shellieh98

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Everything posted by shellieh98

  1. you would need to file a motion to vacate judgement. look around for similar motions to get your working, and you should have rules of civil procedure in Texas that states how you are noticed for an MSJ.
  2. I guess I don't understand why your trying to get the judgement vacated if you have already paid it? I understand you were not served, and they did not serve correctly, but the time to address that was when you found out about the judgement. By paying the judgement (unless they took it in the form of a garnishment or levy, or froze your bank accounts) then it is a little late to get it reversed, ESPECIALLY since it was on a loan you knew you owed, but had not paid. I guess I wonder what it is you want out of this? They would remand it back to court in all likely hood, and then you would need to defend the suit. You could end up paying more than you have already.
  3. Look at each debt you have. Now, EXCEPT for the student loans, how many of those debts have a last payment date of may 2012 or sooner? Cross those off, they are out of the SOL, if you get sued on them, you can win. They are going to be on your credit record anyway for another 3 1/2 years. Now if you want to pay the remainder off, this is how you stretch your disposable income to cover all your debts. First take the smallest debts, and try to get a settlement for 40% or less. send each company you owe something until you get enough to pay off that settlement. If you can't then you can figure them into the equation below. Now take each debt you won and figure out its % of your total debt. Take all disposable income after paying basics. say you have 1000.00 to pay all your debt with. Now take the largest debt--what percent did you assign to it as to your total debt? That's what you pay on it monthly. So if it is 68% of your total debt, you will pay 68% of your total outgoing disposable income toward that debt. Then move on to the next, so on and so son. It doesn't matter if it doesn't meet their min. payment. You call them up and tell them this is what I have monthly. period. Tell them you will pay that amount faithfully in return they quit charging interest on balance. (depends on who owns the debt, they might be agreeable) Just plug away they will go down. Some people say you should pay off the lowest debts first, then tackle the bigger ones. You can use that plan in reverse, paying the smallest debt the largest percentage assigned to #1, and the largest debt the smallest %. As each debt is paid off, take that money and plunk it down on the the next debt to be paid off, until they are all paid.
  4. I guess they are lazy, most will file it within a week after you are served.
  5. Oh, and this is an original creditor, tough to beat. You could try taking them to arbitration instead, Discover may or may not go for it over 1500., but I hear they usually do.
  6. Yes, Colorado they always serve you, you won't get a case number until you go down and answer it. They wait until the person is served, then they file, that way ithey don't pay unnecessary filing charges, should they not be able to serve you.
  7. Why go to arb? Just file suit in court. or get an attorney that specializes in tila and fdcpa type suits.
  8. I can't stand Bernie, Hillary, or trump. Austin Petersen is looking better and better by the minute. I was a Republician, but that party left me when they voted Trump.?
  9. Where are you at with your compel for Arb? Has the Judge ruled on it? If not, Is there a hearing to hear the motion? It's been a month, so if the Judge has not ruled on your motion, and there is not a hearing scheduled, I would first go to the court and request a hearing. I don't know WA rules, so get your motion ruled on. Now the discovery they sent you. If you don't answer it, you run a risk. So I would answer every single question and admit like this. "Objection" The Defendant has an outstanding motion to compel Arbitration to the court. There will be no discovery conducted until motion is ruled upon. (or something like that.). don't answer it, not even one question, but you have to send them a response, so do it with the objection.
  10. I was never a sue happy person, but if you spent any money on this case, you might ask for any fees you have paid in court to be refunded at the very least. and everything that DZ said too.
  11. Not only that, but they are asking you for 4k. You have not been sued, you do not have any contract with this person sending, and even IF it were legit, they would still have to prove you downloaded a movie. Personally I'd tell them to pound sand, come and get me, and I'd have a nice counter suit should they try. I have a feeling they would move on to easier prey. Oh and did you check with your cable carrier? Could be a spoof er too. You would not be sued by Cox cable, you would be sued by if at all by the person who holds the copyright to the movie. Not to say it can't happen, but it is doubtful, they don't go after the little guy, they go after the ones who make the apps that allow you to do it.
  12. You would add it before the Prayer. I would personally reach out to @texasrocker also, I don't think hes ever lost one in Texas, he is a great resource.
  13. Here is a CC agreement for home depot. https://www.homedepotmeasures.com/docs/THDFinanceTermsAndConditions.pdf It has provisions for JAMS Arbitration. I find this is the fastest way to make them go away, but Texas Rocker likes the good old fashioned way, and you certainly could follow his threads and probably get thru it. You can answer the suit using the stuff above, or you can motion to dismiss/compel arbitration. study each, and we cna help you on the next step.
  14. There are easier ways to win also. Who was the original creditor?
  15. When is your trial? What evidence did they send you? Above you said they sent statements, but we need to know everything they sent you. did they send an affidavit from someone stating they have knowledge of the business records? Is this the original creditor for cabelas, or was this debt sold to a 3rd party? did you file the objection to the tele witness? for 1, they have to give you the name of the witness, not just "an employee", but actual name. did they send you a packet of evidence they called disclosure? timing is of the essence if your trial is soon, you need to write a motion in limine and file it before court, or on the day of trial with objections, but I need to know what evidence they have to help you.
  16. Well if you haven't done anything since Jan., and you have not pursued having the motion you filed heard, then it looks like your just hoping this goes away. Move on it now, or you may as well fork over the money. We can't do it for you. 4 months, really?
  17. Great advice from above. Just make sure you bring the credit card agreement, if you have already filed with JAMS, any supporting docs. Your on the right path for arb. I doubt PRA will follow if it's granted. If it's not, I would appeal that decision.
  18. If you file an answer, expect the court to order court arbitration, it's mandatory. There you will most likely lose, and have to file for a trial de novo. If it were mine, I would answer it with a motion to dismiss, motion to compel priviate contractual arbitration. GE has Arb agreements in all their agreements with Jams, so as long as you pick one that was in effect while the card was in good standing, you should be able to use it. By not filing an answer, the court and send you to court arb, it has to rule on your motions first. If it's denied, you have time to either appeal that ruling, or file an answer. There are many examples of that motion in this forum.
  19. It looks like your debt went from HCA Healthone to Beacon Medical services then sold to wakefield? Or is it several medical debts that were sold to wakefield? If its the former, I can tell you they are not going to provide a live witness unless both live in the city. Even if they provide one, the chain wont be un broken. If only Shannon Dinsdale shows, you can question her on the record keeping practices of the other 2 entities, and if she has never worked for them, all the things she testifies to is heresay, and should be sustained on your objection. All 3 witnesses would need to show for them to win. I am not so sure they will do that for 700 bucks. study each bill, look for any discrepancies. You will want to question any witnesses on these. If you don;t find any, you question them on how records are maintain, how and where they chow any payments, etc. If anyone other than the listed people show up object to them, they must name the witnesses, not say "or someone else".
  20. Let me be clear. the ONLY advantage compelling arb would be banking on they would not follow you. If they did then you would need to learn how to use it to your advantage. Ie calling for a hearing over anything and everything you could, dis agreeing on everything, and running their costs up. Past records show you can run up costs in excess of 100k that they can't recoup, but you would have to do your homework. @howucan2 has done this on more than one occasion I believe. Most JDB's will fight not to go into arb, and drop the whole thing if compelled to do so. You can file the motion yourself. File it with a copy of the cc agreement, a copy of any prior letters electing arbitratin. File that with the court, and send a certified copy to the lawyer of the plaintiff. Make sure you check with your court if you need to schedule a hearing for your motion to be heard, some courts you need that, other courts rule on it without a hearing. F they fie an opposition to it, we will need to write a opposition to that. Post the motion you found.
  21. Ya that was my point. Send a letter, they try to collect, file a suit. ?
  22. Your in luck, has a jams clause. Have you answered the suit yet? If not I would not answer, but rather file a motion to dismiss, compel arb. It is more compelling if you have your DV letter, arb demand copy to file with. i have posted a ton of the compel motion, but I can't get it right now, if you search for motion to dismiss and petition to compel priviate arbitration you will probably find it. If not I'll try and post it tomorrow