pulpfiction0

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pulpfiction0 last won the day on September 7 2020

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About pulpfiction0

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  1. Anyone know if Chase is still suing? Obviously they used to be one of the most litigious creditor, but since getting smacked down for their collection practices a few years ago, my understanding was they ceased legal collections. Tried to search on my state court's websites, but there are literally 10,000+ Chase cases circa 2010-3015 to wade through. Unfortunately there's no way to sort by the newest dates. I have a few Chase chargeoffs from over two years ago. They've sent settlement offers for about ten cents on the dollar...which was unheard of from Chase years ago.
  2. Why not turn the tables and make collection calls to Unifund's compliance department? Be sure to begin each call with the required Mini-Miranda 'this is an attempt to collect a debt...' The contact info for their compliance person is here: http://www.unifund.com/contact-us/ If they don't send a check in a few weeks, you may want to contact an attorney in the state they are incorporated in (Ohio). You'll have to domesticate the judgment, and then get a writ of execution. Hire a bunch of movers, a U-Haul, and get a marshal to start seizing office equipment, computers, etc. They'll
  3. Yes, it is. I've had a good deal of success dealing emailing the other side's attorney either right before filing an arb claim or right after. Otherwise, all arb would have accomplished for me was delaying the inevitable judgment/wage garnishment. I was able to get reasonable settlements at payments that fit into my budget from some of the most feared OC's (Amex, Citi) by playing the arb card without running up costs. However, since you're dealing with Midland, the one and only settlement you should accept is a mutual walkaway, unless the situation is keeping you up at night and y
  4. The search feature in the forums is helpful. I'd use it to further research arb in TX. This is the template I use: 1. On or about xx/xx/xxxx, Plaintiff filed its case against Defendant. 2. Defendant moves this court to compel Private Arbitration in accordance to the Terms and Conditions of the Credit Card Agreement (see Exhibit A, attached). 3. In a letter to Plaintiff’s attorneys dated xx/xx/xxxx, Defendant informed Plaintiff of its intent to exercise the Arbitration Clause contained in said Agreement (see Exhibit B, attached.) 4. The parties are bound by the Credit Ca
  5. Hence my disclaimer about not residing in Texas, as well as every state having their own nuances of civil procedure. In my state, a MTC in lieu of an Answer is fine. I was simply offering OP general advice. C'mon.
  6. You need to file a Motion to Compel Arbitration. Do you have a copy of the template? Stranger things in life have happened, but I can't see any way LVNV follows you into arb. Especially not for a relatively low balance account. 1st step is to get your MTC granted. Insist that the other party initiates. Disclaimer: Not an attorney. Not a Texas resident. Every state has their own nuances of civil procedure. Hopefully someone with experience in the particularities of TX can chime in. You'll want to know whether you can file a MTC in lieu of an Answer, or in addition to one. In
  7. Wise words, indeed. Definitely something I am going to keep at the forefront of my thoughts, moving ahead. I do intend to 'pay it forward'. BTW, the Citi attorney I dealt with was quite kind. A pleasant, easy experience. My advice to anyone dealing with the 'big boys' (aka Amex/Citi/Discover): get creative and daring. Never attempt to negotiate with 'phone collectors', as they have zero decision making authority, and are working from a script that only allows them to take payment in full (or very close to it). Learn how to use your state court's website. Research the plea
  8. I can live with it. The very low monthly payments will have minimal impact on my finances, but it will take quite awhile to pay off. Lowball settlements apparently do not happen with Citi, so I'm not going to keep pushing. Getting this off my plate will without a doubt help me sleep better at night. Thank you all for your input.
  9. Well, things move fast when you push the right buttons, apparently. They've offered to settle for about half the balance, at very low (under $100) monthly payments. Given Citi's reputation, I should probably just shut up and take it, right?
  10. I'm not going to initiate arb against myself. The notion of that is completely absurd. What's next...writing myself a speeding violation, as well?! At this point, I'm okay letting things play out. As mentioned, it will likely take some time (potentially LOTS of time if there is a 2nd Covid wave this fall/winter) for them to file suit. At that point, I simply MTC, emphasizing that Citi must be the party to initiate. Unfortunately, judges here often ignore pro se defendants (they essentially let Amex's attorney in a previous case dictate that I had x days to file in JAMS), so in t
  11. " 'We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us" I haven't been sued (yet). The account was with another law firm who actually served me with papers without replying to my DV. I immediately emailed the attorney, who did not actually file the suit with the court and provided validaty. The account was then passed on to the current law firm.
  12. Bentrud involved an arbitration at a very different stage than that referred to here. He was about to get racked up on SJ before electing arbitration; here, no litigation has even begun (yet). A quote from the 7th Circuit in that case: "his remedy sounds in breach of contract, not the FDCPA.” So the appropriate course of action is a breach of contract action against Citi?
  13. If we were in Small Claims, I'd agree completely. The amount here is under 10k, but still above Small Claims limits. That said, courts in my state are operating on a very limited basis. I regularly check the online dockets, and the law firm has essentially stopped filing new cases during the Covid shutdown. It's anyone's guess as to when the courts will be up and running at full speed again. Sure, they can ignore my settlement offer, but they might not even be able to sue me until well into 2021. Then we'll go through the whole song and dance of filing a MTC and arguing over who
  14. While there's no case law (yet) to claim that it is, a logical argument can be made; 1) By electing arb in a DV, the attorney is precluded from filing suit. 2) As such, filing suit is no longer an action, and doing so would constitute an fdcpa violation (threatening to take or taking an action that cannot be legally taken).
  15. Not much has happened (yet). I elected arb in my DV letter to them, and made it clear they would be facing an FDCPA suit if they decide to sue instead of arbitrate. They sent a packet with AAA forms partially compled, demanding that I initiate. Not going to happen. Not only is that contrary to their arb clause, but it's absurd that I'd file a claim against myself. Their claim; their burden. I emailed their attorney a lowball settlement offer. Haven't heard back thus far, and don't really expect to. If Citi wants to continue to play hardball...fine, they can wait to file o