DHABTE

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About DHABTE

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  1. Hello! I did call the clerk's office. She said it was granted and my court date was wiped out and that I do not need to attend. She said I would receive something in the mail ASAP regarding the judge's motion. Do you think I should still show up?
  2. I've been sued before by JDB (Asset Acceptance). I forget exactly what I put on my intent to defend......it was something like I dispute the debt. I think I requested DV (debt validation/verification). They only provided me with bank statements and some sort of affidavit. The statements all showed the original creditor. The JDB had no proof that they owned the account meaning I don't owe them I owe the original creditor who is not suing me because apparently they have sold the debt to the JDB for pennies and didn't do the proper documentation when transferring the account. I'm sure you're in the same situation. I would not claim the debt when you go to court I would just say the debt is not mine, I'm not aware of it. Have the JDB prove they own the account. That's what I did in court and they couldn't prove it so the judge ruled in my favor. I'm in Maryland so I'm not sure if this is applicable in Texas, if anyone is aware of this working please let us know. Hope it all works out for you!
  3. THANK YOU GUYS SO MUCH! I've been dreading this court date and I finally checked today online before my court date tomorrow and saw an update! Correct me if I'm wrong but I believe this means the trial will no longer move forward (the court date, time and location got removed) and I should start filing for arbitration??! I'm still going to go so I can get more information if available and just in case anything pops up. But this is amazing news I'm so glad my motion was approved!!
  4. Hi! I see here that the defendant mailed a copy of the intent to arbitrate letter to Barclays. Should I do that before court on Friday? I can have it overnight'd today. I only sent a letter to the bank's attorney.... Thanks.
  5. Thank you. I will do just that! I'll go over my motion on Monday at work and if I have any final questions I'll post them here. I'll follow up with you guys on Friday morning and let you know how everything goes! Just wondering do you think there's any chance the judge may grant the motion prior to Friday and I won't have to go to court? Or it's too late.
  6. Thank you for this. SO......if I had submitted everything last month the judge would have had enough to time to review and issue a STAY meaning I would not have to come to court as scheduled on Feb 1, 2019 and would have elected arbiration and we would be working through arbitration now right? I know if I don't see anything updated on case records that I will need to come into court on Feb 1. When I do go is there anything I SHOULD NOT say to save me from getting me in further trouble? Or does what I say not really matter because the debt will have to be verified in order to compel arbitration anyways? AND IF SO.....do I just ONLY ask to compel arbitration, answer any questions they ask of me and keep quiet on everything else? I ask this because I went to court years ago for a JDB lawsuit that I won only because I had to be very specific about what was said during trial so just want to see if the same applies here. Thanks!
  7. Hi! I attached the Motion part of the first page here. The rest were affidavits of the credit card agreement and the letter of notice to elect arbitration. Then a judges order granting a motion to compel arbitration as the last part. I think whoever entered the information in just did it that way. I can PM you the file I sent over I have it scanned if you'd like. But I pretty mucb broke it down for you here.
  8. I was going to request that we handle this through arbitration at our court date. Should I ask for a stay pending the outcome of arbitration? Is that the right thing to do?
  9. Thanks I'll check case records and the mail for any responses. Is there a thread that explains what goes on typically in the court room? I'm going to assume I won't get an answer before our court date and will have to provide the MTC I filed and request for it in person? I just want to make sure if I'm not supposed to do anything like make sure I don't confirm the debt is mine for example if the plaintiff tries to get me to claim it in court or something.
  10. Okay and now I wait to hear from the judge before or at trial in regards to handling this through arbitration right?
  11. So I did everything last week and this is the update for the court case. Can anyone explain if any of this means anything? Thanks.
  12. Thanks for your response! I wouldn't have to pay for the Fedex fee so I can just overnight my MTC to the attorney. According to what I've read from both threads my MTC needs to include: 1. The MTC - I already filled one out based on Linda's template because she said it's applicable for all states. Yours does not and you wished for no one to copy/paste. Is Linda's not a good template at this time? 2. Affidavit - for the credit card agreement which I will print out online from the cards website. 3. On the MTC it states I have sent a letter to the attorney requesting arbitration. You are saying I can just send a copy of the MTC to the attorney instead of sending over stuff twice (letter electing arbitration and the MTC itself). If I just send the MTC itself I should remove the two/three lines stating I have sent over a letter electing arbitration from the MTC right? Should I also send a copy of the MTC to the bank? Or sending it to the attorney representing the bank is enough? 4. Judge's Order. I submit all of this to the courthouse in the morning correct? Would you happen to know the fee for filing this? I tried checking the fee schedule (https://www.courts.state.md.us/sites/default/files/import/district/forms/acct/dca109.pdf) but can't seem to find filing a MTC unless I'm going blind. THANKS again!
  13. Sorry for being annoying lol! I actually think I finished up most of the documents already while at work. Is it possible I can PM you the documents? I completed the MTC, Affidavit, Letter to elect arbitration and the judge's order as per Linda's thread. I have a Fedex account here at work but I can go down to the local USPS store and do the CRRR if it's easier. Whatever is best. Thanks in advance and sorry for the multiple messages !