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Everything posted by BackFromTheDebt

  1. There are several ways to beat this. The surest way is arbitration. All Synchrony cards have an arbitration agreement. Midland rarely follows into arbitration. They would lose far more money than they could gain. In California someone of limited means can often file in arbitration for free. Check the arbitration thread, and also search for threads on arbitration in California. I forget whether it is Midland or PRA that has a policy of forgiveness of debt for some people who have financial problems, especially medically related. If your financial issues a
  2. File the police report where you live. Make sure you get copies of the police report. Send a photocopy to the court, and of course to the plaintiff’s attorney. If I were in your shoes, I would also send a notarized statement to the court that the account is identity theft, and of course send a copy to the attorney. One thing to mention in both the police report and the affidavit is that the address on the account is incorrect. Which means not only is this not your debt, but the case was filed in the wrong venue. I don’t know about Texas procedure at all. There should
  3. Every state is different, and different judges or magistrates in the same state may rule differently. If I were in your shoes I would find out how to file a motion in that court, and file a MTC ASAP. You have nothing to lose, and you might win.
  4. You need to be careful. In some jurisdictions the letter might count as alternative service. You seem to be dealing with a magistrate court in Georgia. @Clydesmom knows more about the Ga courts than I do. You
  5. It’s complicated. Generally, the SOL is tolled when they file a case. If a case is dismissed without prejudice while the SOL is tolled, many jurisdictions give the plaintiff a certain window during which they can file again. There are some questions for which I don’t know the answers, but you need to know the answers if they file again and you want to use SOL as an affirmative defense: 1. How long do they have to file again in your jurisdiction? 2. Does filing in the wrong jurisdiction still till the SOL?
  6. Good news — if the magistrate rules correctly the case should be dismissed without prejudice. Bad news #1 — Magistrates don’t always rule correctly. Bad news #2 — They will still be able to file in the correct venue later.
  7. You have two different issues, even if the company is the same, or different branches of the same company. 1. You have an issue with the lender wanting what is due to them. Completely understandable. Having your car stolen doesn’t remove your obligations to pay off the loan. Of course, the entire point of gap insurance is so the loan will be paid off if the car is stolen. In this instance, the financial lenders are in the right. 2. You have an issue with the gap insurance company refusing to pay for a theft in Mexico. I don’t know the language of the insuranc
  8. This could make a dismissal a bit trickier. Did you ever contact the other side and offer a mutual walkaway?
  9. This is a little confusing. First off, a C&D was practically begging for a lawsuit. Second — I am confused as to the relationship between the debt collector and the law firm. If I were you I would forget about the C&D now you have been sued and concentrate on the case.
  10. I mean fight it for it in court. Do everything. Put in a denial with your answer. I don’t know the procedure for fighting a case in California. Look up the California threads. They will have quite a bit of information as to how they won in court.
  11. BOA no longer has arbitration. There are three possibilities, and it is often wise to explore two or three of these at the same time. 1. Negotiate a settlement. BOA is usually pretty good about this, BUT, you are dealing with the H&H law firm. They could make negotiations rather difficult. Also, remember these are not ethical people, so any payment agreement must be done very carefully. 2. Fight. BOA is weird. Sometimes they have the evidence they need, sometimes not. You should always fight until have the settlement completed, which may never happen. Th
  12. What is the original creditor? Who owns the debt now?
  13. I was in the same situation a few times. The MSJ should not be heard because there is an MTC which takes precedence. So object to their MSJ on those grounds.
  14. Settling and fighting a case are not mutually exclusive. I once reached a settlement after losing a case. (Foreclosure turned into a short sale). I had cases in arbitration where we settled just before the hearing. Fight the case tooth and nail while you also negotiate a settlement. The rule of thumb to use when dealing with bottom feeders is not to trust them at all. Any settlement must be in writing and written in a way so they can’t cheat.
  15. One thing to remember when dealing with bottom feeders — be extremely careful about any agreements you sign. Make sure they don’t get your account numbers, and make sure any agreement states that any settlement be final, so they can’t go after any additional funds. I can’t go over every possibility here.
  16. A number of states have borrowing statutes. Other do not. In some cases it is vague so the courts have decided. If you are in a state with a borrowing statute you often get a shorter SOL. In some cases you can use the shorter SOL by filing in arbitration. I did that to Discover, but afterwards Discover changed their arbitration agreement to use the debtor’s state SOL.
  17. I would be interested in learning this other route.
  18. I think BOA ended its arbitration provision. You say BK is not an option That leaves you with two choices: 1. Wait for them to sue and fight it in court. 2. Settle. The second option is probably less expensive.
  19. $150 is a bit of money, especially for an amount of money this small, but it could end the case. There is always the risk the judge will rule incorrectly, but if the judge rules correctly, you have won.
  20. This is interesting. We appear to have two data points. In one case, a small claims case in Dane County was appealed to Circuit Court, and the higher court said the Circuit Court rules and statues applied. In your case the judge ruled the opposite? Out of curiosity, what county are you in?
  21. They don’t require you to arbitrate in small claims, but they don’t forbid it either. Explain that distinction in your filings and arguments. Nothing is 100%. Judges sometimes just rule however they feel like ruling, or the judge could get confused by the language. That is why it is your job to make it as clear as possible.
  22. Basically, the judge violated a supreme court ruling and made a bad ruling. You can't prove you sent something you didn't send. You need to find out the appeal procedures in that court. In some cases you could appeal that one ruling. In some you would need to appeal the entire case.
  23. Does the card agreement you have list an arbitration provision? If so, just use that one. They haven’t changed the arbitration agreement. if they object, they need to provide their own agreement. One time an attorney disputed the agreement I provided and provided their own, which had the same arbitration agreement word for word.
  24. Let me add this: When I had a vaguely similar situation, a very large part of my attack was that the bank's accounting could not be trusted. That is, if they couldn't be bothered to investigate fraud on the account, then how can you trust their accounting? In my case (actually my wife's case), I saved a letter from the OC with clearly false statements about the account, as well as a letter sent CMRRR from my wife demanding an investigation that OC never performed. That was enough to convince their attorney to drop the case. The OP didn't claim evidence that BOA lied. If h