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BackFromTheDebt

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BackFromTheDebt last won the day on September 15

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  1. Can you still file an answer? Maybe. If you file an answer now, some judges will allow the answer anyway, others will disallow it because you missed the deadline. There is only one way to find out.
  2. Not likely. These days scammers usually hang up as soon as they know you are on to them.
  3. Yes, assuming there was a court order to arbitrate
  4. I have been in a similar situation. If they don’t pay the case is closed in arbitration. If that happens you have almost certainly won, since the case was already dismissed without prejudice. If you want, you could file a motion with the court, showing the arbitration records, to change the status to dismissal with prejudice.
  5. For the benefit of lurkers looking for information: A dismissal without prejudice is a significant victory. The case is rarely re-filed. What that means in this case: the Junk Debt Buyers (JDB) usually look for the low hanging fruit. Lesson 1: the OP showed they weren’t low hanging fruit. That is often good enough to scare off a JDB Don’t be the low hanging fruit Lesson 2: There are strategies available to consumers in California that make life difficult for the JDB. Use them.
  6. Discover does have an arbitration provision The bad news is, they usually follow through to the bitter end in arbitration. Some of us have used arbitration as a way to negotiate a better settlement. Unfortunately you have to spend a lot of time for that. Several, including myself settled with Discover right before the hearing was scheduled. Often they are willing to settle for better terms just before they pay that final hearing bill. Some have suggested seeing an attorney. That depends. In some places there is an old boys network where the attorney for the creditor is friends with some of the local consumer attorneys, and they have a standard settlement offer they always come to. That way both attorneys get paid. In SOME jurisdictions that is the cheapest way out. In some others you can negotiate a settlement offer yourself with just as good terms without having to pay the attorney.
  7. From what I saw on Google it takes about 2-3 months to finalize a quiet title. Whether the time frame is the same with COVID is another question. If I were the OP, and working with a real estate agent, at the minimum I would discuss this with a real estate agent. It might be wise to discuss the issue with a real estate lawyer.
  8. I have no idea what this means. I looked up the law firm on the internet, and they practice consumer law. At this point you don't know how they got your name and info. Perhaps you could email the legal assistant and ask. He probably won't know. It doesn't look like you have any course of action vs. Wells Fargo right now. You would need proof that they are reporting your account as delinquent, and even then you may not have any cause of action against them.
  9. There are two states -- Mississippi and Wisconsin - -which have a Statute of Repose. That is, when the debt hits the SOL point, it no longer exists. So those of us in states with a Statute of Repose probably do not have to worry about zombie debts rising from the grave in arbitration.
  10. Fear is their greatest weapon. Knowledge is your greatest weapon. The knowledge I got from this and similar web sites took away my fear, and let me beat my creditors. I walked away from over $100k in unsecured debt. It was hard work, but I did it. Here are your steps: 1. Send a DV letter. This is a simple letter saying: "Dear Midland, I dispute this debt and demand validation. -You" That's all. Keep it short and simple. This buys you some time. They can validate, but it takes them some time to do so. 2. Get a copy of the credit card agreement from the Consumer Financial Protection Board web site. Check the arbitration clause, I believe your account has an arbitration agreement. Check to see if it has the small claims exemption. I think it does, but you need to make certain. 3. Check the SC laws about small claims court. This is important. I don't know the SC laws. This is absolutely crucial for your next steps. If SC has a normal small claims court where lawyers can represent clients, then you will need to file in arbitration BEFORE they sue you. 4. There are some creditors which have programs where they will forgive debt for people in dire financial straits. I don't know if Midland is one of them. Check their web site. Maybe someone else knows the answer. Is it Midland or PRA? When you have the information for #2 and #3 and #4, come back to us. We will guide you through this. Arbitration will either get them to walk away from the debt, or else put you in a much better position to negotiate a settlement.
  11. Statute of Limitations. With the FDCPA, you have one year after the violation to sue them. Not one year after it is discovered, but one year after the violation. That gives a bit of an edge to creditors. They have 6 years from the date of first default to sue you, and if they violate your rights in the process, you only have one year to sue them. So if they file suit in October 2022, you can't use the FDCPA violation as a counter claim. That is why state laws are important. In my state, there is a 2-year SOL for violations, which cast a wider net than the FDCPA. Also, if a consumer is sued, there is no limit on counterclaims for violations. At some point you may need to check your state laws. If they sue you in the next few months, there is no issue. If they haven't sued you soon, you may need to figure out your strategy.
  12. In NY it is legal for you to record your own phone call. There are apps which make it easy to record a call. It may be wise to record future calls. I don’t know if it is legal to use a call recorded without the other party’s knowledge in a court case for NY. You need to check the laws. Sometimes people here get around that by saying something in the beginning such as “this call may be recorded, right?” Since you have a record of the call, date and time, with whom you spoke and what they said, that is admissible evidence. If used in court or arbitration it should be accompanied by an affidavit. The point of this is to make any potential arbitration as painful for them as possible. Note that the SOL on FDCPA violations is one year. Check your state laws. For example, in my state the SOL for violations are two years, but that can be extended if used as counter claims. As for arbitration, you are only liable for up to the cost of your filing in most cases. That is $200 or $250 depending on what type of arbitration you use. I would recommend JAMS. At this point it would be wise to accumulate violations on their part.
  13. If they used such language, it was probably an FDCPA violation. What state are you in? What are the laws about recording phone calls? Arbitration often works. For that large an amount it may or may not work. That is why having FDCPA claims against them is good. There have been times I have had FDCPA or similar state law claims and have been able to either get the other side to run away from arbitration or use the combination of arbitration and counter claims to get a mutual walk away.
  14. I have done something similar, in situations where collectors are also liable. As mentioned in some posts a few spots up, there are some situations where debt collectors and law firms are subject to arbitration as well. In those situations, when I file against the creditors I also file against debt collectors and law firms. That helped me get some debts wiped out in cases where the law firm remained the same. Another OC dumped the law firm, so the original law firm had to settle with me separately. They planned to just throw the law firm under the bus.
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