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Everything posted by CCRP626

  1. @fisthardcheese yeah, I don't think the intention of the creators of these statutes is keep going down the list until you find an arbitrator Midland has paid and if you can't find one the Judge will find a local attorney or put you in the court ran arb program. They aren't hurting for money so the most leeway they should be given is 30 more days to comply by paying their bills and if still not paid dismissal and any defendant court costs to answer the complaint. Checking credit reports should be done. No way should Midland be on there while they avoid going to arbitration. That might be an interesting followup. Midland is still reporting so you hit them with a FDCPA/FCRA claim then they want to go to arbitration.
  2. Cappelli isn't registered as a notary so you'll have to keep looking elsewhere for a signature but Fanning is. You should be able to find her signature on file with the county clerk. See the mention of clerk authenticating notary signatures for use out of state. http://www.dos.ny.gov/licensing/lawbooks/notary.pdf Georgia posters pop in regularly if you want to post your case detail. Magistrate court? @NormInGeorgia had a good catch of the evidence code. Even in Magistrate Court where they say the civil practice act doesn't apply the evidence code is not excluded. Besides Cappelli not having personal knowledge of Cap 1's records where is the notification they were going to use it might help since there are plenty of stories of JDB attys playing trial by ambush. A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration http://law.justia.com/codes/georgia/2015/title-24/chapter-9/article-1/section-24-9-902/
  3. @hannah028 if you're unable to find one, contact the Secy of State where both are probably registered as notaries for a copy of the application and other paperwork filed to see signature history. Fair amount of google hits for court filings, so getting the affidavits filed there would be another source.
  4. you're under streamlined rules, Expedited only applies to those under comprehensive rules which are high value cases over $250k. Get things rolling with JAMS and let Discover make a settlement offer to you then you can review and counter.
  5. @Helpisneeded in your discovery rules are the procedures to get the Plaintiff to comply with your requests. Follow them and if your requests are still ignored you'll be able to push for dismissal. 60-237 Compelling Discovery http://kslegislature.org/li/b2015_16/statute/060_000_0000_chapter/060_002_0000_article/060_002_0037_section/060_002_0037_k/ Judicial Notice, you'll reference this rule. Motion to Take Judicial Notice of CFPB Order. You'll want to put the effective date of the order and the date the lawsuit commenced to show it covers them. Provide the PDF link and the full order but indicate the specific section where the lawsuit initiation requirements are located. http://kslegislature.org/li/b2015_16/statute/060_000_0000_chapter/060_004_0000_article/060_004_0009_section/060_004_0009_k/ Example of Motion. http://www.kscourts.org/State-v-longoria/Plaintiff/STATE-MOTION-Judicial-Notice-PreHearing.pdf In addition to the order linked earlier, you can add the stipulation Portfolio's CEO signed. If you're asking for exactly what the company agreed to provide point that out. http://files.consumerfinance.gov/f/201509_cfpb_stipulation-portfolio-recovery-associates-llc.pdf The documents request in the order, they have 30 days to get that to you. When the 30 days is up and still nothing file a CFPB complaint against Portfolio. http://www.consumerfinance.gov/complaint/
  6. @Polyboy32 definitely get the big three free reports from the source @neweuquol posted then go through the list for more specialized reports, many are free as well. http://files.consumerfinance.gov/f/201604_cfpb_list-of-consumer-reporting-companies.pdf
  7. @yescats just to help gather some info, it might be worth it to pick up once and see what they have to say. If it soon devolves into a collections call for an account they've already sued for, mention this has already been court ordered into arbitration, see what they say and end with do not call again. File the CFPB complaint.
  8. If you look him up on the state licensing site do they list complaints? Sooner or later it will catch up with him. Contacting all those past defendants he habitually sued is tempting to see if pooling resources and going to an attorney would provide some answers. Were all of the cases pro se? I wonder if this bozo drops it when a defendant has an attorney?
  9. As an authorized user she's not responsible for your account but she should let them know to quit calling her, ask them to remove her as an authorized user and she should check her credit reports. After removal if the entry is still on her credit report, she should dispute with the credit bureau. In TCPA cases, discovery is done to find out the calling system used even if a live person ends up as the caller.
  10. @neweuquol not rude at all and great examples. Too bad the OP couldn't get an attorney and they mentioned they tried. I'm sure the contractor knows the way he runs his business requires him to have an attorney ready to go at all times.
  11. @neweuquol outside of having a bank employee appear wouldn't putting the contractor on the stand do the job? Is this his signature? If you've got the person writing the check and the person cashing it present under oath, what purpose would a bank employee serve? Was there a question of money clearing the bank? Is the contractor saying he did cash this check but it bounced? Is today on the stand the first time the contractor is saying the check bounced?
  12. @Brotherskeeper I wonder what the validity of the check argument means? This is the check I wrote. I entered the amount in my checkbook prior to sending it. Here is the cashed check copy obtained from the bank with Plaintiff's signature on it. Do we need three samples of the contractor's handwriting? Here is my bank statement showing the account balance is this much lighter? You don't have an affidavit, put me on the stand.
  13. JDBs have messed up there as well. Back when NAF was in business and handing out awards to the debt collectors, consumers were able to make the awards worthless by knowing that process. How long did the JDB take to bring the award to court, what paperwork did they submit, did they follow proper procedure since this is governed by federal law? In states like Arizona getting the affidavits kicked in court has no guaranteed hope such as fails to meet business records exception. There's enough case law there a JDB affidavit can pass under their adoptive standard. On the other hand, there have been $30k cases posted here where the JDB didn't follow into arbitration.
  14. but if she does and the calls continue, that makes the possibility of trebled damages being awarded greater. From the article linked earlier, there is no agreement to arbitrate once the discharge occurs. If the OP wanted to arb, I'm sure Discover would go for it instead of court but other than that I don't see how arb is going to happen after discharge.
  15. Did you read the article linked in the post you responded to? In Mr. Cain’s case, Midland Funding, the unit of Encore Capital, persevered despite originally lacking a copy of a Citibank arbitration agreement they said he signed in 2003. Instead, the debt collector presented as evidence a Citibank contract that one of Encore’s lawyers signed when he opened an account.
  16. Is there a case of a consumer attorney using the cardmember agreement for his own account as a substitute for the agreement his client would have had? I mean the CFPB agreements, it's been pointed out before how they could be admitted under the evidence code but this comes across as a new level of JDB trickery. And a Judge went for it.
  17. @BV80 the thing that keeps coming to my mind is @yescatsgirlfriend might have the best claim under TCPA using a consumer attorney. I think it could only help if she told them to quit calling. https://bobsullivan.net/gotchas/time-warner-ordered-to-pay-230k-for-153-wrong-number-robocalls/ If the OP got a discharge, I don't think arbitration is an option for Discover, including trying to use a MTC Arb to get out of an FDCPA or other consumer law violation the OP would bring to court. Even without a bankruptcy filing, JAMS might be the only one to take it if the consumer was unwilling to arb. AAA wouldn't.
  18. @Brotherskeeper after seeing these threads with posters running into JDB stall tactics over the correct agreement, what's funny is Midland when pushing for arbitration to get out of court has convinced a Judge that the cardmember agreement one of their attorneys had for their account is good enough to fill-in for the consumer's agreement to push it into arb.
  19. Was an order issued for so many days to file with JAMS? Check online for your case detail also. You don't want Discover bringing this back into court for failure to initiate arbitration. Don't wait on Discover to get back with you for fees before filing with JAMS. File with JAMS and they'll get with Discover. This is the Linda7 thread. It's kind of a mess now but most info is on the first few pages. You can also use the search at the top right of the page to only search that thread.
  20. Might as well report it. https://www.consumer.ftc.gov/blog/debt-collector-real
  21. For now, send a dispute letter to the collector within the 30 day period. https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text#809 Get back with the billing company to see the status. This sounds like an issue where the wrong insurance company was billed? Do you have all the correct insurance info for them to process this?
  22. @bream133 have you looked into filings complaints with the state licensing authorities who handle contractors? If they're with the Better Business Bureau also file there.
  23. @yescats the court docs having your contact info is just more evidence they had no reason to contact your girlfriend. Now that arbitration is approved did the Judge setup a status hearing to see how arbitration has proceeded? You'll want to have your demand filed with JAMS and Plaintiff along with any detail in the agreement about fees request. Follow the agreement for fees request and indicate to JAMS this is where your fees are coming from. You should get a reply from a JAMS case manager. That Linda7 arbitration steps thread linked to earlier should help for getting your claims down. Study the JAMS Consumer and Streamlined Rules. You want in person hearing. If the calls continue, let JAMS know. If a Party becomes aware of a violation of or failure to comply with the Rules and fails promptly to object in writing, the objection will be deemed waived, unless the Arbitrator determines that waiver will cause substantial injustice or hardship.
  24. @Helpisneeded if you plan of doing arbitration you shouldn't wait much longer. The more you get into discovery, the more likely it's considered you waiving your right to arbitrate. If you're staying in court, you should look at the CFPB order against Portfolio. Have you requested those documents and what have they provided? Enter the CFPB order under Judicial Notice to push this to dismissal. Look into your discovery rules to compel them to meet your discovery requests. Especially since the Judge gave them an extension of time which they pretty much didn't do anything with. Looking at the above link from earlier they have to provide a witness. As part of your pre-trial did they disclose who that would be?
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