BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. This is excellent advice. Some places make you go through extreme background checks before hiring. I have been in the situation in which I had to prove that I had no outstanding judgments against me before I could get a job. I even talked personally with Bob Hornick, one of the partners of the RSIEH law firm, and have him send confirmation that I didn’t owe his client any money. The Catch: You can’t get a job until you pay the judgment, and you can’t pay the judgment without a job. Being in an accelerated program leaves you with almost zero free time. Following the steps will take a few hours here and there. And you can very likely win, or at worst delay a judgment until after you have a job. You have to find a way to spend the handful of hours it will take to possibly save your career.
  2. A cease and desist letter may be a big mistake. At that point you are refusing contact with them. All they can do is either walk away or sue. They are likely to sue. If you have any hope of working with them to resolve the issue, that hope dies the minute you send a cease and desist letter. I have sent cease and desist letters in the past, but only when I knew I had nothing to fear from a lawsuit.
  3. The agreements are found on the CFPB web site
  4. I think that is the way throughout the state. At least in my county, which has the added benefit of having the most pro-consumer judges in the state. I once had a case heard by THE most consumer friendly Circuit Court judge in the state. I was happy with that case.
  5. Maybe there is. What I was thinking about was pre-emotive arbitration. You need to find some way to get this into arbitration before you are sued in small claims court. The easiest way is if there are violations. There are other ways. Usually the best time to start arbitration is right before they file suit I would suggest sending additional letters for both accounts saying you are electing arbitration for the claim and that the claim must be handled in arbitration. Add something to the effect that you are willing to work with them to get the matter into arbitration. See how they react to that.
  6. I want to add something. As @Clydesmom correctly pointed out, the FDCPA does NOT apply to Discover, because they are the original creditor. However, in SOME states there are state consumer laws which DO apply to the original creditor. (My state, for example). I don't know enough about the Rosenthal laws, or whatever the consumer laws are called in CA, to know if those laws apply to the OC. Maybe they do. You should look it up, or consult one of the California posters, about that. From experience, arbitration works better if you have violations against them, although this may or may not be too late for arbitration.
  7. They are required to validate the account they first notified you of recently. The one from mid-June they don’t have to, but might. Here is where it gets tricky. There is a small claims exemption for arbitration. Meaning if they sue in small claims court, which is what they normally do for amounts under $5k in Florida, you don’t get to use arbitration. One way around that is for you to start arbitration against them before they sue. That gets a. It tricky. The agreement says you can choose arbitration, but doesn’t say how to do it Next question — have they done anything which could possibly violate your rights under the FDCPA or FCRA?
  8. Is the rest of it (a) accurate and (b) what they claimed in the complaint? Judges will usually excuse a certain number of errors which are not relevant to a case.
  9. Take this one step at a time. You are in Florida. That puts you in a very tricky situation. You need to do things the right way. If you formulate the correct strategy now, your chances of winning are much better than if you wait. This is from someone who waited until it was too late and got socked in some situations, and was very proactive and won in others. And I did beat Citi cards on two accounts First step - how long ago was the first contact? Was it within the past 30 days? If so, send a DV letter right away. Just say “I dispute this alleged debt and demand verification”. That’s all. Short and simple. And send it certified mail, return receipt requested. If it has been over 30 days, it is too late. Second step. Get copies of the Citi card agreements online from the CFPB web site. Download the agreements. Read the arbitration clause, if any. The questions you need to answer: a. Is there an arbitration clause? b. Is there a small claims exemption to the arbitration clause? The Citi arbitration clause has changed since I dealt with Citi Others may know the answer, but don’t count on everyone else. Third step. Find out how much you allegedly owe on the accounts. Find out if these would be small claims or not. This would be important for your strategy. Get back to us soon for your next steps.
  10. Generally, they are pretty good about awarding arbitration in Wisconsin. Although in small claims, anything can happen. Which is why it is great that either party can appeal a small claims decision and have it heard de novo in Circuit Court
  11. Let me play Devil’s Advocate for a while and give the argument against filing separate JAMS cases. Of course, you should do whatever you feel comfortable doing. Midland will almost certainly walk away once the case is in arbitration. Filing one case is less work for you than filing two cases. If they walk away from two cases it doesn’t cost them any more money than walking away from one case.
  12. This is correct. In Wisconsin, you can answer a suit with a dispositive motion in lieu of an answer. You are not required to file an answer unless your motion is denied.
  13. I once had something similar happen to me. I ran up some unpaid phone bills in Kings County NY. Later, I was living in New York County. During that time they managed to get a default judgment against me I didn’t know about. They found my bank account and froze it. That was legal because they had a judgment. Which is why you need to find out if there was a judgment against you. If there was, they may be within their rights to freeze your account. If not, sue the bajabbers out of them.
  14. In general, it is not a good idea to have an account with a bank with which you have a defaulted account. Sometimes they will just take the money out of your account to pay the debt Your case may be an exception if you have untouchable sources of income. Or it may not be an exception. Will BoA snatch your money? Maybe not. Are you willing to take the risk?
  15. Good luck! The worst part of fighting debt is the stress and lost sleep. Things are not as bad as they seem. Sleep soundly.
  16. I should add: My wife had a Barclays account she defaulted on. We just kept hammering with all the collection agencies that we want arbitration, we want arbitration, we want arbitration and can you at least validate the account? Eventually they gave up. Never even sued.
  17. Okay, this is good. The arbitration agreement is confusing, which may be why you were confused. It doesn’t appear to rule out a MTC from small claims court. If you had more than two days to prepare, I would suggest filing an MTC with the court and using that as leverage for them to agree to a dismissal with prejudice. Instead, probably your best bet is to let the case be dismissed without prejudice. You may not even have to show up for the hearing. But you may want to, just to prevent any tricks on their part. Essentially, you were never served, so you don’t have a real reason why the case should be dismissed with prejudice. If you show up but they don’t, you can move the judge on the spot for a dismissal with prejudice, but you probably won’t get one. Essentially the suit never happened because you were never served. If they do show up, expect a dismissal without prejudice. It may be done by phone. If the lawyer is there in person, maybe try to talk to the lawyer before the case. Tell it that if it refiles and actually serves you, you will just file a MTC arbitration and why not save all the mess by agreeing to dismissal with prejudice? Occasionally this actually works. Most of the time not, but you never know. If the case is re-filed, and you are served, then come back here and learn the arbitration strategy. That will beat them. Here are the main possibilities: 1. You get dismissal with prejudice. Not likely, but it sometimes happens. You win. 2. You get dismissal without prejudice, and they never re-file. Or they re-file but never serve. Same thing. These are the most likely options by far. You win. 3. Either they convince the judge not to dismiss, or else they re-file. And this time you are served. Not likely, but possible. It could happen. In this case you beat them with the arbitration strategy. You win. I hope this helps. You don’t need to worry about the case. You will win. You only need to actually do some research in case 3.
  18. That is under the limit for small claims in New York. Meaning they could re-file the case. You have a homework assignment. Find a copy of the Barclays card agreement on the CFPB web site. I think they used to have an arbitration clause. I am not sure if they still do. What you need to know is: 1. Is there an arbitration agreement? 2. Is the arbitration agreement valid for small claims? When you have the answers you can devise your strategy. That is, YOUR strategy, which is what you feel comfortable doing.
  19. It is rare for a case to be dismissed after sitting around for a year and then re-filed. It happens, but not very often. In the meantime, who was the original creditor, and is this a small claims case? That is important for you to work out a strategy.
  20. First, tell us enough information so we can make an intelligent recommendation. There is a form you will see at the beginning of most of the “Ive been sued” threads. Find it and fill it out.
  21. The Texans need to chime in, but normally if you get into discovery, you are deemed to have waived your rights to arbitration. Perhaps the best strategy is to submit an amended answer with arbitration etc and to file an MTC ASAP
  22. Agree. If there is no judgement, this is SOL. The SOL does toll (meaning stop) sometimes when a case is in progress. Once a case is dismissed, the clock is running on the SOL, which in your state is 5 years. If it were dismissed 11 years ago, with no judgment, it is SOL.
  23. The demon you are trying to summon is @fisthardcheese It appears the case is still open in arbitration. In that case, just see it through. If the case in arbitration is closed due to non-payment, file a motion with the court, along with proof that the case was dropped for non-payment, asking for a dismissal with prejudice due to them violating the terms of the MTC. Maybe it will work, maybe not. If they file again, file a motion to dismiss the case as the case is already in court ordered arbitration as the venue. It seems to me you would have a really good case against them this time, perhaps either in state or federal court. If that happens, consult an attorney as to the best way to pursue them.
  24. 1. The only time I was able to get a Dismissal w/o changed to a Dismissal with was when the Plaintiff's attorney and I reached a settlement. Part of the settlement was a stipulated agreement to dismiss the case with prejudice. I don't know the rules of procedure in Hawaii, but in general you could file a motion to change to dismissal to dismissal with prejudice. However, you need to send a notice to the other party. If they object, you probably won't get it. My thinking is: I have never heard of a case in which a collection case was dismissed w/o prejudice in which the opposing party came back and sued again. I once had a case dismissed w/o prejudice when the other party refused to arbitrate. They never sued again. 2. As for the pending arbitration in which the Plaintiff wants the case dismissed -- well, the case WILL be dismissed if they don't pay the fees. Unless YOU pay the fees, get an arbitration award against them, and then go to court to collect the award. In general, having your arbitration dismissed when a case has been dismissed is a good idea. They are NOT going to revive the case in court. Unless you have some good counterclaims against them. If you have counterclaims against them, then sue them in court. If you want the claims heard in arbitration, file an MTC. At that point, if they refuse to arbitrate when YOU are suing THEM, you have a lot of leverage in court. But that is jumping the gun, All in all, it appears you have just won a case because they don't want to fight it in court or arbitration. If I were in your shoes, I would celebrate the victory, and move on.