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Everything posted by BackFromTheDebt

  1. Are they the same? Usually there is an attorney of record for the case. Perhaps you should respond to the attorney of record. Or, you could ask. Perhaps send them a letter, CMRRR, and keep a copy of the letter.
  2. I agree. There have been many times when a DV letter got the CA off my tail for a while. Granted, those were all in the old days when records were kept in stone tablets, blah blah blah, but there have been many times when it worked. There was one time I sent a DV to a CA. Then I got a letter back from the OC saying that since they were the OC, they didn't have to validate. Strange, I had never sent it to the OC. What that meant was the CA could no longer collect. If they don't validate, or if they give up collection, you are in the whack-a-mole game. You send the DV letter, they do nothing for a while, then a few months later you get a similar letter from a different CA. Other times they send the information. Then you decide what to do next.
  3. Agreed. If you regularly wrote checks from your bank account, then digging up old records should show the last time you wrote a check. If that was more than the SOL + 1 month, you have a great affirmative defense. In some cases you have a good cause for a law suit against the other attorney for bringing this suit in the first place.
  4. Unless you are in, for example, California, the answer is the arbitrator's whim. If the arbitrator thinks s/he cannot award fees, s/he won't. If s/he things s/he can, then s/he will if s/he feels like it, and won't if s/he doesn't feel like it. Arbitrators, like judges, are well known for doing whatever the heck they want to. The most famous case of that was the San Juan Islands that were claimed by both the British Colony of Vancouver Island and the Territory of Washington. One of my ancestors was Governor of Washington at the time, and while he was governor the conflict escalated to violence between the British and American troops (the Pig War, because they fought over a pig.) The treaty that ended the War of 1812 says that all conflicts over the border must be sent to arbitration. The arbitrator, Emperor Wilhelm I, was mad at the UK at the time, so he pretty much screwed over the Brits, and gave everything to Washington. These days there are disputes between Main and New Brunswick over some islands around the border. The US and Canada just live with that, because they know from experience that arbitrators can and will do whatever they want without any recourse. So my contention that some accounts are subject to fees and other aren't has to do with the whims of the arbitrator. I am completely convinced that the two cases I know of in which the arbitrator awarded fees to the creditors would've turned out differently with a different arbitrator.
  5. Well, duh, lawyers try to get whatever they can. ALWAYS object, ALWAYS respond. You know what to say. If you don't, there are people here smarter than I am who can help you.
  6. Arbitrators, like judges, often just do whatever the heck they want to do. Thing is, there is less oversight of arbitrators than of judges. If this becomes common, then the banks are back in the position they want to be in -- where arbitration is a weapon against consumers and employees, and not a double-edged sword. With the creditors having to pay the lion's share of the fees, then they had a business decision -- were the costs of arbitration worth the advantages. If debtors will routinely be assessed fees, then there IS no cost to the creditors. The ONLY debtors who will be able to arbitrate will be those with very strong cases against the creditors, those in California and perhaps a few other states, and those who are eligible for BK 7 and have nothing to lose. I HAVE been in some arbitrations in which either I had a strong case against the creditor, or else the creditor had a weak case against me, or both. I can't say the result of the settlements from most arbitrations (except Cap 1 ran away, so no NDA). All I can say is the total net result was a few thousand for me and my family.
  7. I will agree that arbitration is pretty much used for that purpose. I had 4 arbitrations using 5 accounts. I will admit that I used arbitration to pressure the other side in every case. That being said, there were a couple of cases in which I possibly would've done as well in court as I did in arbitration, including a case where the judge threw out the Cap 1 affidavit.
  8. Second example: (This was a pre-emptive arbitration, but the same idea applies to an MTC). My wife had an alleged debt with a major charge card company. The OC really made a mess of things. English is not my wife's first language. I think it is about the fourth language she learned in her life. Nor does she understand the laws as well as I do. I knew I could get a much better result than she could, acting on her own. We didn't have the money to hire an attorney. In court, I could not represent her. In arbitration, I could. (YMMV depending on the state. In many states, it is perfectly fine for a husband to handle the arbitration case for his wife).
  9. I disagree. There are other reasons for arbitration. Just one example. I did some contract work for a major bank a few years back. Before I was hired by the contract agency, they went over my finances with a fine-tooth comb. I had to come up with the 1099-C forms for each debt that showed up on my credit reports. For every court case, I had to prove I didn't owe any money. It got pretty bad, and delayed my hire date by about a week. For a couple of accounts, the opposing attorney was kind enough to send a letter that I didn't owe anything. The stuff in arbitration? No public records. I didn't have to explain that this or that case. That was especially true of the cases in which I filed for arbitration BEFORE getting sued.
  10. Not that unusual. It is quite common for them to simply ignore settlement offers. I have no idea why.
  11. There have been a few times over the years when the game just completely changes. "Oh, you thought you were playing soccer? Now we're playing Canadian Football." Before I defaulted on my debts, arbitration was a scam imposed on debtors by creditors via NAF. Then, there was a while when creditors, even OCs, avoided arbitration like the plague. There were many times I was able to avoid getting sued on some accounts for years on end by simply saying that I elected arbitration. Even several law firms handed off the debts. Then some of the OCs dropped arbitration, while others decided to fight every case. This may or may not be another huge change in the rules. If so, it could be worse for consumers than the old NAF scam. Consider a consumer with a $12,000 credit card debt. Now the OC could force the consumer into arbitration, and suddenly the consumer is looking at many times that amount. For consumers who are not BK 7 eligible, that could be deadly. Let us hope the 3-arbitrator appeals panels in these cases don't award arbitration fees.
  12. The most bothersome thing was that the account cannot be reinstated. That begs the question: did the OP ever get an I-Pass? If so, that is functionally the same as the EZ-Pass. It is NOT part of the EZ Pass system. Illinois and Indiana have their own passes (I-Pass in Illinois), which have reprecocity with EZ-Pass. So it the OP has an I-Pass, the OP will never need an EZ Pass.
  13. From what I can tell, there is this case, and there is a different case on DB. From what I can tell, both have been appealed. We may have to wait a few months to find out if this is something that will survive appeal. Until that time, all we know is this: 1. JDBs will normally run away from arbitration 2. OCs will NOT run away from arbitration. 3. MOST of the time, the worst result is for the OC to be awarded the amount, but not fees. 4. Based on that assumption, MOST of the time arbitration is a weapon to use to negotiate a better settlement with the OC. 5. SOME of the time, the arbitrator is awarded fees to the OC. 6. We have zero data as to whether that will stand on appeal. 7. Based on that, the debtors should be more cautious approaching arbitration. If BK 7 is an option if all else fails, go for it. If not, proceed with extreme caution. In a few months we should have better information, meaning we MIGHT know what will happen with point #6. If the debtors negotiate a settlement before the appeal hearing, we won't know the answer.
  14. No. Them not calling you today does NOT mean automatic lawsuit. It could mean you aren't on today's call list. It could mean they gave up on you and the OC will send it to a different CA. This takes anywhere from a few weeks to a few months. It could mean they gave up on you and the OC will sell it to a JDB. This takes anywhere from a few weeks to a few months. It could mean they sent it back to the OC, and the OC will send it to a law firm. This takes, well, you get it. It might be a very good idea to make sure that any mail from your old address gets forwarded to you.
  15. You seem to have the right idea. When you file, send a copy to the court. When you get confirmation from AAA, make a copy and send it to the court. When the case either joined by PRA, or more likely closed due to lack of payment, send that to the court. If and when the case is closed due to lack of payment, file a motion for dismissal with prejudice.
  16. This. A legitimate process server will almost always give out information where he can be reached, to facilitate service. Something fishy may be going on. I see three main possibilities of something fishy: 1. The guy is not a real process server. If you haven't been sued, call the cops ASAP. 2. He is real, but is playing some weird game where he will claim to have gone to serve you several times, but not return, and make they do a publication service. (I had a publication service when I was on vacation for a week. They didn't care I was back, they had stopped by twice and that was it. It just caused problems for the law firm, but the server didn't care). 3. He is real, and you will wind up with the infamous "sewer service".
  17. Exactly. The one thing you don't want to do is anger or annoy the judge. If you fail to do what he ordered you to do, bad things could happen, such as sanctions. I got into a situation once where I inadvertently wound up upsetting a judge, and the results were much worse than what I expected.
  18. No. First off, it this is a collection agency, they will most likely NOT report the debt. The OC, or whomever owns the debt, will report the debt or not report it. Second, there is no requirement that they must report the debt. For example, Verizon will generally not report debts to collection agencies, then they sell them to JDBs who do report to collection agencies.
  19. Even if they don't properly serve you under NY state law, if they tell the judge they did, and if there is nobody around to dispute the fact, the judge will still make a default ruling against you. This could be a publication summons, for example. Your fault for not checking every issue of every NY newspaper -- print edition.
  20. I forgot to add -- Some places will NEVER do a PFD. I am quite serious about this. Last year I wrote to a JDB. I told them the debt was close to SOL, and they could never collect a penny on it. They had the choice between a PFD, getting the entire balance, or getting nothing and leaving it on the credit reports. They didn't even reply. They were so dead set against a PFD they refused to even answer my request. Debt is past SOL now, so now way will they ever get a penny.
  21. Some will tell you it is improper to be sued in NY if you no longer live there. I don't know, since I don't know if the alleged default was while you were living in NY. For example, a friend of mine in a different state had to fly back to court to deal with a foreclosure of his property in that state, even after he had moved to a different state. As for me, once I was sued in small claims in Kings County, and never new about it. They got a default judgment against me, and seized my bank account when I was living in New York County. I didn't know about getting the judgment vacated, etc. back then. So your problem in a nutshell -- on one hand, if they sue you in NY state while you no longer live there, that is an improper suit. The judgment can be vacated. They would have to domesticate the judgment to collect. However, they may wind up freezing your bank account. Also, a judgment against you would show up on your records, making buying a home or getting a job in certain fields difficult. Since you want to get this taken care of, hiding from them is probably a very bad idea. It would be impossible to do a PFD that way. That means, you need to let them know your real address. Next time they call, get an address from them for which you can write them. Then send the DV letter. That way you will know which account, and you can deal with it accordingly. Not only that, but between the time they recieve the DV letter and when they validate the debt, they are not permitted to contact you. FDCPA violation if they do.
  22. Agreed. The creditors don't care about your religion, and the courts shouldn't either. The people who help you on this forum do so regardless of you religious or political beliefs, or what sports team you follow, etc.
  23. Always show up for scheduled court appointments. Bad things sometimes happen if you don't.
  24. IF this is legitimate, you may have blown your chances by not responding by the response date. This could be a default judgment against you. It is never too early to get to the courthouse to find out what is going on, and it could already be too late. If the is NOT legit, get to a lawyer to sue them.