Goody_Ouchless

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Goody_Ouchless last won the day on July 13

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About Goody_Ouchless

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  1. Goody_Ouchless
    I can't wait until the next lawyer uses the old "arbitration can be veeeery expensive line," and someone can now say, with total confidence, "yea - for your client, Bozo."
  2. Goody_Ouchless
    Thank you so much for providing an update! That has to be chilling news to places that keep trying to recoup fees.
  3. Goody_Ouchless
    That's awesome - is that first FDCPA violation we've seen sanctioned for taking action in court after MTC? It seems like we've seen other places try that, but I guess it's more common to seek MSJ with MTC pending.
  4. Goody_Ouchless
    That line just means that there is nothing else pending in that court. Now you appeal since the judge ruled in error.
  5. Goody_Ouchless
    "A frivolous case is one that is groundless . . . with little prospect of success; often brought to embarrass or annoy the defendant." United States v. Manchester Farming P'ship, 315 F.3d 1176, 1183 (9th Cir. 2003) (citation and internal quotations omitted).
  6. Goody_Ouchless
    It's what I would do, but I'm insane. Others will argue, with eloquence, that the Supreme Court limited a consumer's exposure in these matters. My argument is based on the fact the election of arbitration, as advised on this site, is inherently Frivolous. Discuss...
  7. Goody_Ouchless
    Unless things have change, I believe every Texas case starts with a "General Denial" as the initial Answer - like there's a form with a big General Denial box to check. Everything else is then handled through motions. Interesting case, as this law firm is the one that one than folds to pretty much any answer and PRA is currently following to arb in a couple of cases.
  8. Goody_Ouchless
    This is the second PRA case currently in arbitration. This one had a change of council. If PRA has decided to derail arbitration as a quick way to skate on debts (as OCs like Amex and Discover have been doing for years) then the erroneous court filings make sense if this is a new policy. They may have many cases that came from court and ended up in the "let's go to arbitration" department.
  9. Goody_Ouchless
    Which is kind of what happened in the Unifund case in Indiana. Two cases got mixed up and mistakenly mingled, but in the end the arbiter basically concluded that the two cases were about CC debt disputes between the same two parties, so he just ruled on everything, essentially using common sense.
  10. Goody_Ouchless
    I'm thinking that PRA would argue "we're already here, and this isn't about any claims brought against us, so let's keep this case going." They would also scream FRIVOLITY in order to recoup. Very interesting to see what happens when the bills start piling up.
  11. Goody_Ouchless
    I still want to know what would happen if OP told AAA the he wished to withdraw dispute and close the case. Does AAA let PRA keep the case alive, or are we back to square one?
  12. Goody_Ouchless
    Exactly - the case was dismissed, not stayed. If Unifund wants to do this again, they start over from the beginning - and they already admitted they are bound by arb clause. I would just let this go and expect to not hear from them again. Read the Indy case if you want to see how badly this can turn out if it goes sideways.
  13. Goody_Ouchless
    How so? The case is dismissed so it's up to the plaintiff to continue. They know that OP will elect arb, so why bother suing again? And electing arb, up front, and asserting claims has been shown to paint plaintiffs into a corner where they feel they have to pursue arb to the end - exactly like Unifund did in that Indiana case earlier this year.
  14. Goody_Ouchless
    Doctors and nurses became the subject of Hero Worship - same as army people after a terrorist attack. Front line heath care workers want the world shut down because they can get sick and die from Covid, whereas the risk to themselves isn't terribly high when treating the victims of a car accident, for example. One of many places where our response was botched was by not pushing back and saying "if you don't want to be a Doctor in a pandemic, then become a dentist, or a go stock shelves." I'work in health care and try to have these discussions - it's not easy - I've been called a "stupid, selfish ostrich with my head in the sand." Fair enough, but I'm doing the Happy Dance that restaurants here are opening on Monday!
  15. Goody_Ouchless
    Let them run up their arb costs and then BK - they deserve to be taught a lesson on this one.