BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. I understand. You don't want an otherwise sterling 10 year old account to be removed. Did you mean 2017 rather than 2007? A 10 year old account would not have a derogatory from 2007, and any 2007 derogatory would have fallen off by now anyway. There is the possibility of good will. Meaning, since you have a good relationship with this lender, you can ask them pretty please to remove at least the 2015 derogatory, and possibly the 2017 derogatory as well. The idea being you haven't missed a payment in over 2 years, so pretty please with a cherry on top could they do you this favor?
  2. Very nice, although the OP said it was a motion for a default judgment. Basically they are claiming you never replied to the summons properly. That is not true. Take all the quoted advice, and write it up as an Objection to the Motion for Default Judgment. I once had a plaintiff file a bogus motion for default judgment against me. I had followed all the procedures correctly. The judge had a hearing, I explained what I had done, and the judge ruled against them. So don’t be scared.
  3. I hope you haven't already shot yourself in the foot. These are Synchrony accounts. Synchrony is easy to beat -- with the arbitration strategy. I really don't know enough about Georgia to tell if this is too late to file a MTC arbitration. I would strongly suggest doing so BEFORE the MSJ. In some places, you are considered to have already waived your rights to arbitration. In others, you can elect arbitration up to just before the trial. It also varies judge to judge, and sometimes differs depending on the mood of the judge. So file an MTC ASAP. Just in case it is
  4. There probably was a security leak. Contact the CRAs about putting a freeze on your account. Also pull your credit info, see if there is anything weird on there. If so, you may need to file a police report as well, which could be of benefit in the future.
  5. In that case, they may or may not pay to get you to go away. And stuff like that happens. My job involves fixing errors like that for banks. Such as, when the account number changes, what happens to the old account. Regulators get involved and it can be expensive. There are no guarantees. For most, but not all, judges they could beat this with BFE. It all depends on how hard you want to press this, and whether they are willing to pay to make this go away. Maybe they will, maybe they won’t.
  6. HUGE question here. Do you have proof? Did you send this CMRRR? Did you save a copy of your DV letter and the green card receipt? If not, you can’t prove a violation so forget it. If so, you could try to get them to pay you not to sue. That worked for me once. The other times it did not. But, that one time was $1000 that I needed. If the threat to sue doesn’t work, you can go ahead and file a claim. Maybe their lawyer will arrange to pay you $1000 to make this go away. Maybe. If you get to court, they will have a good defense of bona fid
  7. @Clydesmom is correct. The thing is, bankruptcy is a weapon that can only be used infrequently. Once you file, you can't file again for a while. That is why people who have recently BK are often given more credit than usual. These are extremely uncertain times. Nobody has a clue what the economy will be like in the near future. We as a nation could take a mild hit, or it could be a disaster. Nobody can predict what will happen to you, personally, in the near future. The danger is if you file BK now, and after you are finished, bad things happen. Suppose you let th
  8. Did they give you instructions? IIRC, when I did my lists for JAMS, they asked me to strike X number of names, and rank the others in order. So yes, 1,2,3... In theory, at least JAMS would try to find the arbitrator most acceptable to the participants. But they won't give you an arbitrator you struck.
  9. This might be a good strategy. You don't HAVE to BK until after the arbitration hearing. By that time, who knows what will be going on in this economy.
  10. No. If you hire an attorney they can no longer talk to you except through your attorney. If you are representing yourself in arbitration, and have not retained an attorney, they have to talk to you directly.
  11. I am sorry to hear this. I hope you are both working again soon, and I hope you stay healthy. The silver lining is, you have leverage. If you are on the edge of BK, then if you do file for BK, this debt can be part of it. All they would get would be whatever percentage of your assets they are entitled to. A BK attorney could tell you FAR more than I ever could. Your leverage is this: if they are not willing to settle for an amount equal to or less than what you would pay them in BK, which might actually be nothing, you can let them spend all their money in arbitration, get t
  12. The usual good advice from Harry. One tactic some have used -- if an account has an arbitration provision, offer a settlement amount similar to that of the filing fees. For example, if the filing fee is $200 or $250, offer $150 at first but be willing to go up to $250 or $300. It is worth the extra $50-$100 to make this go away and not have to deal with arbitration for most people. YMMV
  13. Why would the OP ask friends to help? Looks like the OP is getting some good advice here.
  14. Lots of people don’t seem to be scared of Coronavirus. Some claim it’s “just the flu” Look at the numbers. The worst flu epidemic in my life was the extremely contagious Hong Kong Flu, which was brought to the US by soldiers returning from the Vietnam War. It came in 2 waves. The first wave was 1968-69. The second wave, which I caught, was 69-70. The second wave was worse because the first wave came when schools were closed for the winter. The total number of deaths in the US was about 100,000. Not quite as bad as the Asian Flu a decade or so earlier, but bad
  15. Remember the old parable about the blind men and the elephant, arguing about what sort of thing they had discovered? One man found the trunk. Another a tusk. Another a leg. Another the tail. Remind you of anything? Both Harry and Clydesmom are partly right, and partly wrong. The Coronavirus situation is a medical health crisis that has the side effect of severely damaging our economy. And some industries suffer more than others. One person, Jeff Bezos, is said to be $24 billion richer than a few months ago. He has done well. Then there is the othe
  16. I agree with Harry. I once had a case in which the Plaintiff’s attorney left the small law firm before filing. The firm had to get all the attorney’s active cases dismissed without prejudice. More than a year later, they hired a new attorney, whose first job was reactivating the old cases. He contacted me a few months before SOL. Consider, with Coronavirus, some courts are automatically tolling the SOL during lockdowns. It is possible the JDB would just sit on the case and forget about it Not likely, but I had some OCs walk away from difficult back in the Great
  17. Well, if you are supposed to meet with the CLARO attorney and the Plaintiff's attorney, it is almost certain this meeting will either be done remotely or postponed. For example, my brother is an attorney in the NY area, and he does 100% of his work, including meetings, from home these days. I can't give you any advice here. I don't know if anyone here can give you advice. If I were in your shoes, knowing that a meeting with the CLARO attorney was required, I would contact the CLARO attorney fairly soon to ask them on how to proceed with the hearing.
  18. I think the proper term is Motion for Sanctions. Another possibility is a Motion to Dismiss With Prejudice, using their failure to arbitrate as the reason for dismissal. The idea is that they were ordered to arbitrate, refused to arbitrate, and thus the case should be dismissed. I can't really help you, because the only time I was in this situation, the judge automatically dismissed the case w/o prejudice on the grounds that the Plaintiff had abandoned the case. In that situation, I got a Motion to Stay for arbitration (yes, that was in the very early days of arbitration). The jud
  19. There is some possibility the SOL hasn't ended, depending on the state. They could claim the SOL tolled while the case was open, and, counting that time, the SOL hasn't passed yet. That might work, or it might not work. I am not an attorney, nor do I know your state's SOL tolling laws, so take whatever I say with more than a grain of salt. Some states would allow refiling a case, but only within a certain time frame, such as XXX months after the first case was dismissed without prejudice. Again, I don't know your state's laws. The law firm is on very thin ice if they ar
  20. This whole thing seems rather fishy, or, quite possibly, phishing. I would NOT open the attachment. Email just is NOT a secure way to send these sort of things. For example, how do they know they sent it to the correct email? For example, many emails, including very important emails, that should be sent to me are sent to some poor fellow with the same first and last name but a slightly different email address. As far as I am concerned, I have not been contacted until I get a letter in the mail. This may be an initial communication, in which case they have 5 days to send a l
  21. I, personally, am doing OK for now financially. Nobody in the family is sick AFAIK. I feel really bad for relatives in NYC who are stuck in tiny apartments for weeks on end with no escape. Most of my kids are out of work and having trouble getting the money they will need for college in the fall. Things will get quite tight in the fall. The kids have been getting help from grandparents, who have depended on the high stock market to help out their grandkids. So I expect the kids to take on a very heavy student loan burden. I also expect things to be extremely tight wit
  22. This depends on the state. In Wisconsin, the plaintiff must provide an accounting from zero balance to the current balance, certified by someone with knowledge of the account, if requested by the defendant. That means whatever the judges say it means. I had a very pro-consumer judge throw out the affidavit from Crap1 because it was signed by a “legal support specialist “, and the judge ruled that such a person did not have first hand knowledge of my account. Crap1 abandoned that case. No NDA so I can talk about that case. Later, some bigger judges rul
  23. Yes, JAMS was one of the venues for arbitration under the old Discover arbitration agreement. I used JAMS with Discover. I got a good result, but there were other factors. For example, the account was past the SOL in Delaware, and the arbitration agreement uses Delaware state law. That, plus a few accounting errors, plus the cost of JAMS were probably what got me the good settlement. I don't know if I would've gotten the same result with AAA. Maybe yes, maybe not. It appears Discover wants to save money by using AAA instead of JAMS.