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Everything posted by BackFromTheDebt

  1. Well, it will be very difficult to drag out arbitration unless you are actively participating in arbitration. If you stop participating, either the case will be closed or they will just rule against you. Either way, you would find yourself in court very quickly. Also, a BK attorney could file BK and do all the work for you while you are gone. You don't have to be there. Not to mention, if you have any expectations of inheritance, it would be far better to file BK while your father is still alive. Otherwise any inheritance you get would be taken away to pay your creditors. If you have already spoken with a BK attorney, I am sure you have discussed this. I can't see that tax liabilities are any reason to delay BK either. But, you have spoken to an attorney already, and the attorney almost certainly has a better idea of the situation than anyone on this board. If you are certain that BK must be delayed, and you feel it is absolutely necessary to drag things out in arbitration, you should (a) choose possible arbitrators right away. I think you are right at your deadline. Do that NOW. Don't miss any deadlines. (b) File a letter with the case manager, ASAP, of course with a copy to the opposing law firm, stating that due to your father's impending death you are requesting a continuance of the proceedings for 4 months. (c) If no continuance is given, then wait until an arbitrator is chosen. As soon as an arbitrator is chosen, file for a continuance based upon your father's impending death, and you needing to be around to help him. This way, you will probably get your continuance, so you can deal with important matters, without needlessly wasting everyone's time in arbitration. If continuances are denied, then sorry, but the only way to drag things out would be do everything in arbitration, including discovery, by email while you are with your father.
  2. At this point, you need to follow the advice of your BK attorney. If the attorney says file now, file now. If the attorney says drag it out, then pick some arbitrators. It doesn't matter, because you will lose anyway. How long does your attorney say you need to drag this out?
  3. How is that? I am asking for information rather than to argue. It appears the creditor state SOL only comes into play if a lawsuit has already been filed. If no lawsuit has been filed, then why wouldn’t Delaware choice of law prevail? I think different arbitrators may rule differently. It doesn’t seem so cut and dried as you make or seem. What am I missing?
  4. That language was added since my arbitration with Discover. As you mentioned, this new SOL addition would not matter, because no suit had been filed. Just to make clear, I filed in JAMS before a suit to have a stronger claim to the Delaware SOL. My situation may not apply to the OP. For anyone reading this, if you have a defaulted Discover account which is past the shorter Delaware SOL but within your state’s SOL, it may be a wise move to file in JAMS before they file in court, and use Delaware choice of law and SOL as a defense against their counter claims for the debt.
  5. I should have added ... In cases for which the creditor's state does NOT have a borrowing statute for SOL, then the passing of the SOL is a valid defense in arbitration, but NOT court. For my case, that was an essential difference. I was able to win in arbitration with a defense that would have lost in court.
  6. One exception to that, which I used to get a very nice settlement with Discover: If your state has a longer SOL than the home state of the OC, AND the arbitration agreement has a choice of law provision to use the home state of the OC, AND the SOL for the OC's home state has passed, but NOT the SOL for your home state, THEN you can file a pre-emptive arbitration against the OC, demanding that their home state's SOL be applied. Realize that Delaware, for example, has a relatively short SOL. Even so, Discover dragged the case until just before the hearing before agreeing to settle.
  7. If you demand the case be settled in JAMS, one of the three following things will happen. 1. They will drop the case, and let some other law firm deal with it. It is not likely this will happen. if this happens, some other law firm will eventually do #2 or #3. At best this will buy you some time. 2. They either demand you file in JAMS to prevent them from suing, or else they will send you forms for you to fill out to file in JAMS, with a note that if you don't file in JAMS they will sue you. At that point, if you do NOT file in JAMS, they will use that against you when they sue if you file an MTC. This often happens. 3. They will completely ignore you and sue. This often happens. Always keep copies of everything you send to them, and send everything CMRRR. If #3 happens and they sue anyway, and then claim you waived your rights to arbitrate, you can show the judge you demanded arbitration, and they blew you off.
  8. 1. Discover will go through arbitration to the bitter end, unless there is a compelling reason for them not to. A BK filing is a compelling reason for them not to. Yes, they will spend tens of thousands to chase a few thousand. 2. You already have an attorney. Your attorney is familiar with your specific situation. We are not. 3. Unless and until you file in BK, you need to do whatever you need to keep the case alive in JAMS. If for some reason you don’t file BK, there will be a window for negotiation between the time the hearing is billed for and when they pay the fees.
  9. @Harry Seaward has she right idea. There is probably no reason to call them. The problem with calling is you might accidentally admit to the debt or make some other mistake to shoot yourself in the foot. These are professionals You are not Any and all correspondence should be in writing If you contact them at all, it should be a DV letter. After they have validated, you can sit and wait for them to file, or you could possibly write and tell them you demand the case be settled in JAMS. If you are feeling generous, you could offer to settle the case for $250, which is the most you could pay in JAMS. However, they probably wouldn’t accept the offer, so you would probably just be wasting your time.
  10. If you are planning to buy a house, there are a few things you should know. 1. If something does not show up on your credit report, it will probably not hurt you when you are house hunting. 2. Some places will put an item on your credit report as soon as you start applying for loans. Which means you can't ignore the stuff in collections. The only bills you specifically mentioned were medical bills. In general, if you call up and arrange a payment plan you can live with, medical debts will stay out of collections if not in collections yet, and if the debt is in collections but not on your credit report, it will stay off your credit report So why not call, and work out some arrangement, perhaps with an auto deduct, in return for keeping the debt off your CRAs?
  11. Having a game plan, including what to do if something goes unexpectedly wrong, is not a bad idea. However, steps such as an appeal are a bit down the road. It is fine to consider the possibility, but pointless to worry too much about it. You will lose enough sleep as it is. Focus on your immediate steps first. Just be careful not to over worry about things that could go wrong, but probably won't.
  12. To answer the other questions: Unless you get an agreement right away, you will need to file in JAMS. Don't wait more than a few weeks. If negotiations are stalled, just file. If you do that the right way, it doesn't hurt you at all. When you file in JAMS, you MUST send a copy of everything to the attorney. Everything. Mail it at first. If the case gets going, you will probably later do everything by email, but that is a few steps in the future. (For one JAMS case, I used an email account that was only for the arbitration correspondence). When you file in JAMS, do NOT pay right away. As @Impress mentioned, some of the agreements have clauses for which they pay the arbitration fees. I had two JAMS filings for which I never paid the fees. In one case, we had a mutual walkaway between the time I filed and when the fees were due. So no fees. In another case, the attorneys stupidly claimed that Cap 1 would pay all the fees. Cap 1 never paid their fees nor mine, so the case was dismissed. Seeing as how this is Midland, the chances are you have pretty much won this case, and you may not need to pay the JAMS fees. If the arbitration agreement says YOU have to pay the fees, and you can't reach a mutual walkaway agreement before the fees are due, then you will have to pay the JAMS fees. They will never pay, and the case will be dismissed from JAMS for non-payment. As for the court docs -- if you have a court order for arbitration, by all means include that with your JAMS filings. Refer to the document in your filings, and include the court order.
  13. Then, it means the judge would be making an error, and going against a ruling by the Supreme Court. If that happens, make sure you are familiar with the appeals process in your state. Unless you want to do preemptive arbitration, which is usually only recommended in certain special situations, such as avoiding small claims exemptions (DOES NOT APPLY HERE) or cases in which you have a good reason to avoid the case every getting to court. For example, I now work in banking, so getting sued would be bad for my career. I have done preemptive arbitration twice, but those were special cases. In one case, the SOL for Delaware had passed, but not for my state. So I went into JAMS saying their contract said to use Delaware law. In the other case, it was my wife's account. I could represent her in arbitration, but not court. She filed in JAMS so I could handle the case for her. If you meet one of these unusual situations, or have some reason to believe that any judge in your county would have a high probability of ignoring a Supreme Court ruling, then file for preemptive arbitration as soon as the case gets to an attorney. Otherwise, the best course of action is to sit back and wait for them to sue.
  14. It appears you have been doing your homework so far. Yes. Arbitration generally works very well with Synchronicity accounts bought up by JDBs. That would be a winning strategy. Your next steps involve some searching in the forum: 1. Look up how to do an MTC 2. Look up how to file an answer with arbitration as an affirmative defense. 3. Look up Ohio cases to see if there is anything special. Afterwards, you will be ready to write and file your response. Best wishes.
  15. Be careful. If I were you, I would search this forum for Florida posts in arbitration. I remember decades ago, my graduate research adviser telling me the easiest research was research in the library. Except now we have the internet, and we can look up previous posts on CIC. Others here have worked out the way to win with arbitration in Florida. Don't try to reinvent the wheel. Just see how they did it, and do it exactly the same way. Florida is very tricky with arbitration. If you do things the wrong way, you can be deemed to have waived your rights. I thought I remembered the Florida posters saying they would answer with an MTC instead of an answer, but I can't swear to it. Don't listen to me. Listen to them.
  16. Stop. You are in Florida. Things are different there. If you file an answer, you waive your right to arbitration. I believe Barclays has an arbitration agreement. I can’t remember is there is a small claims cut out or not. Your homework assignment is to download the Barclays agreement from the CFPB web site and see what the arbitration agreement says. If you can take a JDB to arbitration, you usually win outright.
  17. I was typing an answer, and then @Harry Seaward replied with good advice. The only thing I want to add is that most collection agencies don't report. It is usually the landlord who would or would not report. That being said, it doesn't hurt to ask for a PFD deal. You agree to pay, they agree to not report or delete the report.
  18. How do you fix the mess? You said the debt is legitimate. You said you would've paid it earlier had you known about the debt, and its legitimacy. Is there some reason NOT to just pay the debt now?
  19. In many states he could represent his mother in arbitration, if it gets there. I once represented my wife in arbitration
  20. To the OP: Stop what you are doing now. From what I can gather from other threads in this forum, it appears Barclays has an arbitration clause in the cardholder agreement. You can visit the CFPB web site, and download the Barclay's agreement from that site. From what I have seen, the agreement is very favorable to you. Step 1: Get the Barclay's agreement from the CFPB site Step 2: Do a search on this site, and read up everything you can about arbitration. Step 3: Let us know what you are doing, and what questions you have. Step 4: File the appropriate stuff in court, such as an MTC. You have some homework to do, but there is an excellent chance you can get Barclays to walk away from the debt.
  21. Depends on the commissioner's personality, among other things. If you think he is the type of guy who really wants to learn the law, and would appreciate knowing how the judge ruled in the earlier case, then it could work. If you think he would just get p*ssed off and rule against you, maybe it isn't wise. OTOH, this may be the equivalent of a Hail Mary pass in football. The play rarely works, but when you don't try you lose anyway. If the magistrate seems not to know what you are talking about, take some time to explain the situation, and you can mention the last time you were in the situation the circuit court judge granted your motion. If it p*sses him off, you were going to lose anyway. I would see how things develop during the hearing.
  22. Of course nothing is 100%. And, things have changed tremendously in the decade plus since the time when my debts went under. In fact, the later cases were very different from the early cases. The landscape was changing year to year and sometimes month to month. And, there are always oddball cases. I beat all OCs in arbitration, including AmEx and Discover, the last two due to some flukes that were uncommon back then and are unheard of these days. However, there are ways to deal with cases that work in MOST states. Things may be different in California, Florida, Minnesota, Mississippi, Texas, Wisconsin, etc. Things may be different if there are legitimate counter claims. These are rarer than in the past. There are also a number of weird things that can happen in a case. Trust me, I have seen truly strange things happen. Things may be different if your judge doesn’t act the way one would expect a judge to act. Your strategy may be different if your situation is unusual. Few of us are attorneys. Those who are attorneys don’t know all the details of anyone’s case and can’t give specific advice What we do is show what has or hasn’t worked recently. But any individual case may be different.
  23. Few of us are attorneys. None of us are familiar with the specifics of your case. Based upon what we do know about Florida law, it seems very likely your attorney gave you appropriate advice. I mean, O J Simpson can live nicely off his untouchable NFL retirement income, and he has zillions of dollars of judgments against him Your credit score is messed up for a while. Possibly a very long time, if they get judgments against you. But they can’t touch your money. If you stop paying, you won’t be able to borrow more money. But you won’t need to pay anyone back. If the cards are only in your name, your husband is probably protected. Florida is NOT a community property state.
  24. I did have a case in which Cap 1 ignored arbitration. They never responded; never paid. The case was dismissed from court. Of course, that was in the days when Cap 1 had an arbitration provision in their credit card agreements. Things were different in those days. In those days, the laws in my state were less favorable to JDBs, so every case I ever had was an OC. Cap 1 was the ONLY OC to ignore arbitration. Citi, AmEx and Discover all at least replied. The Citi cards were settled before the fees were paid, as I expected. AmEx and Discover went fairly deep into arbitration before agreeing to settlements. But then, Cap 1 was dealing with an extremely sleazy law firm, Messerli and Kramer, so maybe the law firm just neglected to answer the arbitration case.
  25. Maybe you should file in court, and then file an MTC. The SOL is tolled while the case is in court. That way you are covered.