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About kdalla5

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  1. The fight with this one is over, I ended up settling with the lawyer for 50% of the debt and they vacate the judgement. I probably could have fought it to prove a point, but it came down to weighing the costs for a maybe. To appeal it would have been 270.00 and taking a bond to guarantee the remainder of the debt. for a chance that they might reverse the order. My husband is about to get a spinal fusion and I am the only income to the house, so all of this was taking up valuable work days as well. I settled for 1350.00 and an order to vacate, which seems like the best option for me. Th
  2. I have the paperwork for an appeal, it's 30 days in my state. Does anyone know if it's possible to get "notes" from the hearing to see what went wrong? I'd like to learn from it, if nothing else.
  3. As if to rub salt in the wound, this article is published, I am livid! http://mobile.nytimes.com/2015/12/23/business/dealbook/sued-over-old-debt-and-blocked-from-suing-back.html?_r=1&referer=https://www.google.com/
  4. No, they have only provided the bill of sale, a few statements, the typical jdb documentation. The lawyer spoke to us after the judgment, trying to act as of he was helping. Tried to offer a settlement and said he could remove the judgment. I am just dumbfounded that all my evidence was thrown out.
  5. I went to court today armed with my response letter from Synchrony bank asking on my behalf for Midland Funding to honor my credit card agreement's arbitration clause and my arguments to admit electronic disclosures into evidence and the judge threw it all out as inadmissible evidence because it was printed off the internet, I got the appeal packet. I'm thinking that I should contact a lawyer and go after Midland and the lawyer for refusing to honor the arbitration clause. Does anyone have advice on what my next step should be? I am so frustrated, I don't know what went wrong, so I don't kn
  6. Another update, the senior specialist from Synchrony contacted me to tell me that they are requesting midland honor the arbitration clause on my behalf. I asked her to forward her correspondence with Midland to me and am now waiting for her to send the response.
  7. I received an email from a senior specialist in corporate consumer relations at Synchrony bank regarding the complaint through consumer financial bureau. I put in a call with her at the number she provided. I am going to explain that the lawyer for midland essentially copped that they had provided the wrong contract, therefore pointing the blame to them. I am hoping that I can get some sort of statement from her that it is the correct copy before I go to court on Tuesday. I am collecting as much as I can to throw at this guy.
  8. I gave a copy from 2012 and 2014, both of which have, word for word the same arbitration clause. When I first requested arbitration, I gave the most current agreement, not expecting him to challenge it. I then found one from 2012 in the archives that was applicable to the time in which my card was active. I'm planning on going to my court date and arguing my right in front of the judge verbally. This judge doesn't read anything until you are in front of him anyway. I am also going to use the advice from @debtzapper and go to the court house and and get a copy of the united state code. I
  9. He has not lied that I'm aware of. I did include a link to the .gov website and a copy of the card act, highlighting sec 402. I am definitely in over my head on this one, but the fat lady hasn't sung yet. The attorney is one of those loud, over bearing,obnoxious personality types. The judge is definitely intimidated by him. I had originally requested a signed copy of the agreement in my dv from the jdb, and was ignored. Could I use it against the because they don't have one? Isn't it the plaintiff's burden of proof? Or am I grasping at straws?
  10. This is the response from the lawyer, not sure how to respond as I sent the information pertaining to the requirements to post credit card agreements along with the .gov website that it was obtained from, yet he is still questioning the validity of my request for arbitration.
  11. I tried to find a template affidavit and copy it, how does this look? AFFIDAVIT STATE OF WASHINGTON, COUNTY OF CLARK My current legal name is _______, and my current occupation is a Flight Attendant, I am presently 40 years old and my current address of residence is ___________ Vancouver Wa. 98661.The credit card agreement submitted with binding arbitration is a true and correct copy of the contract between Defendant, K_______ and Walmart/Synchrony Bank formerly known as GE Capital Retail Bank.I hereby state that
  12. @CCRP626 When I had my first letter from PCA, I sent a DV. They had all their ducks in a row. Every card statement, my signature on the original agreement, everything I know to look for. When I received the summons, I figured arbitration was my best option. The judge granted it, and less than a week later, I received a letter stating that PCA would dismiss the case with prejudice. @Coffee_before_tea The Amazon card is the one that I went to superior court over last month. I am now fighting a Walmart card. Both Synchrony Bank, so it's a little confusing, I apologize for that. This
  13. Would you advise that I send this new information into the courts and to the attorney, or should I just hold onto it until my court date? I actually just went up against and beat PCA Acquisitions in superior court last month, it was so easy that I guess I expected this to be the same. I really do believe that this judge in District Court is pro lawyer. This one may be a bit of a battle, but I'm up for it. Do you guys find yourselves wanting to help the other people getting completely hosed by the blood sucking lawyers as you await your case? It was so hard to watch!
  14. @Coffee_before_tea Sorry to not include this information in my original post. My last purchase date is 8/13, my last payment date is 4/14, and charge off date is 6/14.
  15. I am in Washington state and in mid fight with Midland Funding. A little background: I received my original summons on 7-08-15 from Midland that I was being sued due to breach of contract with Walmart/Synchrony Bank. I responded to discovery denying knowledge to each of their accusations. I then requested validations because I wasn"t sure what account this was. The JDB sent those. I then responded on 9-25-15 with a MTC arbitration via JAMS per my credit card agreement. My request was ignored and I was then sent a MSJ and notice of hearing. I again responded with a copy of my credi