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Everything posted by Clydesmom

  1. Pump the brakes on arbitration for a second. You said: Are these business credit cards with a personal guarantee to only personal cards? The reason is if they are business debts then the consumer rules for arbitration will not apply and the costs get split between both of you and it can get really expensive very quickly. Arbitration is NOT the best option typically for business debt. The other major issue is the FDCPA does not apply to business debts. Chances they go lower instead of suing are slim to none. 16% on a five figure debt is as good as it gets. I would grab t
  2. Get ready for the lawsuit. The reason the account dropped off on it's own is because PRA is getting ready to sue and removing it temporarily eliminates the possibility of a counter claim. Cap1 does not have arbitration and PRA does delete if you pay/settle. It might be best to settle this account first so they don't add it back on and you don't have to fight a lawsuit then start the rebuilding process.
  3. 10 years ago sure. These days no. That is an old technique that used to be effective in the days before digital records. Now they do investigate but the chances it gets removed based on a template copied and pasted from the internet riddled with errors and demands are slim to none. In fact, a badly worded dispute can actually cement the trade line to your report to the bitter end. If you share the basic facts about the trade line you can get specific advice on how to deal with it.
  4. Not only have my thoughts not changed they are reinforced. I would file a response to their opposition based on @wernda1234post and vehemently opposed to their getting a trial date at this point. I would also look in to laches in that they waited far too long to pursue this. Specifically in response to #6 I would state that while the circumstances are sad they have no bearing on the case or counsel's failure to adhere to court procedure in requesting a continuance for the first delay or for neglecting the case for an entire year after returning from medical leave. As to #8: irreleva
  5. Their personal problems are not yours. I would aggressively defend my motion to dismiss for failure to prosecute. Out of 4 attorneys in the firm ONE could have handled the matter and should have.
  6. Who is the creditor for the card? Capital One removed arbitration as an option over a decade ago. Several others have it in there but specifically put in a carve out for debt cases and/or small claims court cases.
  7. They are not required to give you any notice before suing you. I believe it is called "pocket docket" and @WhoCares1000is our resident Minnesota expert. Hopefully he weighs in with his knowledge. Arbitration is not an option for you. Cap1 removed it from the contract over a decade ago. You either have to settle or litigate.
  8. I had the exact same problem starting in 2009. I got the mobile number of someone who owed everyone on the planet money. 80% of the calls ended when I informed them that the number had been transferred to a new subscriber. I had nothing else to do on those. Of the rest I did have to send a cease and desist stating the number no longer belonged to Jesus Rodriguez and that I had no relation or connection to him to back up the verbal conversation on the phone. Those calls stopped after the CMRR letter was received. One kept calling my job and the head of Security got on the phone and tore t
  9. Don't fall in to the same trap that many other consumers do about how much money they are spending to chase this. Typically they pay a flat rate fee to the local law firm to handle the entire matter. Worse: attorney fees are typically part of the judgment so in the end the consumer pays the fees. As you should. They are after the 97% default judgments. You could get lucky and they dismiss. Not everyone has what it takes to handle the stresses of court but if you do fight to the end.
  10. That IS the real debt. The terms and conditions for the card explain all of those charges, interest and fees. Under contract law they are legally entitled to all of it not just the actual debt for the charges made. Beside paying it you can file bankruptcy. No. OH is a very creditor friendly state. It has one of the longest statute of limitations to file a debt collection lawsuit and their judgments are good for 20 years and can be renewed along with the post judgment interest. This is basic contract law. The courts do not have the power to do what you are asking.
  11. The FDCPA does not apply to an OC. There are a few states that give their residents similar rights under state law. Two are California and Texas. I do not believe OK is one of them but your research would reveal that. ANY violation from 5 years ago would be barred by the statute of limitations now. Even the FDCPA has a one year SOL on pursuing a violation. They are not required to notify you prior to suing. Some do but like the violations only a handful of states require a right to cure or notification prior to suit. Florida and South Carolina are 2 that I know of. All c
  12. What you owe is not just the $282. When you stopped paying they added $39 per month late fees, over the limit fees, and interest which adds up quickly to the $800. The terms of service for the card agreement spells that out. It doesn't mean you can't settle for less but the chances they settle for $282 are not good. Unfortunately now that they have sued you have no choice but to deal with the lawyer at Stenger & Stenger. I believe LVNV has a policy of deleting the trade line after being paid but double check on that part.
  13. Yes. If the courts ruled on the case based on the merits and found for the Defendant that they do not owe the debt the defense in a second suit would be res judicata. Latin for the courts already decided this issue. If the Plaintiff or court dismissed without prejudice then they can refile and res judicata does not apply.
  14. In the other case I helped on the I gave the poster here the discover to demand (we will get to that if it goes that far) and the provider never answered. When they went to court the poster was ready to defend it based on our discussions here. The provider's lawyer actually showed and the Judge shredded him for not answering the discovery and filing a frivolous case. These cases do not come up often where a provider screws up this bad but when they do they can be won.
  15. This is my opinion but I helped someone else on here with a similar situation (not identical) and it worked they won their case. One defense I would raise is a failure to mitigate damages. In this circumstance all they had to do was file the proper claim with the insurance carrier that mandated you use their office. Their failure to submit the claim timely despite multiple requests to do so should not be your financial injury. This next one is novel but could work: a laches defense. This basically means they waited too long to pursue this. Their failure to file the claim timely me
  16. First and foremost who is the creditor or original creditor involved if the debt was sold? Second: charged off is merely an accounting term and has ZERO relevance to the debt being owed. If you enter in to a payment arrangement the creditor will want what is known as a consent judgment. That means if sign an agreement to make the payments for how much and how long for a total amount BUT if you default again they do not have to sue you. They can simply file that document with the court for an automatic judgment. If you do this make darn sure you can afford the payments. The jud
  17. Then BK is definitely not a good option. Settling or arbitration is.
  18. You need to either hire a lawyer to represent you or defend this yourself. First you need to file an answer to the suit within 20 days of the summons being served upon you. Scott & Assoc is the law firm representing BoA they did not purchase the account they are the law firm of record. BIG difference. BoA as an original creditor has ALL the records they need to prove their case. The law firm sending you every statement for the duration of the account is not a good sign for you. If you have significant debts in addition to this one you might consider consulting a bankruptcy a
  19. NO. You steadfastly REFUSE to disclose what state this is in or any details that make that possible. Add to that your arrogant argumentative narcistic nature and I doubt anyone here is going to go to any great lengths to assist you.
  20. The goal is the default judgment. Statistics have long shown that 90% or more of defendants sued by creditors do not even bother to answer the suit let alone defend it. If the JDB pays pennies on the dollar for a pool of defaulted accounts and they sue for half and get default judgments in 90% of those the collection could total more than the entire pooled debt. Once they have a judgment they can garnish wages in all but 8 states and levy bank accounts in all states unless the funds are exempt. Not only does the judgment entitle them to the full debt but the costs of suing and collecting a
  21. The bigger question is WHY did you once again do NOTHING for 3 years? You were very fortunate to have the last judgment vacated due to the complete incompetence of the court and the MTC approved. Once that happened and you reached the one year point from the granting of the motion WHY did you not file a motion to dismiss for failure to arbitrate? You really need to consult an attorney ASAP. There is a small chance you can get this vacated again because of their failure to properly serve documents to you. This case has so many problems you need competent legal advice to sort it out.
  22. WAY too late for that. Midland can ignore it and you have no claim if they do. Who is the original creditor?