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  1. 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
  2. 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.
    5 points
  3. 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
    5 points
  4. 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
  5. @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
  6. *****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
  7. 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.
    4 points
  8. 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? 😮
    3 points
  9. 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
  10. 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
  11. 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
  12. 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
  13. 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
  14. 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
  15. ***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
  16. The short answer to this is a resounding YES.
    3 points
  17. 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
  18. 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.
    3 points
  19. Till Labor Day or the collapse of Civilization, which ever comes first - just like for everything else.
    3 points
  20. 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."
    3 points
  21. 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
  22. 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
    2 points
  23. I did most, but not all, negotiating by emails. Sometimes phone or snail mail. Email is almost as fast as phones, and preserves a paper trail. Less misunderstanding that way.
    2 points
  24. @BV80I am really just trying to pay it forward. Not sure if you realize, but the advice you offer here truly can change someone's life. This was a very stressful situation and I am not sure how it would have panned out without all the help you all gave. And you all do it for at best, a little gratitude. I spent a lot of time on here reading and educating myself. I saw many times OPs just dropping off the map without so much as a thank you. I was determined to actually do something to SHOW that gratitude. And I will continue to do so from time to time. I have often been criticized, I feel from
    2 points
  25. 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 arbitr
    2 points
  26. 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
  27. Fantastic outcome! It sounds like you had a pretty good judge yesterday. You were prepared for the hearing. The JDB's attorney didn't have a persuasive argument against your motion to compel or a legitmate objection he could muster. The judge decided you should prevail. Just so you know, in a couple of recent cases here on the forum, PRA has actually paid the initial filing fee for arbitration. I believe it has been where the debt amount is a little more than yours is. I would suggest you reread Fisthardcheese's pinned thread on arbitration now that your motion has been granted to see yo
    2 points
  28. NO Whatever claims you have against them They are asking where the arbitration section is in your card agreement. Just list the page number and section number of the arbitration section. DO NOT CHECK. You don't send it to the JDB, you send it to their attorney who filed the lawsuit against you. I would strongly suggest you read the arbitration post again. All of this is spelled out in there. Also start reading everything carefully for what it actually says. Don't jump to conclusions and end up answering questions that are not
    2 points
  29. @alwayswinning36 referenced MN. In MN, the SOL is tolled when an action is commenced. Commencement begins when a summons and complaint is properly served. From the MN Supreme Court’ Because Heitland was not served on or before August 1, 2014, the statute of limitations expired on Melillo's claim before proper service had occurred. Melillo v. Heitland, 880 N.W.2d 862, 864 (Minn.2016). Cited in an article from the MN Bar Association: In order to properly commence a civil action and avoid having a statute of limitations period expire, service must be proper under Rule 3.01
    2 points
  30. All of my credit card creditors have given me a 30-day deferral (all but one, but I missed the due date on that one so they told me to pay the missed payment and then to call back before the next payment is due). My mortgage company gave me a 3 month forbearance that I will have to repay after the 3 months. They said they will work with me on a repayment plan after the 3 months. I have started a new business that appears to be doing well, so I shouldn't need more than these first 30 days, but I'm interested in hearing how everyone else that hasn't been able to work is managing.
    2 points
  31. Hiii All! I got a letter from judge granting arbitration! @fisthardcheese What is the next step?
    2 points
  32. There is something to be said about what @fisthardcheese is saying about FDCPA violations. There were some times I had a lot of violations by the time I went into arbitration. In fact, EVERY time I went into arbitration, I had some violations. In some cases, a complete mutual walkaway was arranged. They drop their case against me, I drop all my cases against them. Those were often situations in which the arbitration agreement applied to the collection agencies and the law firms as well. So I would file against EVERYONE, and see what sticks. That never went badly for me.
    2 points
  33. Wise words, indeed. Definitely something I am going to keep at the forefront of my thoughts, moving ahead. I do intend to 'pay it forward'. BTW, the Citi attorney I dealt with was quite kind. A pleasant, easy experience. My advice to anyone dealing with the 'big boys' (aka Amex/Citi/Discover): get creative and daring. Never attempt to negotiate with 'phone collectors', as they have zero decision making authority, and are working from a script that only allows them to take payment in full (or very close to it). Learn how to use your state court's website. Research the plea
    2 points
  34. Ignore this person who doesn't seem to know what they are talking about.
    2 points
  35. Do you mean she should request validation? Based upon what law should she do so?
    2 points
  36. @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
  37. Rausch, Sturm, Israel, Enerson & Hornik is historically the laziest law firm in Texas. In the vast majority of cases they completely stop doing anything upon receipt of discovery. It is highly unlikely that it will ever get to the point of an actual trial. They do not need to enclose any "evidence" when they file the law suit. It is good that you filed your general denial but don't just sit and wait for something to come to you. You need to decide if you want to fight them in court or go through arbitration and immediately get the upper hand and get things rolling.
    2 points
  38. 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.
    2 points
  39. 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
  40. @MikeS This Ohio thread has a lot of useful information and links to other Ohio threads, including @MikeB35 cases.
    2 points
  41. 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
  42. Thank you @Clydesmom, @WhoCares1000, @BackFromTheDebt, @Harry Seaward for your replies.
    2 points
  43. I was asked about my postings in a deposition once. I used a technique that had been recommended. For that particular case, I did not post very many things. In those days I usually posted on the "other" forum. But since I was facing a depo, I created a new user name, and posted once about that case on this forum. In the depo I was asked if I had posted anything online about the case. I replied that I had posted on CIC. They asked, in a rather derogatory manner, what the purpose of CIC was. I said it was a credit repair web site. In short, everything I said in the depo
    2 points
  44. You did attach the agreement to your MTC? If so, I would throw the language in the agreement along with AAA’s rules back on their face. The following is stated in the credit card agreement: 4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT.
    2 points
  45. It wouldn’t matter if he denied that it was his account. He’s being sued for the balance. The JDB claims it owns the account (and thus is a party to the agreement) and that it is the OP’s account. If the judge denied the MTC, then based on the case law, the denial would be reversed. This is from the Maryland ruling I cited. Existing case law demonstrates that equitable estoppel allows a nonsignatory to compel arbitration in two different circumstances. First, equitable estoppel applies when the signatory to a written agreement containing an arbitration clause "must rely on the ter
    2 points
  46. @Fishman93 Congratulations! Was the court case stayed or dismissed? Please reread Fisthardcheese's pinned thread on arbitration. I believe Fist advises that you include a copy of the judge's signed court order of your motion along with your claim demand to AAA. This is especially important if the plaintiff is Midland or one of the other JDBs that haven't complied with AAA's rules. Without the court order, AAA often sends a letter declining to arbitrate those claims.
    2 points
  47. Now you get the JAMS case started again and include the new court order to show this is a new case. Keep an eye on things after that and if they do not pay the fees and the case gets closed again, immediately file a motion for sanctions in the court demanding that the court force them to commence arbitration or in the alternative, order a dismissal with prejudice. I would start working on that order right now so that you can file it if they JAMS case gets closed again. I would include in the motion for sanctions that this is the 2nd time they did this and show that they did not follow the orig
    2 points
  48. @fisthardcheeseYou were exactly right! THANK YOU!! AAA sent this an hour or so ago --------------------------------- Dear Parties: Please disregard the correspondence dated January 24, 2020. This case was closed in error and has been reopened. We apologize for any inconvenience. The claimant has filed with us a demand for arbitration. The American Arbitration Association (“AAA”) has determined that this arbitration arises out of a consumer agreement and, as such, the Consumer Arbitration Rules (“Consumer Rules”) apply to this dispute. The Consumer Rules may be found on our
    2 points