noni2four

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About noni2four

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  1. The problem I have with divulging too much information on public forums is that I have read stories where JDB's will troll forums and fabricate info/documents. When I sent the notice to them that electing arbitration, I initialled the letter - I did not sign it. NO WAY was I going to provide my full signature in case they did not have it. The same way I will not say the word "Yes" on phone calls with them. There have been more reports on the news where scammers will take a recording of the persons voice saying "Yes" and use it to create fake recordings of them agreeing to various things. I'm very cautious, maybe too much so, but it's better to be too safe than sorry.
  2. When I was researching mistaken identity instances with debt collectors, this is one of 5 or more I happened across - then there were instances listed in several other reports pertaining to the major lawsuit out of the northeast. http://kcur.org/post/jury-awards-kc-woman-83-million-debt-collection-case
  3. I was not aware of this until I had papers stuck on my door that I was being sued. Since then, I have focused only on dealing with the court case. Once served, I jumped online and began to research - I was not going to contact them not knowing what would forfeit my right to arbitrate. They should KNOW they have the wrong person, I'm sure they do. They were probably hoping I would do what the majority does and not show up, not respond. I even went so far as to only initial the notice to elect arbitration letter to them for fear of them using my signature before court. You hear things on the news about scammers recording your voice answering YES to a question and then apply it to other things - It's made me a little paranoid about what we can and can't do without harming ourselves. So, I'll leave it to the courts and JAMS - they're the pro's.
  4. I've read too many reports about these guys fabricating info. I have received two pieces of info that look like they've been photo copied and used a gazillion times. I just really want it over and will be taking care of things on my end to try and make myself "identity theft" "mistaken identity" proof. Once I slay my own dragon, I'll figure out how to attack the bigger beast. So glad your day in court was MUCH better than you anticipated. I've already filed everything with JAMS - they and the courts know they didn't respond in 20 days - so I'm hoping my case is just put out of it's misery quick. Good luck with the rest of the process - I'll be watching for updates
  5. I know I'm more than likely WAY overthinking the whole thing - but it's freaked me out pretty bad since the day I was served. I was NOT expecting that in any way. My husband and I are very frugle and financially responsible. We have 2 credit cards, 0 balance. We have our home (on a 15 yr and will be paid off in 5 more), a vacation lake cottage that is 100% paid. We have two vehicles (an 06 and an 07, both are great shape, and paid for. We owe NOTHING outside of our primary property, a couple of student loans I have and THIS thing. If we want something, we save, work overtime and pay cash. I have a very unusual first name and when I got married, my very unusual last name was replaced with a very common last name. It just so happens there is someone with the same unusual first name and common last name that lives about 20 miles away and has a court history of debt half as long as my arm. Now, unless I had a kid (we have four grown kids) that got the card and I didn't know it, which I doubt - then it must belong to the other person with the same name - I noticed in all her cases, there is no middle initial either Through this process I have learned the collector does not have my SSN - the account does not have my middle initial (which I ALWAYS use) - I did not get calls from them UNTIL I filed my papers with the court and they received their copy. I have read stories where some of these crooks get your signature and will fabricate documents so I've been very careful about my signature with the court docs. In the last phone conversation I had with their collections department, I told them this matter was in the courts and I was not entertaining any conversation with them. The lady demanded I verify my address. Seriously! I laughed so hard and was like "lady, somehow you managed to get a lawsuit summons left on my door, I will NOT verify anything with you!" So yes, I am more than certain it is not me! I prefer to go the arb route because I just don't have the time nor the energy to fight the ultimate fight against them. I've been getting up at 3:30-4 AM just to research and study the arb method of fighting them and I'm beyond exhausted.
  6. Thanks for the clarification. I have NEVER had any dealings with court, EVER, outside of a divorce many years ago.
  7. I just spoke with JAMS and it made me feel more confident knowing I've covered all my bases. I'll just wait it out and let them make the next move then decide what to do.
  8. I have filed with JAMS and just to be 100% certain that everything is in perfect order, I called them and I am totally confirmed and legit. In fact they are sending me a letter I can print to keep with my records indicating I have taken care of my full responsibility just so that I am prepared should I need proof/validation. I'm feeling a bit more confident now. I'm an extremely organized, calculated and by-the-book kind of person - uncertainty makes me edgey. I'll not pursue any action with the court at the moment. I've got my bases covered and that's good enough for me right now.
  9. I assume it's an "order" I attached a copy paper says Administrative Event (The Court gives Plaintiff twenty (20) days to file a written response to the Defendant's 09/12/2017 Motion to Compel Private/Contractual Arbitration and Dismiss or in the Alternative, to Stay Proceedings Pending Arbitration.)
  10. I am a little stressed over the unknowing I suppose. I've read a couple of other experiences here in Indiana where PRA played games by not following through and months later, the person found themselves back on the hot plate. Should I email the attorney - point out their lack of response per the court order and see if I can't negotiate a dismiss with prejudice, remove tradelines, no 1099 in exchange I will drop arbitration? It's my understanding that attempting to negotiate a settlement won't harm my case, is that correct? I'd just like there to be some finality to this so I can clear my mind and move on without feeling like I have to constantly watch court logs for resurfacing.
  11. I just checked again on the court website - still no response. Here are the Indiana Rules that I understand to apply ----------------------------------------------------------------------- Rule 37. Failure to make or cooperate in discovery: Sanctions (B) Failure to comply with order. (2) Sanctions by court in which action is pending. If a party or an officer, director, or managing agent of a party or an organization, including a governmental organization, or a person designated under Rule 30(B)(6) or 31(A) to testify on behalf of a party or an organization, including a governmental organization, fails to obey an order to provide or permit discovery, including an order made under subdivision (A) of this rule or Rule 35, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following: (a) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order; (b) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence; (c) An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party; (d) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination under Rule 35; In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him or both to pay the reasonable expenses, including attorney’s fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. (A) Voluntary dismissal: Effect thereof. (1) By plaintiff--By stipulation. Subject to contrary provisions of these rules or of any statute, an action may be dismissed by the plaintiff without order of court: (a) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs; or (b) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim. The provisions of this subdivision shall not apply if the plaintiff in such action could not effectuate service of process, or otherwise procure adjudication on the merits. (2) By order of court. Except as provided in subsection (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff’s instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim or cross-claim has been pleaded by a defendant prior to the service upon him of the plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim or cross-claim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this subsection is without prejudice. (B) Involuntary dismissal: Effect thereof. After the plaintiff or party with the burden of proof upon an issue, in an action tried by the court without a jury, has completed the presentation of his evidence thereon, the opposing party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the weight of the evidence and the law there has been shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff or party with the burden of proof, the court, when requested at the time of the motion by either party shall make findings if, and as required by Rule 52(A). Unless the court in its order for dismissal otherwise specifies, a dismissal under this subdivision or subdivision (E) of this rule and any dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction, operates as an adjudication upon the merits. (C) Dismissal of counterclaim, cross-claim, or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to subsection (1) of subdivision (A) of this rule shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing. (D) Costs of previously-dismissed action. If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order. (E) Failure to prosecute civil actions or comply with rules. Whenever there has been a failure to comply with these rules or when no action has been taken in a civil case for a period of sixty [60] days, the court, on motion of a party or on its own motion shall order a hearing for the purpose of dismissing such case. The court shall enter an order of dismissal at plaintiff’s costs if the plaintiff shall not show sufficient cause at or before such hearing. Dismissal may be withheld or reinstatement of dismissal may be made subject to the condition that the plaintiff comply with these rules and diligently prosecute the action and upon such terms that the court in its discretion determines to be necessary to assure such diligent prosecution. (e) Where a party has failed to comply with an order under Rule 35(A) requiring him to produce another for examination, such orders as are listed in paragraphs (a), (b), and (c) of this subdivision, unless the party failing to comply shows that he is unable to produce such person for examination. --------------------------------------------------------------------------------------- Do I file for a summary judgement? Motion to dismiss and request a hearing? Wait and see if the judge does the right thing by staying the case pending arbitration? I have notified the JAMS representative of PRA failure to comply with the court order to answer just to let them know I have every intention of moving forward with this. THEY screwed up by not answering. The files are done electronically so there is NO WAY they can say they did not receive the court order to answer. If I had failed to answer in the 20 days, it would have resulted in a Default Judgement against me. I know these guys are used to not being challenged and they were probably too busy filing 200 more cases to take the time to respond to one order to answer - I want to hold them to the SAME court rules that apply to us!
  12. But that's just it, they have NOT dismissed it yet. They were to file BY yesterday, they did not. The only thing I have saying they are dismissing is a one sentence email to JAMS and myself that this matter is to be dismissed without prejudice. They have not finalized anything - they did not respond to the 20 day court order to file written response.
  13. I'm not comfortable posting what I have that supports my position on a public forum. Since they did not respond to my MTC, I would have the ability to force arbitration by having the judge render his decision, correct?