shellieh98

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Everything posted by shellieh98

  1. OP said the paperwork says they served him personally in march, in Kansas. He moved to Missouri the December before. Moving Target- Did they serve the address you used to live in? Do you know the people that live there now? You will have to search your state rules on residency. In Colorado you are considered a resident after living here 6 months. You need to see 1. how long before you are considered a Missouri resident, and 2. What Kansas has to say about residency. You would need to file the motion to vacate to the court that granted the default. You can call that court clerk and see if they allow filing by mail, some courts do. Has it been less than a year since the default? If so you stand a much better chance of getting it vacated. Write a motion to vacate, just like a brief. list the facts of the case, then in the body explain why it should be vacated, followed by a prayer at the end.
  2. Is this small claims court, or county civil? Citibank has arbitration clauses that would work really well here, but they are exempt if it is small claims.
  3. Nope. If it's in an account, they can take it. How much is owed now? About the only thing you can do is file for bankruptcy, they would give it back to t be court until your be goes thru, o r its dismissed. It's up to the be court if you eventually get it back. or you could try to set up payments with them. Those are your choices
  4. Depends, if your sole source of income is SSI, then no they can't. Otherwise I am afraid your stuck. i would close they bank account and open one thru somewhere like PayPal. Harder to trace. It will buy you time until you get this figured out. were you served? If not you may be able to get the judgement vacated.
  5. If jams was in the contract and the judge didn't specifically rule AAA had to d o it, I would file with jams. Otherwise I'd ask for a dismissal. If midland steps into the oc shoes, it means they have to abide by the contract. It is not your problem midland simply doesn't comply. If the judge were to rule to maintain jurist diction, I'd file an intralocary appeal, you as the consumer are entitled to arbitration.
  6. You said you filied with AAA, when plaintiff didn't respond, what did AAA send you? Was it that letter that says they will not arb with midland because they owe them from prior cases? iF so Id ask the judge to dismiss, or tell midland to pay their bills so we can proceed.
  7. @shan1111 How did your court date turn out? http://www.creditinfocenter.com/community/profile/171401-shann1111/
  8. Kind of limited on time here 2 days before court. That being said....if the ONLY thing they have sent you is the summons, and the affidavidt, you have an excellent chance of beating this. When you go into court you ask the judge to dismiss for lack of standing. You do not recall this debt, and have no records of this debt. The plaintiff will try to get you to admit to the debt. Don't, you owe them nothing. You tell the judge the affidavidt from Chris Meeks is heresay. You tell the judge the plaintiff did not send you anything to show that they bought any debt connected to you. If the plaintiff tries to submit any bills of sale, you say "objection, heresay, and plaintiff failed to send this prior to trial". They need a bill of sale from each company as well as affidavidts from each company saying the account is true and correct, and was reviewed at or near the time of event. They won't have it. If they try to introduce the affidavidt, you say "objection, heresay" the affiant did not work for the OC, the plaintiff failed to send you a witness list where you could subpoena the affiant. If that is all they sent, I think they are relying on you not showing up to court. When you do they will want to settle, and you tell them ok, the deal is they can either dismiss with prejudice, or you are prepared for trial and will ask for your court costs back when you go in and win. I doNt think you have much to worry about if they haven't sent you anything.
  9. I don't agree. Settling for less shows you want to pay your bills, but did not have the means at the time to pay it in full. Now if you go apply for a loan 2-3 months later, yea it might not look good, but 6 mo or a year down the line says you pay your bills, and if you can't, you don't just not pay.
  10. And no no, they had to send you and itemized statement on what they used the security deposit for. I tell my parents who have rentals to make sure and send out that statement. They think if the tenant moves out in the middle of the night and breaks the lease they can keep the deposit. ( California you can) colorado is different. Even if you owe them 5 thousand in back rent, they have to give back the security unless it was used for damages, and they sent a statement by 60 days. No keeping it for unpaid rent or breaking leases, common misconception here.
  11. Colorado is stupid, we don't have accesses to online dockets like most states do. We have to pay a 3 rd party site to do a search. It is easier if you go to that county court and ask the clerk to search your name, and your EAS name
  12. @yescats I would go to the court house and get your motion set for a hearing. Keep in mind that the mere filing of the Motion to Compel has no legal effect. The matter must be set for hearing and a ruling obtained and an order entered to give force and effect to the ruling. It is advisable to bring an order with you to the hearing so the order may be entered immediately after the hearing. Orders that are not entered on the day of the hearing will invariably result in disagreements as to the rulings, arguments as to the form of the order and even further delays. Reasonable notice of the hearing must be given and the hearing must be coordinated with opposing council. So if you go to the court ask for a hearing, if they have one you can request your motion be heard at the same time. Or call the plaintiff and ask when a convenient time for a hearing for them would be within the next 2 weeks. At any rate, you need to notice a hearing in Florida.
  13. @LunarMom you motion looks pretty good, but I didn't see the agreement you were using. Make sure in the motion where you quoted the agreement, it is exactly what the agreement you have says word for word. Also I read up there that they agree to pay JAMS fees in that agreement? If so add that to your motion, quote it and ask that portfolio initiate JAMS proceedings or pays you the 250.00 in up front fees so you can.
  14. oh ya and it is easier to file just one motion to dismiss and compel than it is to have to come up and answer the suit on top of that. a big plus for newbies.
  15. Correct. The only advantage to filing a separate MTC and an answer is if the motion is granted, the case is stayed, and you get a dismissed with prejudice they can never sue you for that debt again. You can also ask for your fees back--cost of what you spend answering the suit. If you motion to dismiss instead of an answer, they could dismiss with out prejudice--but to me it wouldn't matter because they cant take me back to court, they would still have to go to arb. In my state I have to pay to file an answer, but I do not have to pay to file a motion. So if I file a motion to dismiss in lieu of an answer, I saved myself 225.00 Every state is different. Check and see if you have to pay to file an answer, if so you might be better off filing the motion to dismiss in lieu of an answer. Some states charge to both answer and file a motion. each is different.
  16. You want your compel motion to look just like the court papers you got when you were served. So you know legal stuff on top on who is suing who, then a title said something like "notice to appear" or something, then paragraphs below telling you you are being sued, and your next steps. That is the format.
  17. I couldn't read your compel motion because it won't load in my browser, but.... I would file a Motion to Dismiss or in the alternative stay proceedings, and Motion to Compel Private Contractual Arbitration" long title I know. I would do that instead of filing an answer, that way 1. you don't have to answer. 2. If they do not initiate Arb after the motion is granted, when you go back you can get it dismissed with prejudice, 3. They may just decide to dismiss it and tell the company they need to go to arb. If they don't, they won't be able to file in court again. 4. I just think it is an easier way to go.
  18. Look in your court rules. Do you need to ask for a hearing to have your motion heard? Some courts rule on motions without a hearing. find out, if so ask for a hearing, if not, wait for the judge to rule on it.
  19. gonna miss you gwheel, you don't need to resign completely. still stop in. no surprise they printed stuff out from CIC, they hate sites like ours.
  20. Depends. many collection agencies or jdb's assign new account numbers when they transfer over the account. did they send you anything about assignment? like a bill of sale from cap one to collection, or an affidavit that says they have assigned your account to collection agency? If not, you could win this just because they have no right to collect. I would suggest you search out other Ohio posts and start studying. Have they sent you any evidence? Have you asked for any production of documents? If you have not asked for anything, you might want to look and see if your CC has an arbitration clause, then file a motion to dismiss/motion to compel arbitration. If they don't you would need to sudy your rules of civil procedure, posts from here, ask questions as you go in this thread to try and fight it.
  21. It can hurt because it resets the sol. So don't pay unless your going to pay it off. Settling for less than full amount is no worse than paying it in full if you can't get a pay for delete. As long as the balance is zero when your done, doesn't matter. Also, Your accounts are too recent for you to not worry about getting sued. They usually let the interest accrue up, and sue during the last year or so before the SOL is up so they can collect as much as possible, and they figure this gives the person time to recoup, so chances are better they will have a bit a money for them to get.
  22. I would go to the court and get a copy of the judgement. It will tell you what the interest is. Iowa has a max. rate of 5% unless a higher rate is agreed upon in writing. You won't get anywhere with an appeal, only if you were never served, then you would file a petition to vacate judgement. They would have to prove their case from scratch. If they vacate and dismiss, your sol may be up, but most the time the court will vacate, and you have to fight the case from there.