Goody_Ouchless

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Everything posted by Goody_Ouchless

  1. When was the case filed? How did it get to MSJ - has anything else happened in interim?
  2. The problem with most cases, where arbitration is not an option, is that the defendant is working with "bad facts." A lawyer explained that as meaning sometimes you simply don't have a case and there's nothing you can do. There have been cases here where the plaintiff offers settlement terms and the defendant decides to "fight.," and the result is that the final outcome is way worse than it needed to be.
  3. However you do it, you need to get a Motion to Compel approved by the court. That's when AAA should send Cavalry a bill, or another letter explaining how Cavalry cases won't be accepted until they play by the rules. At that point they either dismiss or you argue that they have so prejudiced you by their actions that the case should be dismissed.
  4. I guess another option would be to agree wholly with that assertion and move for Summary Judgement, as the plaintiff is arguing that a signed agreement is required for this case. But, in all seriousness, just get the whole contract and explain that it's not some random thing "from the internet," but rather from a repository of agreements that all banks are compelled, by the government, to make available. Sounds like the lawyer knows all this and is just playing everyone for a sucker.
  5. That was probably ignorance on the part of the attorney - she either though it was "mediation," through the court, or that it was something you would have to pay for, in it's entirety. One thing that sticks out in AAA's letter is their repeated mention of "Cavalry." One thing I would emphasize is that they assumed the contract of the Original Creditor - they can't arbitrarily and unilaterally claim that it's now "their" contract, to re-define as they please.
  6. But in this case they did nothing but not show up - what grounds would they have for appeal - that they should just win contested cases without having to appear?
  7. Not sure why he would mention appeal, if they can just refile the same case. At this point I would just have my MTC ready in case they refile, but otherwise just hope they forget about you and move on to someone else.
  8. You will have to check your court rules, but anything the lawyer could do to vacate the judgement, based on improper service, you could do yourself. Once the judgement is vacated, you can look at defending this - I think others have talked about Lending Club having an arbitration clause. How much was the original defaulted debt, and how much was it when Velocity started reporting it?
  9. It is certainly worth a try, but most places will only report "settled for less than full amount," rather than delete. I've heard good things about the Dave Ramsey method, that, I believe, involves completely paying off cards, starting with the lowest balances. This then eliminates interest from the cards that are paid off, and allows the saved payments to then be applied to the higher balance debts. A variation on this may be to concentrate on the cards were arbitration is not an option, and leave those with favorable arbitration clauses until the end - that way, if they sue, you will have the leverage to get the trade line removed.
  10. Yea - it's never easy when you are in-the-moment. Synchrony cards are pretty much uncollectible, due to the arbitration clause, but when it's your first rodeo it can seem overwhelming At least this is over with and you don't have to worry about it. If you get sued again, on another account, you now know what to do. .
  11. That's why I"m curious about amount - hard to believe they'd do this for a grand.
  12. I looked into that and I believe they use the state you live in. I'm in the same situation, where the office where payroll was located was in a non-garnish state. Luckily it never came to that! About how much is this debt? I know from looking at the docket that there were tons of cases where they just dismissed after failure to server - publishing seems rare.
  13. Good point - when I used it it was Superior Court.
  14. You may need to call the courthouse. Your screen shot looks like the publicly available docket site. There should be another place were you log in and only you, the plaintiff and the court can see what's posted.
  15. That looks like they were allowed to publish the summons in the paper (you can see examples in the classified section of New Times.) It seems rare that they do that - have you been avoiding service? If they had proof that someone was peeking out of your window and not answering the door, perhaps the judge allowed service by Publication.
  16. They will typically tell you what they'll take. I can't recall anyone going in with a low ball and having it accepted.
  17. What do your rules say about failure to prosecute? In most places that case would have been closed due to inactivity.
  18. 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...
  19. 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. 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.