Clydesmom

Members
  • Content Count

    6,124
  • Joined

  • Last visited

  • Days Won

    116

Everything posted by Clydesmom

  1. 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.
  2. 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.
  3. 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
  4. 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.
  5. 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.
  6. 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
  7. 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
  8. 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.
  9. 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
  10. 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
  11. 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?
  12. 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
  13. I am saying it CAN be. Some states allow for pre-judgment interest. That would change the amount being sued for. Some states have limits on how much can be sued for in small claims. The Plaintiff has to choose whether to sue for less than the full debt or to go to a higher court. There are valid legal reasons that Plaintiffs sue for less than what they are owed that do not violate the FDCPA in debt collection cases. That is an impossible search criteria because the amount sought at the time of filing is less than the paperwork. I suggest you call a consumer attorney and float
  14. They are not required to sue you for the full amount and it isn't deceptive to sue for less than what they are legally entitled to ask for. It would be deceptive if they artificially inflated the amount for the suit. It isn't uncommon to sue for less. Typically that is to keep the suit in a lower level court at less expense for litigation. The goal isn't to actually arbitrate it is to get them to back down and drop it. A bad case in court is equally bad in arbitration.
  15. That is correct. You have eliminated using arbitration as an option by admitting the debt was yours when you agreed to the consent judgment. You doubled down on that by making payments for 19 months on that judgment. Also, in Texas by engaging in the litigation process you waive your right to arbitration as well.
  16. Just file with JAMS and stop splitting hairs over "who" should do it. The last thing you want is to sit there and wait for them to do it and then get hauled back in to court for a trial because YOU filed the MTC, YOU asked for arbitration, and YOU didn't file. They can then argue to the court you were not serious because you didn't follow through and it should be heard in court. Is it worth all that over a few pieces of paperwork? File the JAMS case to show you are serious. You do not have to pay immediately. Send copies of the paperwork filed and MTC to the lawyer and WAIT. If you
  17. You may have to finish them. As you said Texas is a community property state. Even though her name isn't on the deed the house could still be considered marital property because the divorce was never finalized. Despite separate bank accounts etc. it does not preclude her creditors from suing you as her legal spouse under community property laws. If I were you I would make a call to the attorney who was handling the divorce initially and find out how much risk you carry and what is the best way to protect you and your assets.
  18. I don't have a MTC for RI. There are threads on the board that have examples. You really need to start doing research on your own on defending this. I cannot be in court with you and if you get all your answers given to you from a message board you are going to have issues when you get to court. We are happy to help but you have to do the bulk of the work yourself.
  19. Velocity typically folds in the face of an approved motion to compel arbitration.
  20. DO NOT answer until you decide on the arbitration. Your answer if VERY different if you are going the arbitration route.
  21. Be VERY careful. I believe Florida requires you answer with a motion to compel arbitration in lieu of an answer if that is the choice you want to make. Search the other Florida threads before you do this because if you get it wrong then you have a hornet's nest of problems.
  22. VERY difficult to read they are all sideways or upside down. If you want that you have to send them your own discovery and demand it that way. They are not required to just send it voluntarily. You need to do this ASAP because in some states failing to do so waives your right to object to their evidence. That is exactly what they are hoping for. 95% are default judgments and easy money if they actually collect.
  23. Without knowing who is suing you giving a solid answer on how to answer is not possible. Answers are crafted based on the facts of the case not generic tripe.
  24. You do not do discovery in your answer and ask for proof of anything. If this is a credit card debt then there is no original contract and the courts know that.