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LaneBlane last won the day on April 20

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About LaneBlane

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  1. As soon as you closed the business and vacated the property you should have made the landlord aware there was a UCC lien on all the equipment. This would have put them on notice if they considered selling or disposing of anything you abandoned. When I worked in commercial real estate for a large, international company, we had a department that conducted lien searches for equipment left behind. Smaller leasing and management offices may not do this. As WhoCares1000 said, the creditor has every right to forcibly take the equipment. If the landlord still has possession of it, the creditor will be going after them as a third party.
  2. It sounds like you were mislabeled. I hope you won't be hit too hard for filing an amended tax return for last year. I also hope your attorney is able to get you the overtime you feel you're owed. Good luck!
  3. If the "employer" sent a 1099-MISC, this would help substantiate their claim that the OP's wife was a contractor. The fact that the OP's wife didn't set her own hours and used the "employer's" equipment point to her being an employee. As long as the OP's wife paid taxes on the income she received, they should see how far an attorney can take this for them. If taxes weren't reported, they may be opening a can of worms they don't want to mess with.
  4. Did your wife ever receive a 1099-MISC? If not, how did your wife report the income to the IRS?
  5. Did the woman your wife worked for ever issue a 1099-MISC? How did your wife request payment? I worked as a private contractor for a real estate agent years ago. Every two weeks I'd invoice the real estate agent. What I received during the year was reported to the IRS (1099-MISC) and included on my taxes. If your wife would like to be compensated for overtime hours, being able to document these hours will be critical. Did your wife keep a detailed accounting of her hours at the time?
  6. Thanks for taking the time to send a detailed response. I think you're right. I'm probably overthinking things.
  7. Just to clarify. I'm not being sued. I wanted to file in arbitration against a business in a matter that doesn't involve credit/debt. I'm up against an SOL that expires later this year. (I'd file in arbitration a month or more before this happens.) Because of what happened in my JDB arbitration case, I'm afraid the other party won't pay their portion of the arbitration fees and costs. This would allow the SOL to expire while things were in limbo. It seems filing a Petition to Compel Arbitration in Federal court would protect me, but it wouldn't stop the clock. Another option I have is to file a civil Complaint against the business (which would stop the clock). The amount involved well exceeds what's allowed in small claims. Then I could wait for the business to file a MTC arbitration and agree to their MTC. The only drawback is having to pay a few hundred dollars for the filing fee. (Worth it in the scheme of things).
  8. Great point! If I'm not able to reach a settlement with them, I've decided to file a demand for arbitration and leave it at that. Thanks!
  9. Here's a link to the Minnesota Rules of Civil Procedure on process server requirements: Rule 4.03 Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual’s usual place of abode with some person of suitable age and discretion then residing therein. If the individual has, pursuant to statute, consented to any other method of service or appointed an agent to receive service of summons, or if a statute designates a state official to receive service of summons, service may be made in the manner provided by such statute. If the individual is confined to a state institution, by serving also the chief executive officer at the institution. If the individual is an infant under the age of 14 years, by serving also the individual’s father or mother, and if neither is within the state, then a resident guardian if the infant has one known to the plaintiff, and if the infant has none, then the person having control of such defendant, or with whom the infant resides, or by whom the infant is employed. Unfortunately, your best action would have been not to wait. You only have until Friday, so you'll have to act quickly. For everyone to better help you, please answer the following questions: If you are inquiring about a lawsuit in which you are the defendant (ie you are being sued), you need to answer the following questions (as much as possible): 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. When did you open the account (looking to establish what card agreement may be applicable)? 12. What is the SOL on the debt? To find out: Statute of Limitations on Debts 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 18. How did you find out about this site? 18. Read these two links: Using Arbitration To Defend A Debt Collection Lawsuit Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  10. The arbitration clause spells out what will happen with fees at the conclusion of the case: "If an arbitrator issues an award in our favor, you will not be required to reimburse us for any fees we have previously paid to the administrator or for which we are responsible." According to JAMS consumer rules, they would be responsible for anything above and beyond the consumer's filing fee.
  11. Thank you. I read Section 4 of the FAA (Failure to Arbitrate Under Agreement) late last night. This outlined the process involved.
  12. Thanks for your response. Even if a court grated an MTC, it's my understanding that a court can't force a party to pay the required arbitration fees/expenses. This is why I'm concerned about an SOL expiring if things get stuck in limbo with AAA. The only arbitration case I've initiated (against a JDB after my MTC was granted) ended up being closed by JAMS because the business never paid. That's why I'm kind of thinking the same thing may happen.
  13. Is the principal that important to you? If you're trying to buy a home, the lender will insist that all collection accounts be paid off... all the more reason for you to pay the $310 and cross Chase off your list. This will allow you to move on the next account that needs your attention. The sooner you take care of this, the sooner your credit score will start showing improvement.
  14. Thanks for the sound advise. For all I know, they'll intentionally run the clock on the SOL before they pay their arbitration fees/costs. If filing in court is the only way to stop the SOL clock, I'll have to do it.