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Rnixon last won the day on October 14 2016

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    Charlotte, NC

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  1. Thanks everyone. I'm gonna get the DV letter out CMRR today. The letter is a notice of intent to file suit. It states NC law requires th JDB to give written notice at least 30 days in advance before filing. It has the JDB info, OC info, amount owed. They state they will sue in my residence county and offer a website to make payments. Attached was a copy of the last capital one crdit card statement with the amount owed. I'm going to get a free consult with an attorney. I'm pretty sure I could fight this myself, as my last bit in court the lawyer was very ill prepared (on a different case that I won). However, I'm not sure if I am up for the fight. I'm considering wiping my slate clean with a bankruptcy.
  2. Ok, I didn't even have a chance to get the DV letter in the mail. Today I received their official 30 day notice of intent to file legal action. Will a DV letter matter at this point? Once I receive the summons and answer it, what is my best course of action? The OC is Capital One so I know arbitration is out. Thanks!
  3. Thanks, I figured that was the best route to take! I already have the DV written out and ready to send
  4. Yes, I am basing the SOL on my last payment which was January 6, 2014. In NC, SOL is 3 years so this January 2017 will bring me to SOL.
  5. Received a letter from Sessom & Rogers (attorney) representing PRA for a debt collection. OC is Capital One and the alleged amt owed is $2,600. SOL is up the first week of January. Letter states that I have the right to dispute the debt within 30 days of receipt and if I do not they will assume debt is valid. Letter was received October 13 so I have another week or so to take action. My question is what is my best course. Should I lay low and hope they don't follow up with an intent to sue letter or should I try to buy time to my SOL by requesting a DV? Thanks you are all such great help!
  6. Just wanted to update on this. I filed paperwork with AAA and then with the court. I received a letter about 3 weeks later from AAA stating they do not arbitrate with Midland and a refund check was included. Approx 2 months later, I received a letter from Sessom and Rogers stating they dropped my case with the court paperwork stating the same as well. Thank you for all of your help. I wouldn't have gotten this far without your guidance
  7. @BV80 Right. The judge's orders are to file arbitration within 30 days. I filed today with AAA. I will go to the courts early next week and have the AAA paperwork filed as well. Just curious if I need to file another MTD to get the case actually dismissed or if it is enough to just file the AAA paperwork.
  8. @shellieh98 and @BV80 I had my hearing today. At the request of the attorney the judge agreed to stay the case and I have to file my request for arbitration within 30 days. I have just filed my AAA paperwork and have received my confirmation email. What are my next steps? How do I now get this dismissed from the court? I have to file the AAA paperwork with the courts but do I request another MTC? Thanks for all of your help!
  9. Hi, I have received 2 letters from MCM for 2 separate Capital One debts that are within SOL for NC. The balance for the accounts is $600 & $1000. They have NOT yet posted to my credit report AND the original Capital One accounts were removed from my account about 2 weeks ago. I have a 3rd Capital One account that has been sold to PRA. I found that out by pulling my credit report. I have not heard a word from PRA. The balance on that account is about $2,400. This original Capital One account was also removed from my credit report about 2 weeks ago. My question is what is the best course of action to take? I am currently being sued by Midland for another debt and have a MTC/MTD hearing scheduled for next week. I am pretty confident that will squash that one. However, I want to be proactive on these 3 accounts so that they DO NOT get to the courts. I don't really have the money to settle the debts. What are my options?
  10. @BV80 - I just put together a verification affidavit and will file this week. Thanks again! @shellieh98 - Motion was to dismiss/stay the case and to compel arbitration so we are good there! Thanks for all your input!
  11. @BV80 - Does it matter that I have already filed the MTC with the agreement as an exhibit? I did include verification verbiage at the end that I signed stating: I verify that the statements made in this Motion are true and correct. I understand that false statements herein are made subject to the penalties of NC STATUTE HERE, relating to unsworn falsification to authorities. Should I file the additional affidavit? Another question, since I have already filed my MTC and scheduled my hearing for the end of the month, should I go ahead and initiate the arbitration with AAA or wait till after my hearing? I wasn't able to find protocol for that.
  12. @shellieh98 or @BV80 any recommendations to the above questions? Thanks!!
  13. Also, I got the credit account agreement from the OC's website itself and it is within the time frame of the alleged account. Do I need to reference where I got the agreement from? I did not send a copy of the agreement to the plaintiff with my first letter but it is attached to the motion that was filed and I sent to them.
  14. Ok, I have a few more questions. I mailed a certified notice of arbitration election to the plaintiff's attorney certified mail telling them I am electing abitration through AAA and they must dismiss the case. I also included a copy of my answer to the original complaint: SEE BELOW in red: 1. Defendant ADMITS he is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing credit account agreement, which takes away both sides litigation rights in court. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations stated in the petition in paragraphs _paragraphs here_ and therefore denies those allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. 3. All other allegations not expressly admitted are denied. AFFIRMATIVE DEFENSES 1) Defendant states there is an arbitration clause in the credit account agreement that takes away both parties litigation rights if elected by either party. Defendant has notified Plaintiff's attorney of her election to arbitrate pursuant to the terms of said agreement and has filed a motion to compel arbitration with the court. This court lacks jurisdiction and proper venue to decide this matter as Defendant has exercised the binding arbitration agreement. 2) Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. WHEREFORE, Defendant respectfully asks the Court to dismiss this case, or stay this case pending arbitration pursuant to CREDITOR NAME Credit Account Agreement. Today, I filed my motion to compel arbitration at the court attaching the letter sent to attorney and credit agreement as exhibits. I also scheduled my hearing for the end of the month and filed the notice of motion. I have sent both certified to the attorney and will file an affidavit of service when I receive confirmation they have received it. Now North Carolina allows me to file a motion in lieu of answering the complaint. My hearing date is scheduled before my 30 days to file my answer is up. My question is since I sent my answers to the attorney already but have not filed them do I need to file them now or should I wait it out? Thanks you guys have been tremendous help!
  15. @shellieh98 Wow, your answer could not have come at a better time! I just spoke with a lawyer who recommended adding the arbitration and award defense to my answer. I just printed off the agreement available on the Fingerhut website, which states we MUST use AAA for arbitration. Thank you so much!!
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