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BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. See what the other side does now.
  2. Has your friend called the DA's office yet? If not, he should do so. There is good news and bad news. The good news is, if your friend calls the DA's office, MOST of the time your friend can work out as good a deal directly with the DA as your friend could get with a lawyer. Notice I said MOST of the time. SOME of the time, the DA's office is overworked and drops the ball on the case. That happened to one of my daughters on a traffic ticket -- she was waiting for the DA's office to get back to her, and they never did, so the judge ruled against her in default. If your friend works out a deal with the DA, your friend has two choices: (1) follow through with the deal, or (2) a felony conviction. The felony conviction is MUCH worse than whatever the DA demands, no matter how unreasonable or unfair your friend thinks the situation is. This is the real world here. The bad news: If the DA's office drops the ball on this, guess what? It is your friend who pays the price, not the schlub in the DA's office who dropped the ball. If your friend can't get a deal with the DA's office right away, your friend needs a lawyer ASAP. Other bad news. As @Clydesmom pointed out, they are not likely to trust your friend very far. He had a long time to come up with the money and contact the mechanic, and completely dropped the ball. Meaning, best case scenario might be an offer from the DA's office to pay off every penny by the end of the month or even the end of the week or else go to jail. They are not likely to accept payment plans. If they do, the penalty for missing a payment, even a day late, can be jail. Saying "I could get the money in a couple of months" is the quickest path to the pokey.
  3. Also, check with the court about the hearing procedures. For Circuit Court, in MOST counties you would need to schedule a hearing. For small claims court, the hearing may just be part of the assigned call back date. As for settlement? It depends on your comfort level. Getting the case out of court and into arbitration is pretty much a win. As in, you wind up paying $0 on the account. I personally never made a settlement offer on anything which had an arbitration agreement, and I never lost in arbitration. What is the OC for the other account with PRA? If that one has no arbitration agreement, you will probably have to settle, and it would be better to settle before they file in court rather than later. Maybe save the money you were going to use to settle this account for a settlement with the other account. There is also the "don't mess with this guy" list. Sometimes CAs, JDBs and even attorneys hand off cases if they know the target is strong. They make their bread and butter off the easy cases, and don't like the tough ones. There is a certain law firm that was assigned three of my accounts. After I beat them for the first two, they contacted me about a third one. I called them up and asked them nicely to hand off the case, and did they really want to mess with me again. They dropped that case like a hot potato. Which means -- if you settle with PRA on the first case, the second one will cost you. If you beat them on the first case, they might sell off the second one, or just drop it, or settle for less money since they don't want to spend the $$$$ fighting against someone who already beat them. One time, many years ago, I was playing in an on-line tournament against the best female player in the world in a certain game. Metaphorically, she had me on the ground with her foot on my throat. Then she eased up on me. I came back to beat her. It was a double-elimination tournament, and I beat her again a second time to knock her out of the tournament. All because she didn't close in on the kill. YOU have PRA on the ground with your foot on their throat as soon as a magistrate or judge gives signs off on the MTC. Why do you insist on taking off your foot and giving them a break? They just see that as weakness. And when they see weakness, they go for the jugular. YOUR jugular.
  4. I'm not sure about the Oregon Rules of Civil Procedure. Has a hearing been scheduled? You need to know if YOU schedule the hearing or if the judge schedules the hearing in Oregon. In theory, if the other side hasn't objected, you should win the motion right off the bat. That isn't always the case. The judge may allow them to object and state their case in court. Maybe that isn't supposed to happen, but it might. Or they could wait a little while longer to reply, and the judge may allow that. Or not. For the time being, your job is to find out who schedules the hearing, and when the hearing is. Be ready for the standard BS arguments. Just keep in mind that a contract is a contract, and you are holding them to the contract.
  5. @fisthardcheese is right. When you file, send a letter to their attorney demanding they pay the $250 as per the agreement. I once had a case where the other side neither paid my $250, which was in the agreement, nor did they pay their own fees. So the case was closed in arbitration, meaning I never paid a penny.
  6. Ha. I noticed I quoted your unedited post, so I edited out your personal info. About half of my JAMS arbitrations I never payed the $250 fee. I waited until the other side joined the case. Sometimes the arbitration was settled before the fees were paid. Sometimes the case was closed for non-payment. In those situations, I never paid. When the other side joined the case, I did pay. Some of the other arbitration experts may chime in as well.
  7. NOT a good idea to put your personal information out here, unless that is a pseudonym. You should use a pseudonym instead. Some of the law firms read this forum. I would suggest editing the post. This also affects your strategy. You should probably file in JAMS ASAP, because you may have already tipped your hand.
  8. I might do things a little differently. IF you are having trouble getting your JAMS filing together, I would still suggest sending the DV, and using the time to prepare the filing in JAMS. Not everyone is as experienced as fisthardcheese, and for some it takes a while to get everything ready. Once the DV is sent, sometimes they respond in a few days, sometimes a few weeks, sometimes never. In one case, I got the response more than a year later. I've even had some law firms walk away after a DV with arbitration election, but those were generally firms that didn't want to deal with me, and the response of over a year was due to chaos in the law firm. In other words, get your JAMS filing ready, so you can put it in the mail either (a) with your DV, (b) a few days after you send the DV, or (c) as soon as you hear back from the law firm. @fisthardcheese method of filing with the DV (a) is a little safer, and certainly the best option IF you have the JAMS filing ready. (b) and (c) are if you need the time OR are trying to delay for some reason. I used (c) once when I was very close to the SOL, hoping the law firm wouldn't get back to me right away. They did, so I filed in JAMS.
  9. Of course the cost of JAMS is what scared off JDBs. A possible FDCPA claim is icing on the cake. In SOME cases, it can help. I don't know of any cases where it would hurt. I don't think a JDB will say --"hey, we were going to walk away from this, but they have an FDCPA claim, so let's spend tens of thousands of dollars fighting this in JAMS because the FDCPA case offends me"
  10. I have communicated with all three of the people I mentioned recently by PM. I know their records in court and arbitration far better than you do. I know some of them have lost in court, but NEVER in JAMS. They have beaten this particular law firm in JAMS. In Wisconsin. I had a conversation once with the very top consumer attorney in the state of Wisconsin, Briane Pagel. Mr. Pagel told me trueq is a legal genius, and that many of the strategies Mr. Pagel uses were learned from trueq. In fact, trueq taught the arbitration strategy to Mr. Pagel. I know why they were banned, and you don't. You shouldn't talk about things you obviously have no understanding about. I would trust people who have a perfect record in JAMS against this law firm in the state in question over someone who does not.
  11. To amend what I said in the last post -- the MOST important thing is what fisthardcheese suggested. The defense that they don't own the debt is permissible, but not mandatory. Realize this. Probably the counties in Wisconsin with the most consumer-friendly judges are Dane and Milwaukee, in that order. Even in those counties. the alleged debtor will often get the shaft in small claims, because the magistrate doesn't really understand the law. So, the magistrate may not allow the MTC, and may rule against you. If that happens, don't panic. In Wisconsin, if you lose in small claims, you can automatically appeal to Circuit Court and try the case ab initio before a real judge. Read this next line carefully: In Wisconsin, you do NOT need a reason to appeal to Circuit Court. You just appeal. So, if the magistrate in small claims does NOT allow your MTC, you have a second chance before a judge.
  12. I don't know why you think my post was so bad. It referenced very specific Wisconsin statutes and very specific Wisconsin court cases. I know what I am talking about. @fisthardcheese can verify that, and I will say no more. LaneBlane's post was correct. The OP should move this into arbitration. However, looking at the Wisconsin threads would be a great idea. The great arbitrators from Wisconsin are not permitted to post anymore, but many of their old threads survive. Another good place to look is www.debtorboards.com There are several experts on Wisconsin arbitration on that forum, who left when they couldn't post here anymore. Look at the threads from trueq, JReed and BrokeBob. All three of them have faced this particular law firm in arbitration. You won't see anything recent on this forum, but some of the old stuff is pure gold. There are also threads by them in debtorboards, some of which are very recent. ^^^^ This
  13. You are going on the wrong direction. I recognize some of the stuff you cut and pasted as coming either from this site, or from the other site (debtorboards.com). Some of it is no longer applicable. There are a few issues. I believe that courts have ruled that 425.409(2) doesn't necessarily apply to junk debt buyers, which damages that part of the case. An attorney in Madison, Briane Pagel, used to have an excellent blog article about this subject. Unfortunately, he changed law firms since that time, and I can no longer find his old blog. Pity. This case was about 5 years ago, which was a real boon to the JDBs in Wisconsin, making it much easier for JDBs to prevail in Wisconsin courts. What that means -- 425.109(2) requires evidence of the debt back to zero balance. A JDB will almost never have this, but the courts no longer care. Nor do the JDBs have to have the stuff verified by a qualified person, as per the Palisades case, since they don't need the stuff anyway. Not only that, but Wisconsin courts have ruled, erroneously in my opinion, that the Notice of Right to Cure is no longer required once the debt is charged off. What that means -- A lot of the stuff that was great for consumers in Wisconsin is gone. Most of the stuff you have is useless, except for the Fifth Defense, lack of standing, which these days they can probably prove. Look at LaneBlane's post. About the only way to beat a JDB with a Synchronicity account is to take them to arbitration. What that means -- include a defense about lack of jurisdiction because you elect arbitration. At the same time you file this, file a Motion to Compel arbitration with the court. Look up your court procedures. You didn't mention whether this is Circuit Court or Small Claims, but from the form I am assuming small claims. You need to find out the rules in your county for scheduling motions. For example, MOST, but not all, counties in Wisconsin require you to schedule a motion hearing when you schedule a motion, esp., in Circuit Court.
  14. Sometimes the chain ends with a JDB who will sue, sometimes not. There are a certain number who don't want to mess with someone who is intent on arbitration. There are some that don't want to mess with anyone who won't just pay off. And there are some that will sue, even if you mention arbitration. If if gets to one of them before the SOL, they will probably sue. If not, there will probably be no suit. I've only had one debt ever get to a JDB, and they never sued. My state has stricter requirements about the chain of custody that other states, such as consumers are required to be notified with every sale, but rarely are. When they saw I knew my rights, and was eager to take it to arbitration, they backed off. It was under $1000 so why bother?
  15. Pretty good, but send a little earlier than that. Sometimes stuff happens, and you don't want to miss a deadline. If you send it out a week or so early, then you have less to worry about. Waiting until the 30 days is almost up is overrated, unless you are getting close to SOL. It can buy you a little extra time, but for what? I found in my games of whack-a-mole that once they decide to pass on it, it takes at least a few more months before someone else picks it up. The older the debt gets, the longer it takes.
  16. Yes. 100% absolutely yes, no matter how they may whine and scream and claim otherwise. If they sell the account, they sell the contractual obligations that go along with the account, Meaning, arbitration applies to whomever owns the account. You need to understand: Synchronicity has about the best arbitration agreement you could possibly ask for. Absolute poison for JDBs. When they buy the account, they are stuck with it. Boo hoo hoo. That is why they get the account for pennies on the dollar. They know there are a certain number of consumers who know about the arbitration agreement, and they usually can't collect on them. It appears you have been playing a nice game of whack-a-mole so far. Join the club. For each of your separate debts, one of two things will happen: 1. The game of whack-a-mole will go on for a while until they finally give up or the debt goes SOL. In that case, you have won. 2. Someone will finally send it off to a lawyer, and they will threaten to sue you. If and when that happens, make sure you come back here for further advice. You may need to file in arbitration, and, if already sued, you may need to file an MTC. Those are generally a winning strategy. I've been through the whack-a-mole stage myself, and I've had both results with OCs. With JDB, only the first. Others here have had to go to stage 2 with JDBs, and have usually won.
  17. One does not ask for arbitration. If it is in the agreement, demand it. Since you are in court, you would file a Motion to Compel arbitration (MTC around these parts). Check with the court rules to see how that is done. It is normally done at or before the due date for a reply. Synchronicity has a great arbitration agreement. And, from what I hear, that tends to make most junk debt buyers run away. YMMV. At this point, you need to search this forum for anyone in Texas who has ever filed an MTC -- what they did, how they did it, etc. Get going on it. You are running out of time.
  18. You could try, but I doubt they would agree to deletion. That is extremely rare. I even had a JDB reject 100% with deletion, a few months before SOL. Instead, they got nothing. I don't understand the logic, but that is how they work. As for the amount of settlement, I have no idea. An MTC could get you to 0%, but again with no deletion.
  19. Normally, I would suggest filing in JAMS as a way to scare them off. There is no way in Hades they will go through with this one, for $700, when you have claims against them for filing twice. That is what I would normally suggest. But the amount is so small, and they have some real liability, so that might not be the best option at this point. (It may or may not be best later on.) Fisthardcheese suggested talking to a consumer attorney. That is NOT a bad idea at all. There is a chance the lawyer could pocket a few thou, you could get $1000 and/or have the debt wiped out. Another possibility would be to contact the attorney who filed the case twice. Offer a mutual walkaway on the spot -- both cases dismissed with prejudice in exchange for you not filing potentially expensive claims against them. Make the deadline VERY soon, so you can run through your other options if they refuse or ignore you.
  20. The evidence JDBs have is MUCH better now than it was in the past. Don't assume anything. That is why I am suggesting arbitration. If you go against them in court, and they produce the goods, you have lost. If you go the arbitration route, you are lost if they produce the goods AND if they are willing to pay more $ to fight this case than they could collect from you. Most of the time, they don't bother to fight it out. If they are already in court, you KNOW they will fight this to the bitter end in court. See the difference?
  21. Did you say Synchronicity? That is about the best arbitration agreement you can find. If I were you, I would get them into JAMS. There are NO guarantees for anything, but a JDB is less likely to spend the $$$$$ it takes to arbitrate. For that kind of money, they might. At worst, you are in a situation where you can get them to agree to a much better settlement. Here is the thing. As some posters are fond of pointing out, a weak case in court is a weak case in arbitration. They PROBABLY have evidence that they own the debt, but they MIGHT have a weak case. If so, you can probably scare them off. If they have the goods on you, it will come out in discovery in JAMS, if it ever gets that far. If they decide to pursue this case in JAMS, you will know after discovery what your settlement options are. If they run away, you have already won. Read this forum on filing an MTC, esp. in Cali. That will be time well spent.
  22. No need to enclose the agreement. KISS (Keep it Simple, Stupid!). In the old days we used to send really long, convoluted DV letters, until we realized those were no better than the really short ones. All you need is a few sentences. Say you are demanding debt validation, and say you elect arbitration, and possibly mention JAMS. Just the mention of arbitration (esp. with JAMS) might scare them away.
  23. Is there case law that says it can't, that election doesn't matter? And is it in the proper district? This is a serious question. We are not talking about winning an FDCPA case here. We are talking about scaring off a JDB from arbitration. In my final JAMS case, I managed to scare off one of the OC s that are famous for never giving in partly because of a threat of lawsuit after I had elected arbitration. OK, that was years ago, and maybe this OC isn't as easily scared off now. However, what we are looking for is something that will scare off Midland. What is the more likely scenario with Midland? 1. They will fight to the bitter end in order to get an arbitrator to say election of arbitration isn't an FDCPA violation. 2 They will slink away.
  24. Should you send a DV letter to them? Absolutely. This accomplished four things: First, if they don't have anything, they will back off. This is much less common than the old days, but it sometimes happens. Second, it gives you time to plan your next steps. Third, sometimes if you elect arbitration in the DV letter, they will back off. Again, this is less common than the old days, but it sometimes happens. Fourth, if they sue or threaten to sue after you elect arbitration, you may have a violation against them, which gets them to fold faster. Sometimes when they reply to your DV letter, they mention what they will do if you don't initiate arbitration. That may be a violation, and it at least can tip your hand. I once got one of the OCs which are famous for going to the bitter end to settle for a mutual walkaway after their attorney threatened to sue if I didn't file in arbitration first. As far as the arbitration goes -- check to see if there is small claims exemption. If so, you need to file before they sue. Of course, there is the question -- what is more valuable to you, your time, or the money you can save by not settling. If you decide that the trouble of filing arbitration, plus the POSSIBLE $250 fee, is too much for you to deal with, by all means settle. If they insists on the full $1000, or they only agree to some amount you are not willing to pay, then DON'T settle. I got an OC to settle for 25% once. (That was FNBO). That would be just north of $250. If you could get that kind of settlement, what is the point of arbitration? You need to decide your own price point -- what you are willing to pay to avoid dealing with this mess.
  25. This being the 2nd of April, I assume you meant the 4th of last month. You said the original creditor is Amazon. What was this? Was it an Amazon credit card? Dig up the credit card agreement. Is there an arbitration clause in the agreement? If so, what are the terms? That is, do they use AAA or JAMS or both? If they provided no proof of owning the debt, you can certainly fight this on grounds of standing; that they don't own the alleged debt. However, if they have some evidence and can pull it out later, things probably won't go well for you.
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