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Goody_Ouchless last won the day on January 8

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About Goody_Ouchless

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  1. What do your rules say about failure to prosecute? In most places that case would have been closed due to inactivity.
  2. JAMS used to be preferred because it was more expensive, but that may have changed. I believe AAA has clearer language saying that you can never be stuck with more than $250 in arbitration cost. Ultimately it doesn't matter since Midland won't arbitrate, period. I'd say JAMS just because that seemed to make the lawyer mad...
  3. If you go to McDonalds, order a burger for a dollar, and then only give them 50 cents, they will refuse the 50 cents, not give you half a burger and keep the other half warm.
  4. Typically the judge will ask you both to step into the hall to give you a chance to agree to a payment plan. If that doesn't work, you will go back, be found guilty and have a judgement.
  5. I totally understand. My mortgage amount has changed, which I didn't understand, but, instead of assuming fraud, I tried to understand the change. I found that things like taxes and insurance are estimated and broken down into monthly portions, with excess being placed in an escrow account, and shortfalls taken from that escrow account. This is to keep the mortgage payment as consistent as possible. In my case their estimate of tax and interest for the year was wrong, so they temporarily raised my mortgage until the escrow balance was corrected. I didn't expect my payment to change, but I discovered there was nothing criminal behind it. My payment eventually went back down. Today I noticed that it is slightly higher than last year.
  6. Since the plaintiff has all they need to prove their case, it seems that a Motion for a More Definite Statement will merely act as a reminder for them to provide the court with an avalanche of supporting documentation. Unfortunately, the best you can hope for against an original creditor is some kind of settlement.
  7. Didn't Unifund follow a year ago in Indiana? That case was strange, because there were two CC debts, and the debtor did a "pre-emptive" arbitration on one of them and arbiter allowed the debts to be joined as one case. The outcome of that was a full arbitration with Unifund emerging victorious. Other than that one case, Harry is right - they never follow. Plus, the other case was for over 20K, as I recall.
  8. Looks like Credit One has a clear small claims carve out, but no other restriction. Appears OP has started another thread and is going down the doomed road of discovery.
  9. This will explain the first bill of sale: What are the other four bills-of-sale?
  10. Congratulations! They won't follow to arb, so you won. @fisthardcheese should have a definitive answer, but perhaps contacting the lawyer and offering a mutual walkaway and dismissal with prejudice might work. Otherwise, yes, I believe you continue with AAA so they can't come back and say you weren't serious. My understanding is that a pro se is to be treated just like another lawyer, yet we see so many of these cases where the plaintiff's lawyer lies about the defendant's cost of arbitration. If they did that to another lawyer they'd probably face sanctions.
  11. We got letters from Northstar - they are just a collection agency. When they sue, it will be Discover.