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Everything posted by Goody_Ouchless

  1. Depending on the particular court, mediation appears to be required. It used to irritate my lawyer that my particular court insisted on it, while others would let it slide. If mediation happens before your MTC is ruled on, just attend and explain the situation, and suggest to the opposing lawyer that he dismiss the case in order save everyone time. The mediators are typically third year law students who probably will know less about this than you. It may be a nice opportunity to educate the meditator about this aspect of law. Anyway, AZ law, regarding arbitration is quite clear and I don't believe anyone has failed, even in the rare case where a bad ruling has to be appealed.
  2. Some things never change - I see you still play the Pied Piper of Ignorance, leading the blind off cliffs. Where do we begin... Well, so much for them dismissing. I'll leave it as an exercise for the reader to connect the dots on the "four" sets of hands.
  3. The problem with these defenses is that they worked 15 years ago. Once all of these records became computerized, and the industry was cleaned up, challenging things like bill-of-sale is what we call the "dog-ate-my-homework" defense. The result is usually that the judge listens for 30 seconds and then holds up the credit statements, asks if it's your name and address, and rules for plaintiff. As @texasrockerhas shown, plaintiffs in Texas have a long history of folding as soon as an answer is filed. Since that didn't happen, in this case, I wouldn't hold out much hope. Just show up, hope they don't and request that the case be dismissed with prejudice.
  4. Sounds like your DV request alerted them to the fact that you exist and need this resolved - two main ingredients for deciding to sue.
  5. Discover tends to play hardball, so don't be surprised if they aren't inclined to make a deal.
  6. Ha - yea, he hates arbitration because he and "Frank" don't make squat.
  7. OK. They will probably dismiss. Usually when they plan on following they don't do a song-and-dance routine.
  8. What is the status of arbitration? Was MTC granted? Has plaintiff paid any fees?
  9. At this point have they paid anything toward the arbitration? As far as amounts being "off," what are they reporting to credit bureaus? FCRA claim may the way to go if the number are different everywhere. Typically suing for a lower amount is just them being careful and dropping any interest and fees they may not be entitled to.
  10. 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."
  11. Thank you so much for providing an update! That has to be chilling news to places that keep trying to recoup fees.
  12. 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.
  13. That line just means that there is nothing else pending in that court. Now you appeal since the judge ruled in error.
  14. "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).
  15. 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...
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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?
  21. 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.
  22. 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.
  23. 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!
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