BackFromTheDebt

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Everything posted by BackFromTheDebt

  1. Good for you. At this point your goals are: 1. Be healthy. The case may be delayed for a few months. That is a mere inconvenience. 2. Do what needs to be done. 3. Don’t do what shouldn’t be done. In a recent thread I mentioned a notorious case of a guy who blew a slam dunk case and wound up with over $60,000 in sanctions against him due to using his postings to harass the opposing counsel. Stuff like using locker room language to describe a female attorney. Not smart. Keep the updates short and neutral. “Filed the case today” or whatever. No
  2. I was asked about my postings in a deposition once. I used a technique that had been recommended. For that particular case, I did not post very many things. In those days I usually posted on the "other" forum. But since I was facing a depo, I created a new user name, and posted once about that case on this forum. In the depo I was asked if I had posted anything online about the case. I replied that I had posted on CIC. They asked, in a rather derogatory manner, what the purpose of CIC was. I said it was a credit repair web site. In short, everything I said in the depo
  3. I guess he finally got wise. I hope everyone stays healthy. At least -- they won't be garnishing your money anytime soon. Hopefully once this is all over, you will be safe from garnishment forever, unless you win the lottery.
  4. I don’t know anything about the CA general denial form. But yes, you need to include a copy of the agreement with any MTC
  5. Cap 1 ended arbitration in 2012, but it might still be used for accounts which were opened before then.
  6. Again, I am not an expert on CA. Some folks are here. What is done in MOST states is to use lack of venue due to election of arbitration as an affirmative defense, and then to file an MTC.
  7. Stop for a minute. Citi has an exemption for small claims courts. I don't know jack about the CA courts, so I have no idea if a $7k debt would be in small claims or not. I don't even know if CA has small claims. If this is NOT small claims, the arbitration strategy may work. If not, it won't. Since this appears to be a suit by a JDB, arbitration will probably work. Either way, you should check out the threads on the California cases, Apparently Cali is the state where it is easiest for the consumer to win a case. Good luck!
  8. Well, cases are a lot easier for the debtor to win in California. Unfortunately I have no knowledge of how to pursue a case in Cali. Look up some of the California threads.
  9. Depends on your state. In most states, the cheapest option at this point is to negotiate a settlement. You can often negotiate a better settlement before they actually sue. Ignore that if you are in California
  10. Important— when did you open your Cap 1 account? If it was after 2012 you won’t be able to arbitrate
  11. There have been a number of threads on this subject, although most were in the "other", now defunct, forum. Yes, if you still have the bank account you used to pay them, they will know that bank account. Realize that things change very quickly. In the past, it used to be recommended that the debtor clear out his/her bank account before garnishment. So, if a debtor's exam were scheduled, the advice (esp on the "other" forum) was to truthfully answer all questions, then as soon as you leave the exam clean out all accounts and put the money elsewhere. It was also advised th
  12. Actually, I don't know if there is such a site. I made it up. But you are correct. The gold fringe argument is spread by the so-called "sovereign citizens". Helpful hint: judges truly hate the gold fringe argument. Never, ever try it,
  13. Perhaps from the Gold Fringe site. That was for the old timers. There were some threads in the old days about how using a gold fringe argument was the best way to lose a case big time. Here are the facts, simple as A,B,C. A. Strange conspiracy theories travel the internet at the speed of light. (*) B. Some people believe these theories, even when told otherwise by folks with more knowledge. C. People who try out these weird theories in court often get slammed hard by judges. (*) Yes, I know the speed of electrons is actually slower than t
  14. I can tell you a little bit about what happened after the financial meltdown a little over a decade ago -- It helped in some situations, but not others. For example, at one point some courts were so swamped with foreclosures that some foreclosures were waiting many months, or even years, to be heard. But eventually the backlog wore off. In some cases attorneys were so swamped they simply weren't filing cases. I had one case sit in the drawer of a law office for a long time. I sent in a DV with a demand for arbitration, and the lawyer left the firm. Eventually the new attorne
  15. More precisely, what you get from this board is as close to the truth as we can. Correct, nobody called the OP a liar. I sometimes come over as less skeptical than most, because I feel it doesn't hurt me to assume what I am being told is the truth. If someone is making stuff up, well, no big deal. At least people reading the forum might learn something. There are certain things that happen on very rare occasions that are so weird they boggle the mind. For example, over a decade ago, a collection agency broke federal law and put a nasty note in the mailbox of someone who po
  16. I am not that familiar with TN courts. I have relatives in TN, and I think there has been at least one relative in the TN Bar for about 100 years or so. Relatives have been involved in some of the most famous cases in TN My family has been in what is now called Tennessee for longer than anyone can calculate. Tennessee is a rather conservative place. This is not like the Bronx, where juries hand out large verdicts. That is a large part of why I was skeptical of a six figure settlement. The OP has already scheduled a talk with a real member of the TN Bar. The attorney
  17. Please keep us updated. This could be a very long process, but we want to know.
  18. @Harry Seaward and I don’t disagree on strategy. He is more optimistic, I am more cautious in my predictions. That is all. But even if my pessimism is correct, you are still looking at a payout. You know what to do. Do it. I honestly hope Harry is right and I am wrong. There is one way to find out. Sue the b@statds. See if you get the medium payout I predict or the large payout Harry predicts. Sue them not just for yourself, but to stop this unconscionable abuse. Sue them for those who are intimidated.
  19. Expect a few unpredictable things to happen because of overworked Banks, debt collectors and attorneys as well.
  20. You may be correct, if it ever gets to trial. Or maybe not. Maybe less. I have no doubt the CFPB night slap Midland hard as well. Thing is, neither of us have heard the recording, so we are just making completely wild guesses. At this point the OP needs to find a good lawyer. A good lawyer would listen to the recoding, get all the evidence the OP has, and make a somewhat more educated guess— only a guess because juries are unpredictable— as to what this case is worth. And the particular location matters quite a bit. The case would be worth far more in t
  21. This is why I suggested taking this to an attorney. I have no idea if you could get six figures. I am skeptical. However, you could do a great deal of damage to Midland. Here is the thing. Federal regulators don’t mess around. I have consulted for companies where software errors led to regulators getting involved, because it meant the company was systematically violating regulations. One company wound up with a fine of over $10 million. Another company ate a loss of over $100 million in debt forgiveness because that was cheaper than whatever fine the regulators woul
  22. I am happy things worked out for you. Best of luck in these difficult times.
  23. Midland is a big company. Some of the people who work for Midland are complete jerks. That is true. However, some are not. Someone from this site in the past got Midland to drop a court case due to medical expense hardship. If I were in your shoes, I wouldn't wait to be sued. I would call Midland, and ask to talk to the people in the medical hardship division. Those are different people from the debt collectors. You are more likely to reach a real person. I will be very blunt here. You have a lifeline. Don't throw away the lifeline because someone else at the