Clydesmom

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Clydesmom last won the day on October 12

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About Clydesmom

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  1. The answers to the questions are still important but if you are being sued in GA is this in Magistrate Court and what county?
  2. No but it doesn't matter. Discover doesn't care about the costs of arbitration and will follow all the way through to the end including appeals. They are second in tenacity only to AMEX if not equal to them. I recall at least one previous thread where Discover got ticked off at the consumer who started arbitration and refused all settlement offers. They very much do exist and are registered in Texas. My guess is your search isn't using the same terms as how they are registered. They sue in TX all the time. In fact they are quiet aggressive about it.
  3. Given there really are not any defenses to an OC suit yes, settlement is often the best approach. There are windows in which you have greater negotiating power. Research threads on Discover and arbitration and you will learn what they are.
  4. Nope. The jpeg of the papers they were served with indicates Texas 192 rules which means District/County court. Zwicker is starting to use the state level to avoid having to get permission for discovery and to force pro-se defendants to have to follow ALL the rules.
  5. The clerk is correct. You must file an actual answer to the suit. The MTC is an entirely separate motion. You can file both at the same time but they cannot be combined. Answering the suit and filing the MTC are not discovery. Justice Court requires permission from the court to do discovery. Some Justices do not grant this. Also, District Court is formal and follows all the rules of civil procedure which can be very over whelming for pro-se defendants. There really are only 2 defenses to a lawsuit by an original creditor: identity theft and the SOL being expired n
  6. No. Georgia does not allow filing motions in advance in Magistrate Court. All you need to do is file the pre-printed answer form. Everything else is done the day of trial. A bad case in court is equally bad in arbitration. The goal is not to actually arbitrate. It is that arbitration is so expensive (more than the debt if they win) that they drop the entire collection effort including the lawsuit.
  7. Are you being sued in Magistrate Court or State Court? If the case is in Magistrate then Gwinnett has pre-printed answer forms. You simply check off "Deny" and give it to the clerk. They will stamp it received and give you your copy back. You will be notified within 30 days of when the trial date is. You do NOT file a MTC arbitration in advance in Magistrate Court. Research the GA threads and there are samples formatted for GA Magistrate Court for MTC arb. Create one with your case's specific facts and have 3 copies on the day of trial.
  8. This is why they were able to successfully convince the arbitrator that the case was frivolous. The advice here (myself included) as always been the goal is not to actually arbitrate but to make it so expensive they go away. Well, one JDB got smart and turned the tables. When you use the terms in the contract providing arbitration to negate the terms in the contract to pay the debt you owe solely based on expense of the action then that is a frivolous claim. The other adage that is often repeated (more so with OCs) is that a bad case is court is equally bad in arbitration. If you read
  9. No. Go to the Magistrate Court and they have the forms to file your answer denying their claims. You can read about it here: Magistrate Court Bulloch County You only have to check off "deny" no other information is required. File the answer this week. The good news is the court is closed until March 29th due to the pandemic. You need to file a timely answer to they don't get a default judgment. Then NOTHING will happen until next year. You should get a letter from the court explaining this. Your card agreement does not make arbitration possible per the terms. HOWEVER, you co
  10. The Plaintiff filing based on a court order initiated by the defense would not overcome the argument that the case is frivolous in arbitration. Here is my thoughts: all any JDB needs to do is research threads on this site alone to know that the MTC is not about arbitration of the case in a neutral forum it is about making it so expensive that the Plaintiff drops it. That alone makes it frivolous. Who initiates the case with JAMS or AAA is not relevant. Who compelled it and why IS.
  11. You would lose. GA Magistrate does not allow this and you REALLY need to stop giving advice given your lack of knowledge of that state/court and procedures. Magistrate Court has VERY specific rules and trying to go outside them is a rubber stamp to a judgment. Okay, so problem one is that is one of the rural "good ole boys" courts. Chances of defeating it at trial are not good. The good news is you can settle at any point. Here is what I would do: First ignore @Robby8900 as he has NO legal knowledge of GA, Magistrate Court or the procedures. I doubt he could even find GA or Bul
  12. Except in cases that are in small claims court. Credit One has a carve out exempting all cases filed in small claims court from the arbitration provision. Essentially their debt collection cases. If you are being sued in Magistrate Court in GA then that is small claims and the carve out would apply. That means you will have to defend the suit. You would need to call the clerk and ask. With the covidiocy it isn't possible to determine what their policies are now without contacting them. The court in most counties has a pre-printed answer form that you can simply check off "d
  13. Eventually one of them was going to call the bluff and ride it out to the end. The question now shifts to how long before they all start following in and using the patently frivolous defense to get the fees awarded to them?
  14. Scam going back several years: https://www.onlinethreatalerts.com/article/2018/9/14/the-national-credit-collections-legal-notice-scam-created-by-cybercriminals/ To point out red flags specific to the latest email: It is only valid TODAY. Most legitimate settlement offers are good for 14-30 days. There is also no required opportunity for the consumer to dispute the debt under the FDCPA. Clearly English is NOT their primary language based on their terrible grammar in the entire email but worse in this sentence. Second: Arrest warrants are NEVER served by email. LMAO. T
  15. Hello. I am involved in a case with a JDB in Illinois. At my last court appearance the judge told me I did not have to file and answer and he dismissed the law firms motion for me to have to file the Answer and to Compliant and for Leave to Issue Limited Written Discovery. The judge ask the attorney to file paperwork so that he could get the case on its way to arbitration. I was told by the judge that I would be contacted shortly via a postcard when arbitration was ready. The JDB lawyers called today wanting me to enter into a settle for payments, which I have read it is not a great option, I told him that I could not agree to anything but if they wanted to send me a final offer, then they could and I would review it. At this point, I thinking that if they are contacting me again then they may not be some confident with their case. What is my next move?