• Content Count

  • Joined

  • Last visited

  • Days Won


Everything posted by shellieh98

  1. You would not do discovery. You would look online for the credit agreement, the .gov site has them posted. It's the law, cc companies have to make their agreements available on line. if the agreement has an arbitration clause, you write a motion to the court to compel priviate contractual arbitration, and attach a copy of the agreement. There are this very motion posted all over in this forum. Then you wait for the judge to rule.
  2. Do answer the suit. If they get a default judgement it will affect your credit as well as if 5 years down the line you have money, they will get it then. Read the directions on the summons. it probably has the form for you to fill out, or you can probably find one on the courts website. Just deny the allegations, you can state "after a reasonable inquiry and search, defendant has no records or information of the alleged account. If it asks for any affirmative defneses, you can put plaintiff lacks standing. then your done. Send out that certified letter, and copy your answer and mail that to the plaintiff also, then file it with the court.
  3. I just talked to him again, it is 1/3 if it is over 5k, otherwise it is what they get from them. That is ok with me, iam doing this more because they pissed me off than anything, and will cost me nothing but a little bit of my time. They want to proceed.
  4. mortgage contracts carry a 5 year sol in flordia. so sometime in 2017 is when the sol is up.
  5. The most JAMS will cost you is 250.00. they wont follow you. You WANT to compel them into arbitration if you can find the cc terms online.
  6. So I called them. He tried to tell me since they waited to call until after they sent the contract, they were not in any violations. If I would like to pay them now, then it will not go against my credit. (hahahahaha) I told him yes you were, you disclosed my contract to my son, demanding payment from him. You threatened to put it on his credit report, you violated a cease and desist letter, it was not a debt validation. You tried to collect from my son a debt which you were not legally entitled to collect. You used an auto dialer to call both of our cell phones several times. So here is my offer. You can pay my son 1000.00 for the violations against him, write off the account and I will not go after you for the violations against me. That is my offer. You may want to discuss it with your attorneys. he said "if you don;t want to pay, that is fine, we will take it to the next level. ok, game on. So then I talked to a consumer attorney. He is very interested in taking my cases, and wants to investigate it further. I sent him all my documentation, the phone call clip, and snapshot of the phone number. He said he will go over it, and make sure they are acting as debt collectors, and get back to me with a contract if they decide to pursue. He said it sounds like I have several violations. Oh and the calls were most likely from an auto dialer, you can here a beep before they come on the line in the message. His fee is contingent. 1/3 of everything they collect, or 0 if they do not collect.
  7. Uperfect, I will call some consumer lawyers first, before I talk to them
  8. I feel like I have a strong case, heck it's 29 bucks lol. I am not a money monger or sue happy. I think I will make them an offer of no reporting, they pay golds gym anything they think they might be due, and just because they pissed me off concerning my son, they can pay him the 1 grand. If not....well I am not above spending more than I get on principal, we can Duke it out. I I'll call some consumer attorneys tomorrow, maybe my legal plan covers one in Denver. If it turns federal, they are close and I wouldn't have to appear most likely.
  9. LVNV and PRA both will not go to arb. They just won't. 90% guarenteed. Unless you want to pay them in a settlement, or study and learn your civil rules, you would be better off compelling arb, if available. You can get a contract online
  10. Oh and no, my bad, I didn't have access to a copy machine, I didn't copy it. They said they were in receipt of it tho, so discovery should reveal it if it would come to that.
  11. The letter said This is a cease and desist of all collection activity against my son (name inserted here). My minor son did not sign any contract. I bought a gym membership for him for 1 year, and I was the person responsible for this account. I bought the membership in Jan. 2015, my last payment was in Feb. 2016. I notified the club in Jan. That I would be canceling this account as my son injured his knee and has not been able to use it. You may contact me one more time to let me know your disposition of this account. so instead of telling me what the disposition was, they send HIM a letter that says "we have done received your letter. Here is the contract we received from Golds Gym. Please provide any more information, or pay this account. Sincerely xxxx. then the disclaimer about attorney has not reviewed it, and they are debt collectors. my bad was I did not send a certified letter telling them we quit the membership. I called them. The contract says I need to send a certified. Letter. Ok even so, the contract was up after the February. Payment, even if they did the automatic month to month renewal, it would only be 1 month for 29.00. When that wasn't paid, it was in default. Contract says there is a 9.50 late fee, and collection fee of 15%, along with allowable interest. So 29.00, plus 4.50, plus 9.50, and 10 % state allowable interest by law does not equal 350.00, plus court fees. 😡
  12. iPad apparently doesn't like dialersas a word. It changed it to diapers, and dealers lol
  13. I don't have a scanner, but no arbitration clause, no my sons name is not on the contract. So violations are 1. Trying to collect a debt from him, he's not even on the contract. 2. Violating the cease and desist, and 3. They sent the collection letter to him, I answered it with a cease and desist, stating I was on the contract, not my minor child, then they turned around and sent a DV addressed to him. 4. They called him on more than 1 occasion after they received the cease and desist. I am just a little murky on who should bring suit. My son is 18 now, so I didn't know if I could sue for violations against him since he was a minor when the contract was executed. I still have the violation against me since they sent all the financial stuff to my son, not once but twice, once was after they were made aware of who's account it was. I could help him file one on his own, but I know he would have to be the one to appear. And no, they were not auto diapers as far as I know, they left a live message after each call. (Unless the auto dealer calls, and they pick up when the phone is answered)
  14. We have no consumer attorneys here, there are sone that advertise for debt relief, but I think they are BK. I do however have a legal plan through my work, it might be worth talking to them. I may make them an offer just because I don't want it to muck up my credit, if they don't want it, then it's game on. I am not paying them their inflated price. It says collection fees are 15% of the delinquent amount. If I owed them 1 month, that's 29.00 plus their late fee of 9.50. The contract was breeches after that missed payment, so they should not be trying to tack on more. The contract says you are in default if payment is 10 days late. There is a 9.50 late fee, and if we go to collections the fee is 15% of the amount. So they get an offer of 44.00, period. They don't want that, then we will find out how the FDCPA suit will work out for them. Yes I know Gold's Gym is not subject to the FDCPA, but the lawyer acts as a collection agency, and they are. The nearest Federal court is 250 miles away, so I'll start in civil or small claims. Guess I better study up! I do have several snapshots of their phone number on sons phone, as well as a recorded message they left 3 days ago, well after they received the cease and desist. I sent that out August 29, right after we got home from vacation.
  15. Ya they pretty much wrote the contract to their benefit. Yes he has medical records ( still paying on that expense) he is still going to physical therapy. The gym should have said something when I called to cancel, such as " you need to send a certified letter" but did not. I'm cool with paying them what I actually owe, what I'm not cool with is them threatening my son by telling him they will report this to his credit if he doesn't pay now. They don't have his SS number, so not to worried they can report on him, but they will probably report on mine. Bottom line is they tried to collect from him, who was a minor at the time. Nothing is signed by him, and they have not contacted me in writing. They continued to try to collect from him after I sent them a cease and desist, I even layed out the reason that he was a minor child, and did not sign the contract.
  16. When was the judgement entered? How much was it for? Did you get a copy of all the court papers? it might be to late, but you would need to get the judgement vacated, and remanded back to court. If you can do that, you can then answer the suit, and file a counter claim.
  17. Kind of a long story, but here goes. I knew what I should of done to make this a stronger case, but I was lazy and didn't copy the letter I sent in response because I didn't have access to a copy machine, and sent it off before I could copy it. That being said here's the story. In 2015 I joined Golds Gym. January. I wasn't using it like I should, but I was paying month to month (no contract) for my son to go too. He used it all the time. So I asked them if I could transfer my contract over to him, and they said yes. That was the end of March. I didn't realize it was a whole new contract for 1 year, I thought it still ended in Jan. I signed the contract, not my son who was a minor. Fast forward to Jan. 2016. Son had hurt his knee, and wasn't using the membership. I called and told them I was going to cancel after the February. Payment (which is actually 12 payments from when the new contract was executed. Feb. payment was made, and I really forgot about taking it off my auto payments. About that time my credit card number was compromised, so the cc. Co cancelled the card and sent me a new one. Never heard from golds gym until July of 2016 when I get a letter saying I owe 350.00 plus attorney collection fees, and to pay now or dispute within 30 days. The letter was addressed to my son. i did not ask for debt validation, I sent a cease and desist letter, I told them my son never signed a contract with them, and he was a minor child. I said you may contact me once more to tell me the disposition of this collection. Golds Gym is the OC, but the lawyers also function as debt collectors. This is the letter I did not copy before sending. in the mail 2 days ago I received a letter that said here is a copy of the contract, with all the one year crap highlighted, and the usual we are a debt collector trying to collect a debt. It said we received your letter and here is a copy of the contract, pay now. This has not been reviewed by an attorney, blah blah blah. It was addressed to my son, not me. The contract enclosed is signed by me. the same day they called my son on his cell phone. His phone number was not given when we signed the contract, but golds gym did have both my phone number and my sons in their membership records. My son told them "I'm not on the contract" and they told him it didn't matter, it was his membership. They asked him for a credit card number to pay the debt. He told them "I don't have a credit card and I am going to have to talk to my mom" and hung up. so he tells me they called. I told him he was not to talk to them if they called, and to snap shot a picture on his phone ig they called again. He said "oh, they have been calling me everyday, but I didn't answer until now". So needless to say I have one snapshot of when they called him. I think they may have figured it out because today there was a message from them on my phone that asked me to call, and this was an attempt to collect a debt. so technically this is the first time they have contacted me. The cease and desist was written because they were trying to collect from my son. ( who is now 18) Questions----would the cease and desist count towards me also? And concerning the violations to my son..would I sue because he was a minor when the contract was executed, or would he have to be the one to sue? Gets a bit murky for me. Tecnically I only owe them 29.00, but they are saying my membership didn't cancel when I called, I had to send a certified letter cancelling. ( that was in the contract) so their inflated bill is for extra months until it was "charged off" plus collection fees. Sheisters I tell you.
  18. Pay the 250.00, it is much better than 6000.00. You have a contract, and an account, that is all you need for JAMS. PRA wont touch it. Then you can breathe easier.
  19. How much time is left on your Statues of limitations for this debt? Since he dismissed without prejudice, that means they can come back and sue you again if it is not past the SOL. They could come back and say "judge, we tried to work it out, but the defendant wouldn't work with us, and although he demanded arbitration, he never initiated it" Then your stuck fighting it all over again. Or they could sell the debt, and the next guy could sue you. The only way to ensure this doesn't happen is to file for arbitration, and wait for the arbitrators to close the case. Then they can't come back on you because they failed to participate.
  20. You basically write a brief. In the brief you list the facts, then make the argument. Title it "Objection to (what ever the name of that order is for state arbitration) and Interlocutory appeal". Basically what you are doing is appealing this one decision by the judge. It goes to an appellant court for just this issue. If it is granted, they send it back to your court, and the judge has to rule accordingly.
  21. I don't think it is to late, I would file the interlocutory appeal. You didn't sit on it, you were waiting for a answer to your motion.
  22. neweuquol, I tell people if they bite, then yes you will lose. But the JDB seldom will go to arbitration. The OC's may go, but usually it depends on how much is owed. One JDB said they were going to go, then backed off after the fee schedule came out. It is a bluff, and some have been called, but the ones that I have seen that were called, they won't go very far into Arbitration. Lets face it, Arbitration is for large companies, and to prevent class action suits against the big banks. The few cases where the JDB goes to arbitration, those people stuck to their guns. They requested hearings over every little thing. The jdb's dismiss soon thereafter, as the fees keep adding up, and they have to pay them. JAMS is caped 250.00 to the consumer, and 200.00 for AAA for most cases. some states they don't even have to pay that. Most states will not hold the consumer responsible for the fees, so if the JDB invests to win the case, it could end up costing them thousands to do it with no recourse for what they put out. I am sure you know being a lawyer. I think most of the lawyers here are not a fan of arbitration. But, it has worked for many people here. Arizona especially because of their business record hearsay rules, few were winning in AZ, but the ones that compelled arbitration, well I have not seen any takers there yet, those cases were getting dismissed. I guess it is about taking chances, or if you don't have a chance of winning, you really don't have anything to lose by going to arbitration.
  23. SCAM. However I might be tempted to call back, tell them you are recording the call and ask for their address so you can send a cease and desist all phone calls. Do you have any outstanding debts? Most of these type calls are scams, they tell you they are going to serve you with papers to sue you unless you send them payment right now. They usually ask for a bank routing info, or credit card, then they clean you out.
  24. go to the CFBP a government site, and find your credit card agreement. There should be an arbitration clause listing AAA as the one to administer arbitration. Piolet buys junk debt that are a couple of years out, and usually sell them off. Unfunded is still a relatively small jdb buyer. I seriously doubt they will follow you into arbitration. It will cost you 200.00 to file with AAA, but it will cost them about 3k just to get the ball rolling. Basically you have 2 choices. Fight this in court with the help of these MI posters who are very good. But you would still need to learn your state rules of civil procedure. If you have other outstanding accounts looming out there, this might be a good way to go. Or motion to compel the court to private contractual arbitration. If you win the motion (you should) then 200.00 to AAA and then wait. research both, come back with what you want to do, and we will help.