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SkyStillSunny last won the day on July 8

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  1. Thank you @fisthardcheese. I will file my answer tomorrow and see how it goes in court in a month. Will update here.
  2. Hi @fisthardcheese or anyone else that would like to provide any suggestions at all. Any thoughts on the above? The clock is ticking before I need to file an answer, and was hoping for some feedback on my approach. Thanks!
  3. Thank you so much @NormInGeorgia. I'm going to see if I can use any of these claims if I file a counterclaim. Also, @fisthardcheese I saw the below in Norm's document at the very end. Doesn't this count as a prayer for relief? So this is my plan: 1. File an answer and deny the claim. Should I go ahead and put my affirmative defense with arbitration? The reason I asked about the counterclaim here is because on the Answer Form there is a section to counterclaim, but I guess you can't deny and counterclaim at the same time. I was confused about that. 2. At my court date, I will present my MTC arbitration. 3. If the attorney calls out the "ordinary claim" verbiage of the agreement, then I bring out my AAA form. (This agreement only has AAA as their arbitration option.) Should I file the AAA case now or wait? In my AAA form, I will submit this to the judge as evidence of the fact I'm not precluded by the "ordinary claims" exception in the contract. So what do I need to write in the claims section of my AAA form to indicate that I'm requesting an injunction? Do I have to find a claim? Like asking them to remove it from my credit report? Not sure what to write here... 4. What if the judge doesn't agree that my evidence does not preclude me from "ordinary claims"? Trying to think of all options here, because I'm certain this judge will find a reason after having seen him several times before. Thank you!
  4. How would I be able to ask for an injunction as a defendant? Is that requested on the answer form that I turn back in to the court? What if my injunction is denied? Are there any other common counter claims that these JDBs might be in violation? I have gone through the papers, and it doesn't appear to be any. If I were to find one, would I put my counterclaim in my answer?
  5. Yes, so I'm thinking I just try w/ the MTC instead of mention a counterclaim in my answer? If it gets denied because of the "ordinary claims" I was wondering if there was any other declaratory ruling that I could use that is not of monetary claim that would get me out of that provision.
  6. @NormInGeorgia I don't know if I could file a counterclaim in my answer because I don't think they have committed any FDCPA violations. The amount they are suing for is exactly the amount that is in my credit report. Although the original amount when I defaulted was like 1100, but after all the late fees a year later the amount owed is now closer to $1500. However, I'm not sure those late fees are considered violations. The JDB did not send me the agreement verbiage. It is one I found on the consumer agreement db.
  7. Hello, it's me again. I was just served by Stenger and Stenger (representing Cach LLC) on an account that was dismissed without prejudice last year. The last time they sued me I appeared in court and during mediation I told the attorney that I planned on filing a MTC arbitration. She was confused, and when we went to trial she asked for a continuance. The judge granted it, and we were to appear back in court 30 days later. Well when I came back, no attorney was present so the judge signed a dismissal without prejudice. I did ask him to make it with prejudice, and he denied the request. Here we are again, and the same law firm representing the same JDB is suing me again. I haven't sent in my answer yet. I was planning on using the same arbitration defense, but after further review of the credit card agreement there is a note about "ordinary claims," and I just went through another case with that clause and was denied my MTC arbitration from the judge! Btw, this is in GA. The amount is around $1300. It's for First National Bank in Omaha that was defaulted around Feb 2016, maybe earlier. I'm really afraid that my MTC arbitration will get denied again because the judge is a JDB friendly judge. Do I have any other options to file my answer? I mean I am going to try to proceed as usual w/ my answer and then present my MTC at court, but because this has no mention of small claims court, even if I was denied, and appealed to a higher court it seems like that verbiage would still stand. Thoughts? Help? Below is the verbiage from a Q1 2016 agreement. And the bold is what I'm concerned about. So many of you have helped me dismiss so many cases over the past few years... I need some advice on this particular circumstance to see if anyone has any success with arguing this. THANK YOU!
  8. I got so flustered that I didn't even give him time to react after I handed him my counterclaim, which in hindsight I should have waited for! I just did NOT want to face that judge again. He scares me and makes me super nervous and I felt like if he asked me a bunch of questions about my counterclaim, then I would probably look like an idiot. I really thought about it and didn't even make a decision until I met with the attorney and just decided that I wanted this settled. I am happy with the results. You guys rock!
  9. UPDATE: First of all, can I say how much I love this board? It has been instrumental in helping me with so many of my cases. I really appreciate all the knowledge and advice that you guys so willingly share. Indebted (no pun intended)! So I went to court, and filed my counterclaim with the clerk immediately. The attorney was there for me and 4 other cases. Guess how many showed up? Just me. We go to talk in the hall. He tells me that his client agreed to settle for 65% and I can make monthly payments over 2 years. At our last hearing I tried to settle with them and offered $1000 right then, or 50% w/ payments (bc my MTC was denied, and I didn't know what else to do), and he called the client and they said no to that, and said the best they could do was like 80%. I told them no and we could go to trial, well that's when he got the continuance so he could go back to his client and discuss a 50% settlement, and they would let me know. Well at all of y'alls suggestions, I said no to the 65% settlement and that I had just filed a counterclaim against his client for malicious prosecution and violation of the Fair Debt Collection Practices Act. And that the most I could do was $500 and payments over 4 months. Then I said if he didn't agree to that, then we could go to trial and that I knew I would lose since the judge already denied my MTC, and I was already aware of that. However, I said I planned to appeal his decision and take it up in State Court. Then he told me to hold on, and he texted someone for a couple of minutes and said "ok the client has agreed!" So he pulls up a consent order, and then I told him that there has to be language in it that states that the case would be dismissed with prejudice and that my credit file will show "paid in full" for this account. And at first he said no, he has to do dismiss without prejudice and not to worry that they wouldn't go after me again. I told him no deal if it doesn't say WITH PREJUDICE. So he gave in. I know that I could have probably taken this to state court and been granted my MTC, but the appeal was going to cost me at least $217, and I figure another $283 to just settle this now and not have to go back to court was worth the anxiety that going to court always brings me. THANK YOU ALL SO MUCH! Another case with a successful outcome!
  10. Thank you @fisthardcheese that does make sense. I'd have nothing to lose then, so I might as well try. Can I bring my counterclaim to court on my hearing date (because of work I can't make it to the magistrate beforehand and it won't get there in time if I mail it now) or does it have to be filed before then? I may have lost out on that if it has to be filed before. I could probably go to the magistrate early and file it right before my hearing?
  11. @fisthardcheese I called the magistrate and it looks like it's a $217 filing fee, and not sure if they will require a bond. But I can submit my MTC once I get a state case number since I already have it done. Ok, well I wasn't sure how much the attorneys would cost, so if it's 50% then I might as well try the appeal on my own. If I lose in state court, then is it just a default judgement for the full amount at that point? Do I have no room to negotiate a settlement in state court? Is there a boiler plate counterclaim on this forum I can use? The only worry I have with this is that if I file a counterclaim, and we go to court on that, then this judge I have will seriously rip me to pieces. He will want me to show evidence, and documentation and expect me to explain it thoroughly and I am not prepared for that. I am pretty sure he'd dismiss my counterclaim on the spot. He was the same judge previously that told me "Well you sure knew how to write up this MTC, so I think you can figure it out," when I asked him something about arbitration before.
  12. @fisthardcheese If I file an appeal, I might just get a lawyer to help me in state court. I thought I saw you recommend a firm in GA (near Forsyth or Gwinnett county), but I can't find that post. Do you have a law firm you recommend?