BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. JAMS can only be used if that is in the contract / credit agreement. There are 4 main categories of arbitration agreements. You need to find out which one your account is in, 1. Accounts with no arbitration agreement. If that is the case, you have no chance whatsoever of arbitration in JAMS or anywhere else. 2. Accounts with an arbitration agreement, but the agreement doesn't apply to small claims. Your amount is large enough this won't apply to you. 3. Accounts with an arbitration agreement, but does not use JAMS. Most will use AAA instead. Examples are phone carriers, etc. 4. Accounts with an arbitration agreement which includes JAMS. These are the best. #2 does not apply to you. If your account is in case 4, use JAMS. If your account is in case 3, use AAA If your account is in case 1, then you need another plan. Your homework assignment is to find out which category your account is in. If this is a credit card, the agreement will be in the CFPB web site. In any case, you need to know in order to work out a strategy. Some agreements require you to notify them 30 days ahead of any plans to arbitrate. Others do not. You need to know. If they send you a letter before you have your answer, then for your DV reply, add "if there is any arbitration agreement in the underlying contract, I hereby invoke my rights under the arbitration agreement, and demand that any disputes in this account be arbitrated", or something like that. It can't hurt you to put that in there, and it may or may not be proper notice that you intend to arbitrate.
  2. Yes. Once they have an attorney, all contact with the plaintiff is through their attorney.
  3. You can get your credit report without talking to the collection agencies, and without resetting the SOL. Your credit report can tell you when you last paid. Add a month to get you actual date of default. Add 6 or 8 years to get your SOL. If they haven’t bothered you in a few years, it might be best to let sleeping dogs lie.
  4. I didn't say you were scammed. I said that some of these debt consolidation firms are scams. I also said that MOST of the time, you can work out a deal on your own, working with the hardship program, as you can with one of these companies. There are exceptions. Bank of America refused to work with me, and told me they would ONLY work with a debt consolidation place. They recommended a non-profit. In the end, I handled it myself in a very hardball fashion, which worked because in those days BoA had terrible records and could not actually prove I owed them money. I said SOME of these places are scams. I also said that on this board use of debt consolidation places is discouraged. We have seen some horror stories of people who were scammed. It appears you were probably not scammed. Good for you. I have no idea what your contract with NDR says; whether or not the contract can easily be broken, and if you could just settle for the rest of the money. If you are stuck paying the money to NDR no matter what, there is not much you can do. It appears you have talked to different people at NDR who have given you conflicting information. What you need to do is see what is really going on. 1. Check you contract with NDR. Can it be broken without a penalty? 2. If you need the permission or aid of NDR is settling debts, make sure you find a person who really has decision making power. Sometimes it is the third or fourth person you talk to. That is just the way you have to deal with customer service for just about any company. Get passed along until you find either someone who has the decision making power, or else is sitting right by a manager who has that power. That's how I dealt with my last dispute with my phone company, for example. One guy tells me he can't fix my problem, so I get transferred until I found the person who could.
  5. Of course NDR doesn’t want you to negotiate. They don’t want to lose their cut. We generally frown on debt consolidation companies here Usually you can get at least as good a deal on your own Not always, but usually A few are outright scams I don’t know what kind of contract you signed. Is this a contract that can easily be broken? I am confused who the OC was You said “circle “ ? I am not familiar with any company called circle
  6. As far as trade line removal— that won’t happen. The chances they will agree are almost zero. One time PRA had one of my accounts. They didn’t sue, since they did not have a winning case. I offered them a choice between me paying 100% with a trade line removal or 0% with no removal. They chose to keep the trade line and get no money.
  7. I don’t know the rules for civil procedure in your state. In some cases they vary from county to county. Find out how to answer a complaint. In most states (not Florida) you should file a general denial with an affirmative defense of lack of proper venue because of arbitration. Also, file a MTC at the same time. There are good templates on this forum if you search for them.
  8. Not bad. Just file an MTC with the 2019 agreements. I once had a law firm file an opposition to my MTC on the grounds I had the wrong agreement. My reply was to point out that the agreement they sent in had, word for word, precisely the same arbitration agreement. I beat Cap 1 that way, back when Cap 1 still had an arbitration agreement.
  9. There are some companies which have hardship provisions. Which means if you are in a horrible situation, they will withdraw the case or agree to a very small settlement. I am not aware of PRA having a hardship provision, but it doesn’t hurt to ask. Call them up and see what is available. At worst they can say no, and you are back to where you are now. At best you can work something out with them. Some plaintiffs just want the judgment against you so that if your finances ever improve they can go after you. Others will work with you If negotiations or begging doesn’t work, buy a little time with a general denial. That will give you a few weeks or a few months more than a default judgment to work things out. In the meantime, look up the Michigan laws about how to make yourself judgment proof. There is some money they just cannot take. If your bank is somewhere they can’t find it, they can’t take it. Sometimes an out of state or internet bank is a good idea. There are also laws about what money can and cannot be touched. If you get disability, they may not be able to touch that money. You need to do your homework and find out what they can and cannot take — if negotiations fail. I think Cap 1 got rid of their arbitration clause. Too bad for you. But if they agree to drop the case, it won’t matter. If you can make yourself judgment proof, it won’t matter as much.
  10. Filing an answer asking for a payment plan may not be your best second option. Does this debt have an arbitration clause?
  11. There is a lot more to it. In some situations in some states his assets may be untouchable if he is disabled in this way. I am not a lawyer and I don’t live in Ohio, so I can’t tell you. All I know is Ohio is not a community property state, so any assets in only your name would be untouchable. There are some companies that will withdraw a lawsuit in cases of hardship. It may be that $1200 is a sum you can deal with, even in his current condition. Or it may be burdensome. As a first step, which you may have already done, see how this would effect the finances needed for his recovery. As a second step, find out what can and cannot be touched in Ohio. Then, sooner rather than later, contact the attorney suing him. Explain the situation and come to some sort of agreement. This way you are talking in a situation where you can make an informed agreement. In many cases they will be willing to settle for less than the total. In some cases they might be willing to settle for zero, if your situation is bad enough.
  12. Did the MTC specify who should file? If so, that answers your question. If not, then you have to file. If you don’t file, the plaintiff will just point out to the judge that you never filed. They will say you therefore waived your rights to arbitration by ignoring the court order to arbitrate. The judge will almost always agree.
  13. There is a difference between saying an account is not yours and filing a police report. When you file a police report for possible identity theft, you are filing with threat of a criminal penalty if you are lying. If you just say to the judge “this is not my account “, maybe he will and maybe he won’t believe you. If you go to court with a police report, you have much more credibility.
  14. Generally it is not a good idea to put your real name on this forum. There may be a serious FDCPA violation if they continued debt collection after sending a DV letter, to which they did not reply. 1. Did you send the letter Certified Mail Return Receipt Requested? And did you keep the green card? That could be vital evidence for a claim against them. 2. Who is the plaintiff, who was the original creditor, and how much are they suing you for? 3. This appears to be a case of mistaken identity. That is certainly a defense of the debt— wrong person. You need to fill out an affidavit that the account is not yours; that it belongs to a different Ms. Smith. 4. I don’t have a clue as to who the best consumer lawyers are in your area. All I know is there is a good chance they will wind up having to pay you money if what you say is accurate, and you find a lawyer willing to take your case.
  15. Yes, some of those are more blatant that others. I do recall a few people coming in and saying they could pay off the debts if they wanted to, but they just didn't feel like it. But there are so many ways to get into debt. In my case it was a few bad decisions and a lot of bad luck, which led to the infamous debt spiral. I got past the emergency stage long ago. But, we got our house in 2002, and it wasn't until a few months ago that we finally owed less on our house than we did on closing day in 2002. Of course our current payments are more than they were in 2002. We are still in worse shape financially than we were on closing day in 2002. I hope we get to a better spot within the next few years. What people need to see is that getting through a crisis is may be a one-time thing, but getting back on track financially after a disaster can take a lifetime.
  16. You make some good points. I understand the "tough love" approach is like taking a 2 x 4 to the head of a mule -- try to get people out of their frame of mind and see what is going on. There are a couple of major drawbacks, though. First, people often get even more stubborn when they think they are being attacked. So sometimes the "tough love" approach is counterproductive, Second, often people who post here are in severe emotional distress. We don't get the folks who just made a zillion dollars because the BitCoins they spent a few dollars on as a lark are now worth a few million now. We get the people who, through a combination of bad luck and often bad choices, are absolutely at the end of their rope, trying to negotiate a system which is rigged against them, and without the financial resources to fight back. The biggest gift I ever received from this forum, and the now-defunct Debtorboards, was the gift of a good night's sleep. When things were absolutely going crazy against me, when I had debts well into 6 figures with no way out, I got some pointers on how to proceed. Getting out of the mess is more difficult these days, but sometimes we can help point the best, or the least bad, way through. For the OP, I don't know why he says BK is not an option. I do know that if one declares BK, there are a number of years before one can BK again. During that time, lenders will throw everything at the recovering BK debtor, knowing that the debtor cannot BK his way out for a few more years. If that is the case with the OP, then the first thing is to contact Amex and see what hardship provisions they can provide. If that doesn't work, try to be as judgment proof as possible until BK is an option again. The OP will take a hit, but not as big a hit.
  17. Thanks. My kid just got home from the first day of school. I don't want to hijack the thread, but it really puts things in perspective. What we are dealing with is just money. Money is nothing but a medium of exchange. It isn't worth suicide over money. Life is a sacred gift. Money is a man-made construct. My father was always wondering something. He knew that his maternal grandfather died when he was young, and the rest of their family acted strangely to his family after that. I mean REALLY strangely. He never understood why, and I remember him trying to figure out a letter from his uncle, which started out saying his uncle wasn't looking for any money. It turns out my grandfather bailed out his father-in-law a few times after the 1929 stock market crash, but at some point the stress was too much for my great-grandfather and he killed himself. My father never knew this. I found out from my uncle, Dad's older brother, right after my father's funeral. The thing is, the money problems were temporary. All the problems would've gone away. But my great-grandfather killed himself over some very temporary money issues. I know that ALL of us have had sleepless nights, and times of great stress. I just hope that anyone who is thinking about killing themselves over pieces of paper that have no intrinsic value will get the help he or she needs before it is too late. Things get better.
  18. Thank you for your kind words. It was horrible to have my kid attempt suicide. We are now trying to get the right medications, so this won't happen again. Some of the best times I have had with my kid have been between the suicide attempt and now, as in when my kid is in a stable mood, I am dealing with a wonderful and delightful person. For example, my kid quit a sport because the HS coaches in that sport did not like my kid. This summer my kid found a club team in that sport which was looking for a fill-in player. We got to have some great moments going to tournaments together, seeing my kid do whatever it took to help the team out, and by the end of tournament season be one of the best players on a team that was a much higher level team than the local HS varsity team. School has started again, so I need to worry about how my kid will handle school, and whether the stress of school will cause a lot of problems again.
  19. I would recommend three things: 1. Research what you need to do to protect yourself as much as possible from a judgment until such a time as you can declare BK. 2. Contact a mental health professional. I am 100% serious here. You said the stress is bad enough you have thoughts of suicide. You need help coping with the stress. There are options for people with no money. 3. If you have any weapons in the house, get rid of them. Even if they are collectors items for display. Two guys I was close to when I was a kid are now dead because they had access to collectors item weapons when they were feeling suicidal. Everyone I know who attempted suicide without a weapon, including my own kid a few months ago, is still alive. Although a couple of them, including my kid, came close to dying. Everyone I have ever met who attempted suicide and failed is glad they failed. Why? Because things always get better eventually.
  20. Very few of us are experts, as in attorneys. The few attorneys on this forum are consumer attorneys. What we do is use the knowledge we gained in our own cases to help others. I could tell you how I beat Amex, but the chances it would work for you are about 0%. I beat Amex because Amex made an absolutely colossal blunder in my wife’s account. I took them to arbitration, and went through discovery. The documents Amex sent in discovery completely contradicted documents Amex sent me earlier When the Amex attorney saw what I had, he dropped the case like a hot potato. For those who don’t have evidence of a clear and total blunder by Amex, I always recommend negotiating a settlement. For consumer debt I sometimes suggest arbitration as a negotiating tool. For your case, arbitration is not a real option. So I will give you exactly the same advice I give everyone else. Contact their attorney and settle. If you don’t like my advice, you are free to ignore it.
  21. Doesn’t look bad. As for the affirmative defense, i can’t tell you if that is done correctly. You may need to make your defense lack of jurisdiction. It’s been a long time for me.
  22. Maybe they will follow you into arbitration, maybe they won’t. From what little I can tell, I am not sure if it would be one loss or two losses or 3 losses that would send you into BK. First, consider Midland. If you have some compelling reason why you can’t pay, such as severe financial hardship or all your income is exempt, their policy is to drop the case. I have no idea if you qualify or not. Not enough information. Second, don’t assume the JDBs will all follow into arbitration because the amount is large. I have had OCs walk away from arbitration with some hefty amounts. Or other times they didn’t. It depends. You won’t know in advance. It looks like you have your initial strategies already. File an MTC in all the cases. See if they follow you into arbitration. In the meantime, you should check to see if you qualify for Midland’s financial hardship program. It also looks like you have your end game program: BK 7. You should figure out how much you can spend without having to go the BK route. That way if one or more JDBs follow you into arbitration, you have a plan B of offering that amount of money as a settlement, with BK if they refuse. If that amount is $0 or a small amount, you would have to go BK if you lose arbitration.
  23. The answer to this question depends on how badly you want this case out of court. If you absolutely want it out of court, file in JAMS ASAP. Send copies of everything to the lawyer. Being a JDB, that will probably be enough to scare them away. If you are willing to take the risk of your wife having to file an MTC and argue it in court, or perhaps you having to file a Motion for Intervention so your name will be on the suit as well, send a letter to the law office demanding arbitration and see if that scares them off. One of three things will happen: 1. They will ignore you and sue anyway. Then you have to figure out your strategy 2. They will run away and you won’t hear from them again. However, the JDB might get a different law firm later, and you have to go through the same thing all over again. 3. They will demand you file in arbitration or else they will sue. I have had all 3 things happen to me. When I was in a similar situation I filed in JAMS right away on behalf of my wife, noting that I was an unpaid non-attorney representative. That works with JAMS rules and the state laws in my state. Some states do not allow that. Check your state laws. If that is not possible, then file in JAMS with you and your wife as co-claimants, since you are in a community property state.
  24. This depends on the arbitration agreement, and the amount. If the card has no arbitration agreement, you can’t file in arbitration anyway. If the card is, for example, a Synchronicity card with a great arbitration agreement, you can wait if you want and file an MTC. Or, if there is a small claims exemption but the amount Hs greater than the small claims limit, same strategy If the card has an arbitration agreement, but there is a small claims exemption, and the case will be in small claims court, then you need to file before they sue or else you lose your chance. If the case has already passed the SOL in the state where the OC is chartered, but not in your state, then file in arbitration ASAP and demand Delaware or whatever law prevail. If there is some very good reason why you want this out of court completely, file in arbitration. For example, I once filed in arbitration so I could act as the representative for my wife who would not have been able to handle the case in court by herself. Or, perhaps your wife is in, or will be in, a profession for which having a court case would be really bad, then file in arbitration to keep it out of court. Does that answer your question?
  25. So basically you have all the proof that you did everything you were supposed to, correct? You need to make that very clear to the court. Make sure the court knows you are waiting on the other side to do their part. At some point either the court will lose patience and dismiss the case, or else the arbitration will close for non payment. And you win