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BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. This is a big reason why it makes a difference whether a case has been filed. If a case has been filed, arbitration is out of the picture. If this is a letter saying the matter has been sent to an attorney, arbitration is possible for a short time. I won against a similar situation with a different creditor by filing in arbitration right before they filed in small claims court. Small claims exemptions are one of the few times to file in arbitration before a court case is filed
  2. From my reading of the order you have to pay the filing fee. That being said, if you and the plaintiff come to a settlement before the fees are paid, and such settlement includes closing the case in arbitration, paying the fees becomes a moot point.
  3. My arbitration cases were all in the early days, but the strategy may still work. What I did: I would fill out the forms, mail the forms to JAMS, with a copy to the opposing attorney. I wouldn’t pay the filing fees yet. I would then contact the opposing attorney and offer a mutual dismissal of all claims in both the court and arbitration. If they agree, no fees need to be paid by anyone. That sometimes worked. In another case I waited until the case was closed by their non-payment. Then one has to pay the fees, but it is still a victory. In some other cases I was able to get a settlement with NDA much later in the process, but those were OCs.
  4. Florida is different from the other 49 states when arbitration is involved. IIRC, the way to do it in Florida is to file an MTC instead of an answer. Do a search for the Florida threads to make sure.
  5. Companies have policies. The employees must follow the policies. The PRA policy is to forgive a debt for certain permanent hardships. They also have a settlement negotiations policy which I don’t understand. You may think it dumb, but the employees must follow the policy.
  6. There are two things you can do — either respond or not. If you are suffering from a condition that makes you permanently unemployed and unemployable, by all means fill this out. PRA has dropped cases for those situations. If they drop the case you pay nothing.
  7. My advice is to file ASAP, because of possible delays in the process Make sure a copy of everything goes to the opposing attorney. You probably won’t need to send the AAA papers to the court. When you get the response from AAA, send that to the court. At that point you have done what you need to do. And send what you send to the court to the opposing attorney as well. Then, see what happens.
  8. That is a completely different kettle of fish. SOL plays no part in your strategy. Step 1: Send in a DV. As for Step 2, that is an interesting situation. You have two options. Either wait for them to sue and fight it out in court, or, assuming this will wind up in small claims, file for arbitration before they can sue you. That is the only way to get a Citi case into arbitration if it’s small claims is to file before they sue. That’s how I got a small claims amount for my Citi/Home Depot into arbitration. I am no expert on Texas. @texasrocker is. So I always defer to his greater knowledge of the Lone Star State.
  9. You say this is about 6 years old. Either it is past SOL or very close to SOL If it’s close to SOL, wait until about 3 weeks after their first contact, and send a DV letter. That buys a few weeks. Your strategy after that depends on how close it is to the SOL
  10. So there you have it. Since you are in California, and not Mississippi or Wisconsin: 1. Was the account in the same bank as the debt? If so, this might be okay. If not, go to step 2. 2. Is there a judgement against you? If so, probably legal. If not, step 3. 3. Find a good consumer attorney.
  11. Then you are talking about you going after them. I’ve seen some malefactors who want to cut a check as soon as they are called out for their actions. Others who will negotiate once sued or in arbitration, and a few who will fight to the bitter end. Some of the last category take the whole thing very personally for some reason. You may be facing an organization that, as a matter of principle, decided to fight to the bitter end. In which case, you either win or lose.
  12. Painting them as unreasonable won’t help. What often helps is getting the bill for the in person hearing. That often, but not always, gets them to negotiate. There are several people, including myself, who have had creditors agree to the same settlement they ignored or rejected earlier when faced with the hearing bill. Of course, YMMV. This could be a case of a creditor who wants to punish people who choose arbitration. It could be an attorney who is using this to rack up the bills, and doesn’t care what is best for the client. What you need to do is to fight this vigorously. Get all their documentation during discovery. Get as many status hearings as possible. Go over their accounting with a fine tooth comb. Object to their witness. File a motion to have their witness appear in person. I have won cases, or at least forced a settlement, several times this way.
  13. I don’t have any experience with American Speedy, and I don’t recall any threads about them. You could do a search. It appears they won’t back down. If they have already spent over $3000 on an $1100 debt, they aren’t walking away. If I were in your shoes I would try to settle.
  14. Does the agreement include an arbitration provision?
  15. That is different for different companies, and different states. I used to work remotely for a California company, and they couldn’t figure out a way to pay me in Wisconsin as an employee. So I had to work as an independent contractor with my own company set up and I was paid 1099. So I only had to file Wisconsin taxes. I now work mostly remotely for a company in Illinois. Fortunately Wisconsin and Illinois have tax treaties so I only pay Wisconsin taxes. I have no idea if a company can garnish California wages from a Texas resident. I don’t know the garnishment laws. If I were the OP, I would investigate rather than making assumptions.
  16. Uh, telling them you are going to rack up their bill may be a bad idea. If they win the case, they may claim you are acting in bad faith. That may give them an opportunity to force you to pay their fees. This has been seen rarely, but it has been done. One of Judge Susan Weber Wright’s last cases she put about $60,000 in sanctions against a guy for acting in bad faith. The fellow who was sanctioned posted here and the deduct “other “ board under the name ColtFan. We have also seen this in JAMS a few times.
  17. Another poster mentioned counter claims, which are a potent weapon if they are bona fide counter claims. Don’t just make s*** up. Discovery is a big thing. Make sure you use discovery to get all their evidence against you. This is also a good time to go over their accounting with a fine tooth comb. I got the accounting for Cap 1 thrown out of court even before arbitration because their affiant wasn’t qualified. I found some possible discrepancies with the statements from another OC I can’t mention. Things that cast doubt on the validity of the statements. For example, a statement from one year would have an ad with a date from a later year.
  18. That strategy tends to work best when one has bona fide counter claims. I got Cap 1 to walk away from arbitration with that strategy. Also some other big name OCs I am not permitted to name. But, I had real, bona fide counter claims. In one case I sent the new attorney my proof during discovery (I had already settled with the original attorney). As soon as the new attorney saw my evidence, he was quite ready to come to an agreement to close the case.
  19. An interesting question: When you file your taxes, do you file California taxes as well as Texas taxes?
  20. At this point the creditors don’t want to remove arbitration. The costs of an occasional debtor running up the tab are small compared to being able to avoid class action law suits. Then you get creditors like Citi. With the small claims exemption, they get the protection against class action suits while avoiding running up the tab on most is their accounts. I got around that by filing in JAMS before they filed in court. Other cards have closed some loopholes that used to hurt them. Discover is based in Delaware with a 3 year SOL They rewrote the arbitration provision to use Delaware law except for the SOL And yes, the big banks will do whatever they need to have their cake and eat it. After the 2005 bankruptcy law, banks were throwing money around to anyone and everyone because the BK protections were gone and they still had the NAF scam. When the economy tanked, the banks were bailed out for their mistakes but the customers were left holding the bag
  21. No. The exemption is when the case is in small claims court or the equivalent. You would have needed to file in arbitration before the case was filed in small claims
  22. This seems to say things could change if things change. All things must pass. We can only look at the current state of things, where arbitration is expensive for the JDB and they can’t initiate. BOTH would have to change for the JDBs to go back to arbitration. Essentially, if we went back to the way things were with the NAF scam, we would need to worry. Unless there are major changes, this won’t happen. But it could happen. There was a joke in Poland during the iron curtain days: An old man refused to put his money in the bank. His son intervened: SON: At least put in 100,000 zlotys. When you see how convenient and safe it is, you will want to put in the rest. OLD MAN: I have seen many banks fail. What if the bank fails? SON: The bank is backed by the Polish government. If the bank fails you still get your money. OLD MAN: I have seen countries come and go. I saw Poland fall before. What if Poland falls? What will happen to my money? SON: The Polish government is backed by the army of the entire Soviet Union. OLD MAN: What if the Soviet Union falls? SON: Isn’t that worth 100,000 zlotys?
  23. There was a time when creditors would initiate arbitration and take the debtors to National Arbitration Forum, NAF, which was a cheap rubber stamp for the creditors. The NAF scam ran out of Minnesota. At one point the Minnesota AG office put a stop to this scam. NAF closed. Some banks which had been particularly abusive, such as Cap 1, were forced to remove arbitration. No creditors may initiate arbitration now. The only way a JDB can get involved in arbitration is if the debtor initiates arbitration.
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