Goody_Ouchless

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Everything posted by Goody_Ouchless

  1. 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. Thank you so much for providing an update! That has to be chilling news to places that keep trying to recoup fees.
  3. 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. That line just means that there is nothing else pending in that court. Now you appeal since the judge ruled in error.
  5. "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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Let them run up their arb costs and then BK - they deserve to be taught a lesson on this one.
  16. Ha - I was wearing a mask at the store just to keep others from freaking. Harry and I have been lucky, as people around here seem to be keeping calm - most people I've met on my daily shopping excursions have been in good spirits, and if someone is out in their hazmat suit, folks tend to give them a wide berth. Still makes no sense that I can hit a half dozen nasty Goodwill's, but I can't have lunch in my usual restaurant.
  17. Most interesting part of this exchange is that no one has responded in horror to the suggestion that this was all self inflicted hysteria. I wonder how they phrase the poll question that shows this vast majority that would prefer to maintain this state of affairs. There will be some people (I know one, personally) that will never leave the house again, but she was a hypochondriac before all of this - our "lock down" just provided the perfect justification for inflicting her madness on her poor husband. I would bet (no pun intended) that when my favorite casino in Laughlin, Nevada, reopens that it will be tough to get a room.
  18. ...yet they cancelled the Spelling Bee - probably the safest possible event - I'll call it a sport - and one which would be such a sign of hope. If I had an NFL team I'd trade away every draft pick on Thursday - if Bee is too dangerous, there certainly isn't going to be football this season.
  19. This, combined with the fact that the overwhelming majority of problem cases are confined to a known demographic (age, certain chronic health issues) makes the continued destruction of the economy a travesty. People in the non-risk group will die at the same rate as those who contract an infection after cutting their finger on a winning lottery ticket.
  20. Insane that we had a stimulus designed for a two week lock down in answer to a condition that required a two year lock down. Message should have been "if you don't want to get sick, wrap yourself in plastic and hide under your bed. If you don't want to be a Doctor, then do something else. As a 'civilization' we decided to not take the threat of pandemic seriously, so now we live with it - same as if it was a meteor strike." Still really kind of amazed that Putin didn't take that stance: "Russians are used to suffering, so let's stay open and pick up the pieces of what's left everywhere else."
  21. History gives us some idea of how long things like that take, and it does not appear the economy, or our sanity, can survive until then (2022, but estimates I have read). Unfortunately it feels like one of these "Open Now" protests is going to go sideways and that's when the levee breaks. They'll get as tired of horn honking as I already am of reading about it...
  22. May be off topic, but I'm curious how many of you are scared of the virus, itself. I know people that haven't left their homes in over a month, and I know people that are going to need a return to normalcy in order to recover from their non-stop house parties. I, personally, don't fear it at all. I have an old N95 that I use for yard work, which I will wear in stores just to keep others from freaking out. I've found Home Depot to be the most "normal" hang out - people are in good spirits and clearly have no intention of buying the lumber they are browsing. Was surprised to see a couple idiots arguing at the golf course yesterday - they really don't need any "incidents" that will summon the wrath of the Mothers of Prevention.
  23. Sorry that this sucks, but stories about stimulus dough being grabbed by everyone from Midland to your corner Credit Union confirms what others have said.
  24. ...or he knows they have no intention of following further and is trying to scare the OP be making arb look "really expensive." Basically throwing everything at the wall because he knows none of this is getting arbitrated, regardless.
  25. I think what they will argue is that they won't object to it being part of an award. Walking a fine line by saying that they aren't seeking it from you, but rather from the arbiter: "Under no circumstances will we seek from you..."