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Everything posted by shellieh98

  1. There is a list of questions pinned at the top, answer those so we can help you. Who is suing you? Last time you paid on it? Was it a credit card?
  2. If they haven't filed suit, send them a letter. Dear sirs i refuse to pay this debt. Do not contact me again concerning this matter. Thank you, me done.
  3. First you need to find the agreement for the Citibank card. Is there an arb clause? Who is it with? Once you have that info, you can compel them into arbitration. 27k is a lot of money, they may or may not go depending on how much paperwork they have. Find out about the clause, then we can help you further.
  4. yep, what ever is in that disclosure is what you need to dispute. They will send a list of witnesses or an affidavit in lieu that you will object to. They will try to list a witness as "someone with knowledge" that works for blah blah, but you are entitled to a persons name and how they can be contacted for personal service. If they do not send that, object object object. No one will be able to testify unless they are named if you object. And i would send my objections (Motion in Limine) at the last possible moment so they have no time to prepare. Read your court rules to find out how many days before trial they need to be in.
  5. only after Jams dismisses it for what ever reason. Then you can bring your JAMS letters to the court and ask for a dismissal with prejudice.
  6. So sorry to hear BMC. Just let it go. If you keep going after her, she will consume you, it will be very hard for you to move on. If you want to move on, chalk it up to lifes lesson. Good luck.
  7. ^^^^^ This is how you win in arbitration. You will lose if you go along with what they want. You need to stir the pot, and be difficult. And the more hearings you ask for on a particular subject, the more it will cost them, not you.
  8. It would be imperative for you to know the rules in Colorado. There is no discovery unless the amount they are suing for is over the threshold for your court. I can't remember what the magic number is, but if you want to do any discovery, you have to motion the court for it. They are supposed to send you everything they plan to use against you so many days after you have answered. What ever they send you in the initial disclosure they cannot supplement without a good reason. You can ask at the pretrial hearing, or you can file for arb, and let him rule on your motion for arb at the pre trial.
  9. I think Arbitration would be your best bet. Especially if you can do it in JAMS. Local attorneys usually know squat about Arbitration forums, and it would cost them over 5k just to get started. AAA would only cost them 1200 to get started, they might bite, at least at first, but there are things you can do to drag it out, and cost them more $. Jams fees are capped at 250.00 to you, and AA fees at 200.00 to you. But if they do go through with it you would probably have to pay the AAA fees if they win, vs. Jams fees, they just don't get those back. The problem is it is for a lot of money. I don't know if your county has mandatory ARB or not, some counties do, and you do NOT want the court arb. I would file with a motion to dismiss/motion to compel arb.
  10. I would file a Motion to Dismiss now. Not only are they past the SOL, and you did assert it in your answer, but also failure to prosecute. Your best bed @helpneeded would be to contact a consumer attorney that takes cases on contingency. He would know how to file a counter suit, and get money from them for you on a time barred debt. Consultations are usually free. go to NACA and find one near you. (google that)
  11. you can look up the status of your case online in most California courts. Go to the courts website, and look up your case. Yes still attend those other hearings. You should not have received a summary judgement if you answered the suit timely, and this was not a hearing for a summary judgement.
  12. 20 days is not very long. The only time I would do a motion to reconsider is if I missed my appeal window. The judge knows the rules, why he ruled against it is anyone's guess. I think you would fair better if a higher court ruled. Tie the courts hands and get it out of the courts juristriction.
  13. If you file a motion to reconsider, you will lose your window for an appeal. I would file an interlocuary appeal. The current case stays until a higher court rules on your compel motion.
  14. Don't include both agreements. Use the agreement that was in effect the last time your account was in good standing. Also, personally I would not answer the law suit, I would file the motion as a MOTION TO DISMISS OR IN THE ALTERNATIVE STAY CASE, AND PETITION TO COMPEL PRIVIATE CONTRACTUAL ARBITRATION. that way saves you from having to deny, and saves you if they decide to file a MSJ right after you answer as some jdbS are known to do.
  15. AAA will cost you 50.00 to file. Initiate it, and include a copy of that agreement to AAA tell them LVNV will be paying the rest. Send LVNV a copy of the initiation and copy of the agreement asking them to pay the rest of your fees. If they haven't filed it in court yet, it will save you a whole lot of work. If they file in court after you initiate, you should be able to get an easy dismissal from the court. Go to the AAA website, instructions are there.
  16. I think the attorneys have most of the say. In fact I think the only time midland has any say is when the attorney wants to dismiss, he may "advise" midland. Collection attorneys should know the stakes. Unless they are getting paid by the hour (most are contracted for simple suits xx dollars) they are not going to want to spend much time on this.
  17. If you file the MTD/Compel and did not file an answer, I would file a motion to vacate the mandatory arb. stated reason you have a motion that has not been ruled upon, you have not answered the complaint.
  18. I think they will drop it. Midland did not buy the debt until 2014. They are relying on heresay records, and they know it. Sending the ammended answer and counterclaim shows them you will fight. They are not going to pursue this. Then you have an option if they do not pursue of filing your own FDCPA case in small claims, or hire an attorney to do it for you. Or just let the issue die. Midland is not going to chance it on heresay records with mor than 1 in the chain of assignment. They would have to prove that payment, and would not be able to.
  19. I would tell them with prejudice or no deal. That way when you dispute it with the CRA's, they will half to take it off your reports
  20. All the amounts added together = 100% of what you owe. So take each card and assign a % to them. example 500.00 owed on 1 card, 250 owed on 1 care, and 250 owed on another card. Card 1 would have 50% of the debt, cards 2 and 3 would be 25% each. I am assuming they all have about the same interest rate. If not, you may want to pay more on the card with the highest interest rate. Now take the total amount of the money you have to go toward your debts. Pay the same percentage of what you have to each of the percentages of what you owe. In the above example, say I only had 500.00 to pay those. I would pay card 1 250.00, and cards 2 and 3 125.00 each.
  21. you can go to the court, or even look up your name online for that court house and see if a judgement still exists. If it does, you can file a motion to vacate yourself, you would need all your evidence to attach to the motion. and send a copy of it to the plaintiffs.
  22. Some OC's will go to arb, and some will not depending on the amount. it will cost you 200.00 to file, and about 1800.00 for them. but it is their agreement. I can't see you any worse off than you are now. Read your agreement first though.
  23. Most state rules say they need to respond to discovery in 30 days. What did you ask for? Look up Texas rules and see how long they had