Harry Seaward

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Everything posted by Harry Seaward

  1. My apologies then. I had told someone it was a waste of time and they did it anyway. They had also sent in a dispute notice (or maybe it was a notification to use arbitration) at the same time and their entry came off their credit reports. This person attributed the item removal to the CFPB complaint, however it's very common for debt collectors to remove tradelines while an item is under dispute or legal action, which arbitration would be. Anyway, if that wasn't you, sorry for the mix-up.
  2. Have you checked your online court docket to see? It would be unheard of for them to sit idle on a judgment for 15 years and then decide to try to collect on it. At the very least, they would have had to go back to court at the 7-year mark to renew the judgment.
  3. There's no requirement for the CRA to report the PP. The only requirement here is that the puller actually have PP. The only way to know if they do is to ask them or sue them and get the info through discovery. The problem with the latter option is you could find yourself slapped with their legal costs and fees in defending an action in which they did nothing illegal. Unless you're trying to set up violations, a DV is a waste of time since they can't sue you and only tips them off that they have a warm body on the other end. Otherwise they can't continue collection activity (letters, calls, etc.) until they validate, and each attempt pre-validation is a violation. You can toss any letter from them in the trash and not think twice about it. You can respond and tell them you refuse to pay the debt and that you do not want them contacting you. If they keep contacting you, you'll have an FDCPA violation against them for each contact (still only a max of $1,000 no matter how many times they violate). It's been a while, but i believe this notification from you must be in writing, so if they call, you can just not answer or hang up on them. Or you can pay the debt if your conscience so dictates.
  4. While your old debts may be past SOL to sue, you technically still owe them unless they were paid or settled.
  5. There isn't because no two vehicle financing contracts are the same. The length of the loan, interest rate, amount being financed and monthly payment are all fundamental parts of each agreement, and those things will always vary between agreements. Since the agreement wasn't attached to the complaint, the only way you can get it is if they turn it over in disclosure (they are supposed to do this) or you ask for it in discovery. The potential problem is that, depending in how your state has ruled on the issue, participating in discovery could be considered a waiver of your right to use arbitration. At a minimum, i would include arbitration as an affirmative defense in your answer. That will possibly preserve your right to use it if you end up having to ask for the agreement in discovery.
  6. What does your agreement say about who initiates arbitration? And does it say they (Midland) will pay your fees if you ask them to?
  7. All they have to say is that you were sent a copy of the agreement when you opened the account, so you should have known what was in the agreement.
  8. Best thing to do is start your own thread to keep things from getting confusing.
  9. They will probably get permission from the court for alternative service (usually regular mail to last known address). They'll get a default judgment and, if she has no business dealings here in the US and isn't married to anyone still living here, nothing more will come of it.
  10. You lose nothing by trying. If the court says no, you pick up right where you left off.
  11. @skipperd I didn't make this very clear, but you want to file the motion to dismiss instead of an answer.
  12. It would have been better to wait to open the JAMS case until after your MTC had been granted, but you're close enough now to the hearing date that JAMS will probably hold it open for you if you let them know what's going on. Otherwise, there's not really anything for you to do until July 10.
  13. Yes, as evidenced by the fact it accomplished nothing. Your last letter told them what your next steps would be. Why did you make those threats if you didn't intend to follow through?
  14. What you've been working on is your reply memorandum. It is your opposition.
  15. Check out this thread. Is pretty recent and details his settlement experiences with several different creditors. Granted, he proactively sought out settlements and all of his dealings were pre-lawsuit. I'm absolutely certain that is the reason he had the success that he did, so i wouldn't expect identical results after being sued. https://www.creditinfocenter.com/community/topic/330797-my-debt-settlement-275k-journey-ongoing/?tab=comments#comment-1378661
  16. Does it say anywhere that, in your opposition, you specifically need to controvert each individual factual statement made in the affidavit?
  17. Check your court rules to see if you need to make a specific response to this, but usually a SoF is a separate document filled with the MSJ that has numbered paragraphs. 1. On xx,xx,xxxx defendant applied for and opened a credit account with ABC bank. 2. Defendant caused or otherwise allowed charges to be made to said account. 3. Defendant failed to pay the full amount due despite repeated demands made to this effect. Etc, etc, etc. Then you would file a CSoF addressing each itemized claim.
  18. In addition to what @Brotherskeeper mentioned, a lot of states require a Controverting Statement of Facts wherein you, line by line, admit or deny each claim made in Plaintiff's Statement of Facts that would have been filed with their MSJ. If there is no SoF in the MSJ, there's no need for a CSoF.
  19. Got it. The way you presented it, it didn't look like you were citing caselaw. It said "entitle him to judgment", like you were saying you were entitled to judgment.
  20. I agree on filing the answer now. You can file the MTC later once you get the copy of the agreement. 50 days should be plenty of time to get it, but if you don't have it in 30, I'd file a motion for an extension or enlargement of time, whatever it's called in TX.
  21. Agree with @WhoCares1000 that an agreement not in writing is no agreement. And making payments doesn't prevent them from exercising their right to sue for the full amount. It's crappy business model, but they are within their rights. If you are not located within the jurisdictional boundaries of the specific JC where they filed the suit, you should file a motion to dismiss based on lack of personal jurisdiction. They will have to pay the filing fee and costs of service again so, while it probably totals less than $200, it gives you a little bit of leverage to negotiate a settlement, but get it in writing this time.