including witnesses) would be in attendance for both sides. We also set the hearing date and the date by which all exhibits and a witness list needed to be exchanged. There was some discussion about the extent of discovery that would be required. I would be prepared with some dates on which you'll be available for an in-person hearing. I'd recommend setting
    2 points
  30. If the attorney sent a letter saying they want to work out a deal, then I would email them and tell them that in the interest of further time and expense, you are willing to offer their client a mutual dismissal with prejudice. You agree to drop the JAMS case with prejudice and they dismiss the court case with prejudice. See how they reply to that email.
    2 points
  31. Yes, PRA seems to be either hiring cowboy attorneys or in some states they are deciding to eat the arb costs an come out negative or even for some odd reason. But this is not ALL PRA cases. However, one you file and have confirmation of acceptance from AAA, be sure to let us know each step in the case because dragging your feet and making sure things are done in a long, drawn out and deliberate manor with PRA is more essential than before.
    2 points
  32. @Brotherskeeper "Thank you." IT was stressful, I can not lie. trying to get the counties wifi to cooperate for the 1/2 hour i was there early.... got it solved like 5 minutes before the Zoom hearing. JoP was very patient as I fumbled thru the on screen settings showing that i had headphones at the ready if he couldn't here me... then getting the default to "unmute" he was actually giggling as I was fumbling thru the setup.... once it was good & solid with no lag he said something like okay, shall we begin... He wanted to clarify that I wanted to go with the MTC and w
    2 points
  33. 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.
    2 points
  34. The SOL is tolled the minute you are served. Now, you might think that you can run out the SOL by evading service but the plaintiff has the option of filing in court and paying the fees which would also toll the SOL at that point too. Most don't do that however because the court fees in Minnesota are very high (I think over $300 to commence a civil court case now).
    2 points
  35. A. Rare, but is occasionally happens. Usually if the case is dismissed, they don’t want to bother with it again. B. They might, but probably not. There are some JDBs that will buy the almost impossible to collect debts, usually at a very steep discount. Most of the time those new JDBs won’t sue, but some will. In other words, most likely this case is over with. But you can’t be 100% sure until the SOL has passed. One thing you need to be aware of: Many arbitration clauses say to use the laws of the state in which the card was issued, such as Delaware.
    2 points
  36. Final update: I won the case, it was a lot of work but thanks to some of the invaluable information I found on this website and other places, I managed to beat them.
    2 points
  37. I can live with it. The very low monthly payments will have minimal impact on my finances, but it will take quite awhile to pay off. Lowball settlements apparently do not happen with Citi, so I'm not going to keep pushing. Getting this off my plate will without a doubt help me sleep better at night. Thank you all for your input.
    2 points
  38. 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.
    2 points
  39. 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.
    2 points
  40. @fisthardcheese @Brotherskeeper @BV80 I want to thank you all again. You have been kind and patient with me. I got down to the wire, but I got it in there. I had a eye doctor appointment and took my laptop to finish it up and get it uploaded by the deadline. I was in the chair with my eyes dialated trying to see enough to hit submit. I got it in with 1 min. to spare. LOL It's a good thing this isn't a paper due for college, because with all the copying/pasting, I would definitely be thrown out for plagerism. LOL So, I thank you all for your words, explanations, and re
    2 points
  41. I would recommend contacting the Clerk for the Court of Appeals, Cynthia McCoy, at (804) 371-8428. If this leads nowhere, the next step up would be the Office of the Executive Secretary, Karl Hade, at (804) 786-6455. This office handles the training of all judicial branch employees, so they should want to know if employees are denying litigants their right to file an appeal. Luvmybabas... I'm so sorry you've been dragged through this mess because of a judge who couldn't be bothered to look at your agreement. Start making your calls early tomorrow. The office for the appeals clerk ope
    2 points
  42. 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.
    2 points
  43. Again, I see this as an over-complication of a simple issue. The contract clearly states you are only responsible for fees required by the AAA rules. The AAA rules are very clear that you owe $200 and nothing more UNLESS found to be frivolous. Nothing about the act of starting an arbitration case for a genuine dispute can be frivolous. It's their own contract. THEY wrote it. Too bad if they don't like it being used in the rare case it does not benefit them now.
    2 points
  44. The attorneys are incorrect. A dismissal with prejudice does not invalidate an arbitration provision or an order to arbitrate. PRA’s voluntary dismissal with prejudice may prevent them from filing another lawsuit on the merits of the debt, BUT it does not prevent arbitration. It just means the court can’t hear their claims on the merits. In addition, it does NOT prevent them from filing with the same court to confirm an arbitration award, Since the Federal Arbitration Act is federal last and governs the agreement, here is federal case law. The FAA directs the Court to sta
    2 points
  45. Thank you @Clydesmom, @WhoCares1000, @BackFromTheDebt, @Harry Seaward for your replies.
    2 points
  46. All I know is that the Government got everyone to go along with shutting everything down by saying we must "flatten the curve" and prevent overwhelming the health system. Yet, after a couple weeks of declining numbers now, governments are extending or worsening all of the martial law. Add to that, the measures taken by businesses and governments are illogical and make spreading a disease even worse, like shortening grocery store hours so that now everyone must cram into the store at the same time during the shorter day rather than expanding hours and having a sign up for a 30 minute slot dur
    2 points
  47. Plaintiff filed a voluntary dismissal without prejudice. Speaking with them beforehand, I pushed for with prejudice but they wouldn't budge. Thanks for everyone's help here. Appreciate it.
    2 points
  48. Synchony has a good arbitration clause to use. They use JAMS and they say they will pay your $250 filing fee if you ask them too. I would open a claim in JAMS and ask Synchony to pay. JAMS arbitration will cost them at least $5k for the first hearing. It can go much, much higher if you know how to stall, object and force more hearings. There is a 90% chance it never gets that far anyway. They will not want to spend twice the amonunt they are trying to collect and end up losing money anyway. If this happens to be with a JDB collector and no longer with Synchory, then your chances go up t
    2 points
  49. @farrier Ah, the "straw man" rears his ugly head again. @Clydesmom is correct. I don't even have to check the site to know what it's about. The "straw man theory", also known as the "Redemptionist Theory" is based upon a conspiracy theory that at one's birth, the federal government set up an account in that person's name with that person as collateral and makes money from it. The alleged indicator of this account is the fact that one's name is written in all capital letters on a birth certificate. Supposedly, if your name is in all caps on any document, it's not really you but is a
    2 points