outtadebt

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outtadebt last won the day on April 26 2019

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About outtadebt

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  1. OK. So you got a couple things going on here that need to be sorted out. A couple initial items I think you need to check and share if you have the records. 1. Your mortgage servicer is required to send you an escrow statement and analysis every year. That is where you need to start and see what they are charging and what is driving your payments either up or down. They have to disclose any changes to the escrow and why. Do you have any statements from them in the past 3 years? 2. Did you ever let your homeowners policy expire? It sounds like they did Forced/Lenders Placed I
  2. How about the claimed debt is less than the small claims carve out in the cardholder CC agreement. Do you even know the small claims limit here in Illinois without looking it up. Your option goes poof when the limit is not reached if the right OC was in play. What would you do then.....
  3. You are out of your league.

    1. outtadebt

      outtadebt

      Whatever you guys say.  Hope you are a lawyer.  Most of you have never stood in court in this state and been in front of our judges.  So keep that closed mind.  I  have plenty of PM's for things that worked out here in Illinois.  I am sure you have lots also, not.  Don't respond, not worth my time

       

    2. BV80

      BV80

      Outadebt, pay no attention to play maker.  He just shows up every once in a while with useless comments. 

  4. Again. Not sure the reason why. I live about 65 miles outside Chicago, so I am not going to Cook County to pull the documents unless I ever need to. I would like to know how they missed. B&G is a JDB lawsuit mill and they use the same docs out in the country here. Maybe someone finally had enough of their antics. I think we would really need to see the actual affidavit that was challenged and what wording they used. All in the detail. Maybe B&G actually could not get what they needed. All I am saying is this does give an opening to find a hole and possibly exploit it in our Sta
  5. Goody. I agree, that appeared to bet he main thing missing that has allowed them to proceed in the past. Why they did not cure the defect and present it I can not find anywhere. But, Illinois is such a creditor friendly state, I am very surprised that it even received consideration at the appellate level considering other rulings are not consistent with this. In any case, they parties went back and forth for another year or so and the case was abandoned by Portfolio in March 2018. They dismissed without prejudice. So my guess is that they could not get the documents to overcome the appea
  6. Without knowing anything about who PRA actually claims to have purchased the account from and the amount, it is hard to predict what will happen. Arbitration may be a good route, but not always the best and potentially not an option depending on the OC and amount in question. So what county are you in? Illinois has some basic requirements that must be included with any JDB filing that I am sure Portfolio conveniently omitted. They always do, at least 100% of the time in my county. If you can pursue arbitration and the amount is small, I would offer this to consider. You may/will be
  7. Agreed, does not matter when they dismiss based on Arbitration. Other than if they wait till you prove you are serious and pay the filing fee, you either eat the fee or go after them to get it back. In my case, I just ate the fees and called it a win. Too much work to get that back and no guarantee at all of winning. Matter of fact since I asked for the arbitration, most likely would have lost badly. What does matter is that debt buyers are starting, slowly, to figure out a way to handle people who threaten arbitration just to get a dismissal. Sites and conversations like this educ
  8. Could not resist just so you do not drive the OP into a ditch. Based on estimated default date, Citibank has a small claims carve out. Arbitration is not an option. But go ahead and keep pushing that Mr. Facts. Great strategy. Can't wait to see how that one works. Cavalry will have his lunch and a default judgment served for a snack. People lose when they push a bad position, as you are now doing. SOL defense wins 100% when presented. No way around it. Plaintiff snoozes, he loses. Oh and on this board and others, if you decide to read you will see several posters noting tha
  9. Throwing insults for bad decisions does not make you smarter or a better strategist. I think you need to find the same rock and get shelter from the storm you are putting the OP into. Think about what you are saying. If the OP (who it appears has never been in court defending himself) actually prepares his answer, properly prepares the motion, argues it correctly (assuming SC exclusion does not apply) and gets it approved he still has to file with JAMS or AAA and pay the fee. So then he needs to actually file the paper work and show the court he followed through on the order. All t
  10. Harry, take a step back. I agree, you can and should use both an affidavit and sworn testimony to verify the banking records (your records) are accurate. To do other wise is perjury. I do not agree that Cavalry would win any argument saying "Well your Honor, we think the defendant is lying and made up the records. He has a secret account that was used to make this payment" Come on. Kind of like saying as the defendant "I have no recollection of the account so therefore it must not be mine" when the JBD produces the garbage bill of sale and affidavit still used in almost every case to wi
  11. I would not waste time with the OC. They have sold the account. It is dead to them. They will just pass you back to Cavalry who will pass you back to the Law Firm. You will be right back where you started and just wasted several valuable days. Use your bank statements to prove no payment was made. You can verify those records yourself, and you will get verification from your bank far faster than a Credit card company. That should be the case even if you closed the bank account when you moved. If you are absolutely confident on the dates and this is truly out of SOL, my first and onl
  12. A quick check of Missouri statutes appears you are on the right track with the borrowing statute. Here is the Missouri Civil code reference - 2009 Missouri Revised Statutes, Title XXXV CIVIL PROCEDURE AND LIMITATIONS, Chapter 516 Statutes of Limitation, 516.190. Limitations on actions originating in other states. It appears you can raise the SOL defense as time barred due to California SOL if your dates are correct and MO would have to support based on the plain language of the code. I would suggest contacting a consumer attorney on this one. You can have one or more violations
  13. What I find interesting in this, if reading correctly, that LVNV has claimed to hold this for almost 3 years. If the claimed balance is in excess of $13K and they are not suing, what is stopping them? That is a large balance. Definitely a tasty bite to pursue. It makes sense to try and lay low as you get closer to SOL, but in my opinion since they are dunning you, your account is on the radar. You just sent the dispute so no taking that back. They will send you the standard verification and say "yes it stays". They have 30 days to respond after receiving the dispute. So you may b
  14. This is a somewhat confusing post. Mortgage servicers are required to send monthly statements. They can not get out of that. What you did not mention is whether this is the original servicer or if the servicing rights of the loan were transferred/sold. Did this happen? If so, were you provided notifications regarding the transfer and payments. Servicers make many mistakes and violations of RESPA when rights are transferred or sold. They just never get called out because it is really hard to get an attorney who knows what they are doing and willing to go after them involved. Y