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BackFromTheDebt last won the day on November 22 2021

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  1. You still have the arbitration strategy. Since you have genuine violations, you can prepare a filing against them for FDCPA violations. Of course they will counter claim the debt. So, unless you have a compelling reason, don’t actually file in JAMS. Just prepare a filing.
  2. Why would you want to pay it ever? if it is this close to SOL, it is probably better to let sleeping dogs lie. I had some accounts that were dormant until SOL and nobody ever did anything. It will eventually fall off your credit reports. Unless you have a compelling reason to pay this off, and the money to pay off all your debts, you are better off letting this one slowly fall off the charts.
  3. It is an FDCPA violation to threaten action which the collector does not intend to take. Threatening a law suit may be an FDCPA violation if no suit is filed. There are exceptions. For example, pay up or we sue may not be a violation if the payment is made to prevent the suit. Threatening a suit is not a violation if a suit is filed.
  4. I don’t think there is such a thing as small claims court in Texas. You need to read up on as many Texas threads as possible to make sure. The reason that is a big deal: Citi has a small claims exemption for arbitration. If small claims does not exist in Texas, the exemption does not apply. Therefore you can take the case into arbitration. JDBs rarely follow into arbitration for such a small amount. If you file an MTC you will likely win
  5. I hope @texasrocker can get in on this thread. That being said, I think you are coming from this with a lot of misinformation. 1. I am not aware of any jurisdiction where a case can be thrown out for not having evidence in the summons and complaint. You need to ask for these in discovery. 2. The fact that you were in a severe car accident is sad, and I wish you a full recovery. However, it has no legal bearing on this case. 3. Failure to “work out a deal” is not admissible in court. It has no legal bearing on this case You need to tell us: Who is suing - the OC or a JDB? What law firm? who was the OC? how much ? what court ? so we can help with your strategy. I don’t know if you are judgement proof or not.
  6. Many times no court date is set when you are served. In some courts a date must be set by motion after service. Some of your text refers to an arbitration provision. It would be very beneficial to you to read up on the arbitration threads. Search for them. The laws in California are very consumer friendly. It would be very beneficial to you to search California threads and read them. It is possible for you to win this case, or at least get a favorable settlement.
  7. There are two factors here: 1. Is settlement you best option, and if so, 2. When is the best time to settle? The answer lies in what your level of comfort. If PRA sues, you can go into arbitration. The question is, will they follow with that large an amount. We have a definite "MAYBE" here. Usually they don't follow, but sometimes they do. You have to realize, companies will often institute a "policy". The policy may or may not make sense, and it may hurt the company. But anyone who violates the policy could lose his/her job. In the old days the policy of PRA was to NOT follow cases into arbitration. If the policy changes to always following, or even following for large amounts, you will be sunk. The second question is when is the best time to settle. Settling BEFORE a lawsuit will usually get a better settlement than after the suit is file. If a suit is filed, getting arbitration usually gets you into a better settlement situation. The two best times to work out a settlement are: A. Between the time you file and when they pay their first bill B. Much later on, between the time they get the bill before the final hearing and when they pay that bill. For the record, I have settled in both of those situations. Another settlement was after I showed their attorney evidence that really hurt the creditor's case. That is another story, but I have found from experience that having real violations greatly enhanced my negotiating position.
  8. This is excellent advice. Take your conditional victory, let sleeping dogs lie.
  9. This is important. The judge would have to rule on your MTC, and their attorney would either go along or argue that you waived Whether it is too late for arbitration varies from state to state, and even judge to judge within each state. In Florida it would be way too late. In Wisconsin it would not. The only way to find out if you are too late is to file an MTC. I have used the two-prong approach to MSJs before. Fight the MSJ and also file for arbitration.
  10. It is doubtful you could get recordings of the original conversation. Do you have a copy of the letter you sent them in dispute?
  11. That has only happened rarely, when the arbitrator thought the filing was in bad faith. Arb forums have an appeal process
  12. You can try for a dismissal. It may or may not work. In discovery, did you ask the question as to whether BOA and ML were separate subsidiaries of BAML?
  13. Two important questions? 1. Was this your account, or did your former partner illegally open this account in your name? 2. I don't know about Maryland courts. Is this court considered to be small claims? The reason I ask -- there are very few defenses you can use to fight a credit card claim. The fact that this was not on your credit report doesn't matter. Citi did not have to report it to the credit reports. If this account was not yours, you have several choices. A. You can file a police report for identity theft. Then, send a copy of the police report to the court and the attorney as part of your answer. Deny the claim on the basis that this account was not yours, and was identity theft. The police report would be crucial as part of your defense. However, if you believe your former partner opened up this account, this strategy could cause your former partner to be arrested and possibly even jailed. B. Accept the debt as your debt. Note that contacting your former partner and demanding payment or else you will file the police report could be considered blackmail, which is a felony. If the debt is yours, or if you accept the debt as yours to protect your former partner, that is when you need to find out if the court is considered small claims court. If not, you could file for arbitration, and quite possibly Midland will walk away. If it IS a small claims court, arbitration is out. In that case, you should contact the attorney about a possible settlement,
  14. It might be good if we can get @texasrocker on this thread. Often, the best way to fight these cases is with arbitration Citi has a small claims exemption. iIRC, that exemption does not apply to Texas Justice Court. So you may wish to file a MTC.
  15. I would always send a DV letter for one simple reason: that is a low bar to jump over, but occasionally creditors fail to jump over that bar. That is much less common now, but occasionally it happens, and when it does it is good for you. There are special laws in California, as well as special arbitration procedures. It would be a very good idea if you learned as much as possible about these. There are plenty of California threads. Also, there is the question as to whether you should wait to be sued, or if wait until you are sued. In general you wait until sued. There are some situations where you file before being sued. In a nutshell, is there some reason why a court case would be a bad thing for you? For example, choice of law and shorter SOLs in arbitration, or if you are or will be in a profession where you need background checks or security clearance. If so, file before they sue.
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