upcycleliving

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About upcycleliving

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  1. If you sue somebody and win the Judge doesn't hand you a bunch of cash and say "Congratulations". All you get is a piece of paper and it's up to the debtor to collect it. The term "junk debt" has nothing to do with how much documentation they have. It's called a "junk debt" is because they are buying a high risk debt where the debtor has high likelihood of not paying. The vast majority of these debts are not going to be from people with six figure incomes and higher than 800 credit scores. A lot of these debts are going to be debts of people that lost all their money from medical bills and can't work, or are ready to file bankruptcy, unemployed, unemployable etc... You can have all the proof you need but if the debtor has no income and no assets you are wasting your time and money collecting. That's why it's called Junk Debts. I bet the JDB or the lawfirms for the JDB are sitting on huge stacks of judgments that they have given up on trying to collect. An example. I have a friend that's wife got assaulted by a stranger outside a bar and he's currently in jail awaiting trial. I pulled up his record in the courts and he's been sued and arrested dozens of times and has all kinds of civil judgments against him as well as arrests for driving without a license. A lot of these civil judgment are from different insurance companies where he probably caused a wreck and didn't have car insurance so the other person's insurance company sued him and got a default judgment. A guy like that that is sitting in jail with a million dollar bail and tons of judgments, I highly doubt is collectible and the JDB would be wasting their time trying to collect from him no matter what kind of proof that they have on him. In that case the judgment isn't worth the piece of paper it's printed on. Out of all the debts they buy, some of these people might have stopped paying their bills because they got laid off but found new work and now have the means to pay the debt back. The Junk Debt Buyer knows that they aren't going to get paid on 100% of the debts. They have to buy these debts for cheap enough so that they can make enough money off the people who are collectable to cancel out all the uncollectable debtors. Also in my case they spent 300 bucks filing the lawsuit and if I remember correctly I couldn't find a lawsuit from this JDB against anybody for less than 700 dollars so they've got to have some formula where it's not worth it for them to pursue anything less than 700 bucks. If you've ever tried to retain a lawyer to sue a person or a company the first thing they want to know before knowing if you have a decent case is "Can I collect from this person?"
  2. Really? I just called them a third time and they now claim that all payments made on the date I paid got posted the very next day due to a system glitch. They still haven't credited my account, they claim that it will be credited by the end of the month.
  3. So I have another synchrony bank account that’s still in good standing. Have had it for years. Anyways paid the bill when it was due 2 weeks ago and I go to my account and noticed there is a late fee. I’ve called CS multiple times now and each time they admit that the mistake is on their part and they would be refunding the “late fee”. I’m furious, I still have not been refunded for this. I always thought that what caused my amazon account to close was a simple error on my part that I accidentally entered the wrong checking account number when I went to pay but I’m now beginning to think that the mistake was on their part.
  4. Your judge doesn’t know what he’s talking about. Account stated and Breach of Contract are basically the same thing. What they call it is irrelevant for the most part. What matters is what the cause of action is at its core. A revolving credit card debt is usually presented as account stated simply because the underlying debt arose from a series of transactions and calling each and every one of them a breach would be cumbersome to keep track of.
  5. Your judge doesn’t know what he’s talking about. Account stated and Breach of Contract are basically the same thing. What they call it is irrelevant for the most part. What matters is what the cause of action is at its core. A revolving credit card debt is usually presented as account stated simply because the underlying debt arose from a series of transactions and calling each and every one of them a breach would be cumbersome to keep track of.
  6. Yeah it says “we may not require you to arbitrate” but it clearly says they are required to arbitrate.
  7. I don’t understand why you didn’t just call them up, claim financial hardship and try to get the lowest settlement offer you could before doing all this work as you probably gotten a similar settlement.
  8. When have I ever said that what they are doing is illegal? My point before was that if you are going to through all the time and hassle of answering the lawsuit and drafting and filing a MTC and showing up in court that you might as well as get the entire case dismissed otherwise you are basically giving somebody that doesn't need it free money.
  9. Junk debt buyers have no doubt lost tens of thousands of dollars because of this site. I’ve seen case after case here where somebody gets the JDB to go away and they get congratulated on their dismissal by forum regulars while the JDB gets “screwed”. Now all of the sudden you are going to play the morality card? Ha!
  10. I consider this a loss for the OP. $150 is 25 cents on the dollar. OP spent all this time on this case and is still paying then 25 cents on the dollar (probably a lot more than they paid). If she had called their 800 number and gotten them to settle for $150 within 24 hours of getting served I might consider that a win but after spending all that time on here and preparing a MTC and laughing at the attorney when he warned about the costs of arbitration to settle for $150 is not a win IMO.
  11. Nothing you say over the phone can reset the statute of limitations. If you agree in writing to pay a debt that can reset the statute of limitations.
  12. There is no action called “collusion” Yeah in those contracts. But there are many arbitration companies out there. Why do you think they chose Jams and AAA over the other arbitration companies? It's because they shop around and those companies offer them the best deal.
  13. Again this is ridiculous. I guarantee you that the judge who handled my case had never seen a motion to compel arbitration in a JDB case. I've gone through thousands of cases in my county filed by Midland, Calvary, LNVN, PRA and I couldn't find a single case where somebody filed a MTC and only found 2 cases out of thousands where the JDB threw in the towel. Almost every case that didn't get settled was either a default judgment, consent judgment, or motion for summary judgment.
  14. Where does it say it's illegal for the banks to have contracts with Jams or AAA for a break on fees?