shellieh98

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Posts posted by shellieh98


  1. If it's less than 10 years, I wouldn't waste my time- if they have filed for garnish in the past, and they have filed now for discovery of assets, no court in the country would recognize it as being out of statute- they would view it as you trying to run the clock lol. They might settle for less, but only if it was a lump sum payment. Good luck.


  2. Basically they have a judgement that wasn't satisfied, so they are forcing you into court to find out what you have they can take to satisfy the judgement.  They already have it. If you have lived in another state, you can look into how long a creditor has to collect on a judgement, but usually they get 10-20 years in most states. Your best option would be to make out a settlement agreement with them.  They have the judgement- so they may not be open to negotiations, but you might be able to work out a payment arrangement that fits you better than if they just garnish your wages, or get a lein on property, etc.  It grows when you don't pay because they get interest on the amount-- x that by 5 years and it can really add up.

    • Like 1

  3. Repair places don't make payments monthly until they get a lump sum saved up and then have negotiating power. To bad they didn't try for a payoff for the 3k.  Discover would argue the last payment would be 12/2015. Your friend would need to find case law from Iowa that supports a partial payment doesn't count to restart the SOL.  Is he being sued? If not he should work on getting his ducks in a row, researching for that case law, be ready when they do sue while trying to run out the clock.   


  4. It doesn't matter if they have a valid one or not if you don't defend yourself. They will win.

    Late filings you do run a risk of losing by default. Although in my experience lawyers can be late, and we can't lol.

    My Advice since  you are already 6 or more months in to this is to read the thread pinned at the top of this forum by ASTMedic on How I beat Midland in Califronia.  Then do a search and find a couple of other threads, 1 by "HomelessinCA" and I think "SadinCA" won his case, plus he is still active and can help. Then come back and we can formulate a strategy.


  5. So a few years ago I got into some financial trouble. I found this site, and it helped me immensely. I won 3 court cases, I sued Gold's Gym for collection violations, and I have been cleaning up my credit. I was at an all time low of 430.  I protested every negative on all 3 credit reports. some things were removed, some were not. Some I had to wait until they dropped off after 7 years. But, last week I decided to refinance my house. I thought my score was pretty good now, so thought I'd get a decent % rate. eh, todays market, it was 4.2, but still better than the 5.6 I've been stuck with for 10 years.

    My credit score came back at 840! :) Pretty much cart blanch if your trying to get credit.  I do have a couple of credit cards, with like 15k limits, but I won't go down that road again. If I have a major purchase I won't use it unless I have a plan to pay it off in a month or 2. I carry a low balance on my main card so it reflects well with payments, etc without getting socked for huge interest. Just wanted to revisit, and let others know this site is a wealth of info if your willing to invest the time. Thanks to all those that contribute! Oh my new house payment is 350.00 less per month, and will be paid off 2 years earlier. So even though I didn't get the low rates of a few years ago, it was still worth it.

    • Like 2

  6. LVNV do not like to fight in court. They will, but don't like it. the focus for court is to make them provide the assignment agreement, proof the cap 1card was in that assignment, and proof of "persons with knowledge" can show the amount is correct. In reality they would need a person from cap 1 to testify, and not their jdb person. They will use their guy, but it is up to you to show they have no knowledge of cap 1's record keeping practices unless the witness has worked for cap 1. Unless your in AZ., they have rules of civil procedure that allow the jdb testimony. Read your court rules, search this site for people that have won against LVNV, and ones from Ohio.


  7. Did you look here? https://www.consumerfinance.gov/credit-cards/agreements/issuer/synchrony-bank/

     

    Oh and I would file a motion to dismiss, or in the alternative suspend due to  Lack of subject matter jurisdiction. Lack of personal jurisdiction. Improper venue.

    Then in body of motion, you can state what the contract says about arb.  There are many samples posted around.


  8. 4 hours ago, pockets66 said:

    WHEREFORE, Defendant respectfully requests the Honorable Court to follow the arbitration clause embedded in the alleged cardmember agreement, and stay proceedings pending the outcome of the contractually specified arbitrator.

    Please let me know if this is okay.  Thanks again for everyone's help!

    It is an alleged account, but I would not put it's an alleged agreement, that gives other side argument. You want to say this is the agreement governing the alleged account.


  9. also you can look into ARK. rules of civil procedure. Different states have different rules on when you can and cant use arbitration. Citibank has an arb clause if it's not small claims. You may be able to file a MTC private contractual arbitration with JAMS, even though you have done some litigation.  I have seen where a defendant has asked for arbitration at the trial, and it was granted.  search your rules.  It's very doubtful Calvary will go, Iv'e never seen them. The OC would go, but rarely will a JDB go.

    • Like 2

  10. On 9/13/2017 at 4:32 PM, wernda1234 said:

    So, I'd like to prepare for whatever comes next.  I still believe my best affirmative defenses are lack of standing and statute of limitations.  Let's start on SOL

    • Statute of limitations - I would claim that this type of debt falls under AR 16-56-105/3 years.  Does anyone have any AR case law I can use for that?

    Doing more research here on lack of standing and attacking the few documents provided in complaint and discovery.  More questions soon:)

    Accounts with a written contract is 5 years. However it would be dependent on what the cause of action was. if it is account stated, that is not a written contract, and is subject to 3 years. BUT in your 1st post you say they filed against you in 2015. If your last payment was in 2013, they are still within the SOL.

    • Like 1