BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. That is CMRRR. Good for you. I really don't know if vet debts are considered consumer debts or not. For some strange reason, necessary human medical debts are NOT considered consumer debts. They are business debts. I don't understand the logic. However, cosmetic surgery is considered consumer debt. It is possible that vet debts are also not considered consumer debts. But your local court might think they are. Courts don't always agree. For example, some courts consider student loans to be consumer debts, while others do not. If the vet debts are consumer debts, then they h
  2. Yeah, they could put it on your credit report. If it is false, you can dispute with the CRAs, and if you really believe this is false, you could file a suit against the collection agency for FCRA violations if they report falsely. This is NOT easy to do. But then, maybe they won't put it on your credit report. I don't know exactly what was in the letter you sent them. I hope you sent it CMRRR, and I hope you kept a copy. If what you wrote amounts to a DV letter, and they didn't validate but continued to collect anyway, they could be liable for a violation of the FDCPA. You
  3. I disagree with this one. Unless the OP started in arbitration before the case was filed. It is doubtful that a MTD would be granted, while an MTC would probably be granted, unless the judge ignores the law. One possibility is a combination of: 1. An answer, with lack of venue as an affirmative defense 2. A MTD for improper venue, and 3. An MTC. The idea is if the MTD is not granted (and it almost certainly won't be), the MTC is filed as an alternative to the MTD. I wouldn't file a second MTD, though, at least not as a standalone filing.
  4. Normally, it is NOT too late if you have not already filed an answer. The only restriction I can find is they cannot use arbitration in small claims, but you can. File an MTC along with your answer, and include an affirmative defense of improper venue. Realize that some judges just do whatever they feel like doing, no matter what the law actually says.
  5. Well, this is kinda what you expected, and have been preparing for. In general, the best approach is a general denial with an affirmative defense of improper venue due to arbitration, along with the MTC, filed as your answer. File it a few days before the due date, just in case something weird happens. Filing a claim of an FDCPA violation due to ignoring your arbitration demand (NOT a request! A demand!) is possible. People here will tell you, correctly, that there is no case law that filing the court case really is an FDCPA violation. But, in SOME cases, it can help to scar
  6. The ONLY time I sent something in the mail but forgot to send it CMRRR was to an attorney who claimed never to haze gotten it. That is why I asked. In your case, I would resend everything to the court. Better still, deliver it by hand if at all possible. Include a notarized statement that you mailed everything earlier, and when you mailed it.
  7. Your post is very confusing. Who did not get the documents? What documents were they? Were these documents sent by regular mail or email? If sent by regular mail, were they sent CMRRR?
  8. It is unfortunately very common in small claims courts to get judges or magistrates who really don’t know or care about the law and just do what they feel like doing. Yours is not the first or even the tenth time we have seen this happen. Appeal. I don’t know the proper appeal process in your court. Some jurisdictions have an automatic appeal. Others require a cause. In either case, you have a cause. The judge violated a US Supreme Court ruling. You need to look up the Concepcion v. ATT case where the Supreme Court ruled that arbitration clauses must be follo
  9. I have used this strategy in arbitration every time. In the old days violations were more common, which is why I was able to use this strategy every time. The worst settlement I got in arbitration was a mutual walk away.
  10. I am not saying this to criticize you, but to give others a lesson. While there are exceptions, with medical bills, the earlier one can work out a payment plan or some kind of settlement, the better. Some medical providers are really great about working out payment plans, others range from meh to horrible. Such is life. To the OP's situation: You will almost certainly lose this case, unless there is some serious fault with the case. In that situation, the question is, are you "judgment proof"? In other words, if they have a judgment against you, are you in a position
  11. @Luvmybabas Please go back when you have a chance and edit your earlier post with your name and address on it. @Brotherskeeper has already answered with excellent advice. If you have to post something with personal information, either send it in a PM to @Brotherskeeper or else delete after it is answered.
  12. This is an important point. The court rules will NOT have a section on how to file this or that motion, since there are many types of motions, but they should have something about how to file a motion. There may be rules on how far in advance it needs to be to give the other side a chance to respond, so if the hearing is June 9, you should try to file ASAP. You also need to find out how motions are heard in that court. In my state, circuit court motions are generally scheduled for hearings, while small claims motions are usually heard whenever the scheduled date for the small cla
  13. I think the most you would have to pay in arbitration would be $250. I have had cases where I filed, and then worked out an agreement to dismiss the case before I had to pay the $250.
  14. There is a link in the template you used to instructions for arbitration. Here is the gist of it: In order to protect themselves against class action suits, etc., many creditors use arbitration agreements. That is a little too complicated for this post, but here is what it means for you: Either party has the right to have the case heard by a private arbitrator instead of the court. This has been affirmed by the US Supreme Court. For example, the Judge Judy show has Judy as a private arbitrator, which is why a TV judge can make legal rulings. Consumer arbitration is expens
  15. We need a LOT more information if we are going to help you. There is a template with questions to fill out. Find that and use it please. If you can’t find it, at least let us know: What kind of court The original creditor The approximate amount. Please round. The law firm suing you. When is your answer due. When was the default. What sort of evidence, if any, was provided with the complaint.
  16. The judge denying the motion for default judgment is a victory. An expected victory, but a victory nonetheless. Now prepare for the June 29 hearing. And try not to panic. Their biggest weapon is fear.
  17. It depends on how badly you want to keep this out of court. Nobody can answer that question except you. If you really, really want to keep the matter out of court, you have to file in JAMS before they file in court. At this point, they would probably NOT take a 10% deal. I said probably, because I do know of some cases in the past where 10% deals were accepted. The only way to get them to take 10%, or possibly 0%, would be to go ahead and file in JAMS. Most debt collection law firms have some way of communication for settlement offers. You need to figure out how to commu
  18. If you are certain this cannot be filed in small claims, then there is PROBABLY no harm in waiting for them to sue. Given the current COVID-19 situation, I don't know how long it would take for them to sue. There are a few situations in which you do NOT want to wait for them to sue: 1. The case will be in small claims. 2. There is some reason you do not want a court case on your record. For example, if you need a security clearance, or you work in a profession where it would be bad to have on your record. For example, I am in banking now. I had to show that all
  19. This is looking better for you. Much better. When Citi sold the debt to a JDB, the JDB took on the entire contract. That means the arbitration agreement is still valid. However, JDBs are less likely to pursue arbitration. Use the same strategy I lined up. Send the lawyer a letter, CMRRR, saying you elect arbitration for all disputes concerning this debt. Wait until they sue, then file an MTC, since this is not small claims or the equivalent. It will take a number of months before the court will even hear any new cases. When you get your MTC, file in J
  20. I do not know NJ law, but if this debt is above the amount for small claims, then the small claims exemption would not apply. Since this is an OC, they will very likely follow into arbitration. The point of arbitration is to use the $$$$ pressure of JAMS to attempt to get a better settlement. In general, you can get a better settlement BEFORE they sue than you can AFTER they sue. However, you say settlement is impossible right now. I don't know what is going on with the NJ courts. Many courts are simply not hearing civil cases these days. It would be difficult for them to f
  21. There is still a lot of information we don't have. Who is the OC on this? You implied there is a small claims exemption for arbitration. Some OCs do have this exemption. Where is the OC located? What is the choice of law for the arbitration agreement? This is important. I was able to beat a debt because it was a few months before the SOL in Wisconsin (my state) but the debt had passed the SOL in Delaware, which was the headquarters for the OC. The arbitration agreement said Delaware law would apply in arbitration. So. what does your agreement say?
  22. You should demand (not "ask for") an in-person hearing. That is your right. Of course there will be no in person hearings for a while, but that is another issue. An in person hearing is more expensive. They have to pay for the costs -- including travel costs for the arbitrator if the hearing is outside where the arbitrator lives. Filing objections is not only your right, but a necessity. Use it or lose it. If the other side does something you don't like, you must object, or you lose your right to object. And that can run up the costs.
  23. Since it is already SOL, will it fall off your CR before you get a new home? If so, there is no point in this. If this would be on your CR for another year or two, it is worth it. Sometimes the credit reports say when an item is due to fall off.