fisthardcheese

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Everything posted by fisthardcheese

  1. It is rare that they will dismiss just on the filing of an MTC, but you did a great job. Congrats!!
  2. Dispute inaccurate information with ample documentation. CMRRR and copies of everything you send the CRAs. If inaccurate information remains as 'verified' by the collection agent or OC, then my next move is to file an arbitration case against them if arbitration is in the original card agreement.
  3. I wouldn't pay a penny. I think you are really over thinking this. Is your attorney still working on this case? He should have known how to handle things. If this were me, I would immediately file the JAMS case and send NO money. I would wait to see what Midland does. I believe there is a 95% chance they will completely ignore the case or ask for a settlement once their deadline to pay is sent by JAMS. If the arbitration is closed due to non payment, then you have the option to file a motion with the court to sanction the Plaintiff for not following the courts order and perhaps ask them to change the dismissal to a dismissal with prejudice as part of the sanctions. If Midland chooses to settle, the settlement should include language that says you are released of all liability of the account and debt. This release means they should remove it from your credit reports upon a dispute to the CRAs. They will not be able to verify a debt that you are released from (without violating a few consumer laws) and therefore the CRAs will have to delete it. Lastly, if all the dates and amounts on your credit reports are 100% accurate down to the penny and that all those amounts are the same amount they sued me for to the penny (which would be unusual), then I would check phone records and see if they called my cell phone in potential TCPA violations.
  4. This is nothing to dwell on. Midland works by computer. You have thrown a wrench into their machine and it is now spitting out things in random order. MCM letters and removal of credit reports has nothing to do with what the attorney does. The 2 machines are not talking to each other and never will. Your only concern should be with the attorney and nothing more.
  5. The letter from Midland about verifying or investigating the debt is irrelevant at this point. That is just a computer generated response when they get anything they consider a "DV" letter or any dispute. I would respond to AAA with the attorney copied and state that you object to the attorney's misrepresentation of your claims. I would state that your Arbitration Demand clearly states what your claim is about and in no way does it mention debt collection. I would then go on to state that you are now amending your Demand to include Unfair and Deceptive Acts and Practices (or the equivalent law in your state). I would usually say I would include an FDCPA violation at this point due to their lies about your AAA filing and the fact about paying the fees, but I would just steer clear of all "debt" related laws for right now and just make it a state UDAP violation instead. I would also state that I object to the mischaracterization of the contract language which clearly states that the company Respondent is responsible for all filing fees. Just keep in mind that right now, your claims in AAA have nothing to do with THEIR court case, but only your non-debt claims. This is what will trip them up. They are conflating it and believing that you are filing AAA claims about their lawsuit. But that is not the case, especially since no MTC has been granted.
  6. He called it a consent judgement, though? Have you gotten anything in writing yet? What was the judge's order in the end? Calling it a consent judgement sounds fishy to me.
  7. This is just an option. It is what I would do personally. However you can also just accept the dismissal and be done with it too.
  8. This is very good, but if it were me I would check my court rules on dismissal. It is very likely that due to your motion being filed, they are supposed to get your agreement for a stipulated dismissal. If the rules say this, then I would personally file an objection to their lack of contacting you to stipulate and agreement but state in my objection that I will agree to a dismissal with prejudice.
  9. Please start your own thread for this. This is a very interesting case that we have not seen before and it appears LVNV may have violated the FDCPA. Lots of people would like to follow this and chime in, but it needs to be it's own thread for best results.
  10. It depends. You have 30 days from the date you were served to file an answer. If you can't talk to the attorneys before that time, you should file the answer. I would try to talk to them first because if you decide to hire them for you case, they will file the answer for you.
  11. They are licensed in the entire state. Their two offices are in the Atlanta metro area and you are less than a 2 hour drive, however they likely will never have to appear in person anyway. But all of that can be covered by a phone call. They will discuss your case and all of your options for free with you on the phone and then you will have all the answers you need to decide if they are right for you.
  12. Most of them still would never understand. Once you go through the machine and become institutionalize with ""the way things are"", they tend to not be able to see creative ways around cases. Not to mention they can't suggest to individuals to do something they don't understand or would never do themselves. It's too bad though that it scares people like OP off from winning their case in a very positive way. But thanks for the update, anyway @Shufu !!
  13. I would not file the JAMS claim until after court, HOWEVER, I would suggest filling out the JAMS Demand form and having copies with you in court. Many small claims court don't look at motions prior to the trial date. You will just have to file it and then expect the attorney to look at it for the first time on the trial date when you meet with them during the settlement talk. I would pressure the attorney at that point to show you know that you are entitled to arbitration by law and will have the case moved. If they don't want to agree to stipulate, then you can go to the judge to make it happen.
  14. My suggestion here is to call the attorneys Skaar and Feagle. They are good consumer attorneys. They will charge you up to half the debt amount but will get a dismissal for you most of the time. It has been a few years since I have worked with them, but they used to have a cap on that "half the debt amount" deal, so I would ask them about that. Perhaps you can get the whole thing to go away for around $2k. You can run the residence issue by them as well and if they think you have a legitimate claim for being sued in the wrong location they may even represent you for much cheaper or free if they believe they will be able to collect a counter claim against Cap1.
  15. I agree. I don't want to pile on OP, but just want to assure them that they didn't do anything wrong and also that no one here is holding out on helping in someway. I can understand how it would feel like that in this situation. This case is the toughest one you can be in. Facing an OC (and Amex at that) on a business debt. The best outcome that you could have ever gotten in any way, no matter how you went about it was probably a 70% settlement if you were lucky. I second Harry's suggestion that you call a bankruptcy attorney and go over the possibilities. Bk is usually easier than most people figure and can get you out from under big debts like this and back on your feet much quicker and easier than you realize as well.
  16. Might be worth calling a couple consumer attorneys and see if they feel it is a good enough violation to take on and not charge OP to defend this case with the addition of the counter claim.
  17. If it was mailed CMRRR, would the certified receipt and signed green card be very solid evidence for this? Also perhaps something to attach to the response telling them they are full of it?
  18. If you have a Synchrony Card Agreement from the correct time period and file an affidavit with your MTC that testifies that to the best of your knowledge, this is a true and correct copy of the Card Agreement that the Plaintiff's claims are derived from. Your sworn testimony in the affidavit can not be overcome by the attorney himself. The attorney can not testify to the accuracy of the card agreement because he was never a party to the agreement and did not work for Synchrony Bank during the alleged period the account was open. They would have to have at the very least their own affidavit from someone from Synchrony Bank saying it is the wrong agreement. But they won't, because Synchrony will just agree it is the correct agreement from that time period. Therefore, the affidavit is a very strong part of your evidence that essentially makes the "wrong agreement" argument very hard for them to claim.
  19. Always file an answer denying everything to avoid an automatic judgement. People who are not liable settle court cases all the time because big trials are expensive and time consuming. Your case would not be that, but you are still within your right to say "I deny everything, however I will settle for $X because I do not want to spend the time and resources going to court". That is just basically a business decision, not an admission of liability or owing anything.
  20. If it were me - and this is just me - I would reply with "LOL ok" and attach a copy of my JAMS case filing.
  21. This was another case where PRA went passed the initial filing fee and conference call with the arbitrator before settling.
  22. If it were me, I would check my court's rules on removing the case from small claims to a higher court. Sometimes it's as easy as filing a motion and paying a filing fee. However, if that filing fee is fairly high (like around $200 or more), I would first try to offer a settlement to LVNV for that amount just so save the hassle. If I could get this moved to a higher court, I would immediately file an MTC and get the case moved to arbitration. Another option is to file a counter claim in small claims and try to work out a mutual dismissal settlement.
  23. You aren't going to even try the MTC? You don't have to appeal unless it is denied.
  24. If you are happy with the outcome, that is all that matters. Given that he was giving in to EVERYTHING you asked for, I would have started with that $0 mutual dismissal, but again, if you are happy with it, then that's all that matters.