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fisthardcheese last won the day on November 4

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About fisthardcheese

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  1. No worries, this is almost over anyway. File the case with JAMS if you haven't already. Send a copy to the attorney.
  2. Above you quoted it as "completion due date" which does not sound like a hearing to me. The Court Clerk should be able to answer if you must appear for ADR on that date or not. Perhaps you can also ask if you need to set a hearing date for your previously filed Motion since nothing is set yet.
  3. It has been a few years and I did not save the case law where I can easily access it because this was a case I had an attorney work on, however, I filed a counter claim against a JDB due to similar actions of their agent law firm. A debt collector can be held liable for the actions of their agent attorney when the attorney is doing the collection work for the collector (i.e. sending dunning letters) and not just acting as representation.
  4. You should just take the time to read the entire FCRA law as written. That will answer everything. It seems you want to make things much more complicated than needed. 1. Dispute errors with the CRA 2. If errors are not corrected, then sue. That's all there is to it.
  5. Satisfy for what reason? 623 has no enforcement mechanism within it, which means they are free to ignore your direct dispute in any way they wish. You still would need to dispute with the CRA in order to trigger liability and standing to sue. Therefore, 623 is a big nothing burger to the consumer.
  6. No. in my opinion 623 is pointless to the consumer. That section is about the legal requirements of a furnisher of a tradeline only. FCRA 611 is what gives consumers the legal standing to dispute inaccurate information with the CRAs. Documentation of the inaccurate reporting does not need to be sent to the CRAs, but should be gathered and kept for the case of needing it in an arbitration or court case should the inaccuracies not be removed after a dispute.
  7. If ALL else fails, you likely would have missed the chance to use arbitration. You must choose the path you want to use now before you start down one. Arbitration would require filing a Motion to Compel Arbitration and asking the court to rule that court is the incorrect jurisdiction over the subject matter due to an arbitration clause and to enforce that clause and order the parties to arbitrate the matter.
  8. They aren't going to sue you again. It's essentially dead in the water. If you feel like poking the bear you can possibly get it off your credit reports with some wrangling and weeks of work. Depends on how much it's worth to you.
  9. The Judge will send a letter to validate? I wish this website had a heading on the top of every page that just says "If the other side no-shows in court, immediately ask for a judgement in your favor!!". For a no show, we don't even have to deal with the arbitration issue. But, now you must press on.
  10. Do nothing. Wait for JAMS to close the case due to Midland's non payment. Then go back to court and file a Motion for Sanctions and Dismissal With Prejudice. In the motion, show the proof that you filed in JAMS and that JAMS sent Midland a bill that they failed to pay and that JAMS then closed the file due to Midland's non action and silence toward the JAMS process. Ask the judge to sanction Midland due to their violation of the Court's previous order to arbitrate and ask for a dismissal with prejudice.
  11. This seems like you may have a misunderstanding of the arbitration strategy. The goal is to use arbitration to get a dismissal with prejudice. You got this up front without going through all the other hassle. Why would you still want to proceed to a MTC hearing? You won and it doesn't get better than a dismissal with prejudice. You no longer owe this debt and it's forever gone. Congrats!! Thank you again for giving all the details on your case to help others in TN too.
  12. I personally detest all of these sample letters. My letter will identify the tradeline by name and account number as it appears on my report and then I will literally say "I am not liable for this account". Thats it. Yes, I always send a copy of my ID amd most recent utility bill to verify my current address. If not they will just ask for it anyway before proceeding and I just like to avoid the delay.
  13. With an affidavit testifying under penalty of purgery exactly how you served them, along with any CMRRR proof you have.
  14. It will be best to start your own thread to get better help. Just copy what you posted above into a new post and also add in who the Original Creditor was for the account.
  15. In my past experience doing this, I wait 30 days and then I send a simple dispute letter to the CRAs stating "I am not liable for this account". Especially since it is a settlement agreement and subject to an NDA (had it been a single page order from a judge dismissing the case with prejudice, for instance, I would send a copy of that page). The theory here is that the 30 days should be plenty of time for the JDB to know and enter into their system that this account case is settled and forever discharged (or however it may be worded). If anything other than a removal comes back from the CRAs (meaning the JDB verified at least a portion of the account) then my opinion is that you then have a willful FCRA violation and possibly a violation of the settlement contract depending on that language as well. In my experience, they have all been deleted upon using this method, HOWEVER, Midland did something else in my case, after I beat them with prejudice in court, and after the CRAs removed the tradeline from them on my dispute and proof of dismissal with prejudice, Midland was still doing an automated "account review" pull of my credit reports every 60 days like clock work. This was turned into a new FCRA suit against them and the NDA for that settlement says that I can only tell you that I was VERY satisfied with the outcome. So other than removal, the regular inquiries is also something to keep an eye on for the next few months to a year.