Zinnia

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About Zinnia

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  1. @Harry Seaward Thank you for your thorough response! I thought it was negative, but now I have written up a very solid MTC. Thanks again!
  2. Sorry if I'm being dense, but what does the 3 panel appeal mean? And how does "applicability of the arb provision is for an arbitrator to decide" change things? Do these rarities benefit me or them?
  3. Thank you!! Does that change how you enter the MTC?
  4. I'm wondering if anyone has a copy of the 2008 Capital One cardholder agreement? All the links I found were dead, with the exception of one but it is poor quality. Does anyone know if there is a survivability clause for arbitration in it? Thank you for your help!
  5. I did not pursue this, which was a mistake. I noticed once the full month had elapsed, the debt dropped off of my credit report. I assumed they weren't going follow through and it was done. Well, today I received a packet for a Complaint against MDJ Judgement and an arbitration date in April. I didn't pursue this mostly because I had hoped they wouldn't go through with it and I was concerned about 'pushing' them into filing suit because I had no defense. I had no idea when this card was from or if it had arbitration, no evidence of this cards existence whatsoever. What was on my credit report was from LVNV, not Capital One. So, I tried my luck and it didn't work out. On the 'up' side though, they did include a date that the alleged account was opened. 2008, which still has the arbitration clause. -- Is there anything here that could warrant a Motion to Dismiss along with the MTC? Could them waiting 3 months rather than 30 days be any kind of leverage? I did already argue my case in another court, does that count for anything now? Thanks for any help
  6. @Harry Seaward @Goody_Ouchless Sorry, I don't seem to be able to multiquote in one message.. But anyhow, I waited to respond just so I'd have more information since I really didn't have any. And, I still don't. I received the 'Notice of Appeal' and waited the full 20 days for them to file, as well as another week. I called the courts and they informed me that they never filed a claim.. What I'm confused about now is, what to do next. The Notice of Appeal states, " (1)You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail.(2)If you do not file a complaint within this time, a JUDGMENT OF NON PROS MAY BE ENTERED AGAINST YOU." http://www.pacourts.us/assets/opinions/supreme/out/516civamendattach.pdf I asked the clerk, and she made it seem like they can still file a complaint.. even though their time has passed. But I can file a Non Pros, give them another ten days to file, and then have a judgment against them.. But according to the link above, wouldn't the courts file a "judgment by default"? Thank you for any help, this whole new process seems so convoluted to me
  7. I'm not sure.. but I did come across this while dealing with another JDB. That it has to be raised to a higher court before they allow it.
  8. I just wanted to post a quick up date, 7+ months later but I finally received the paperwork for the mutual dismissal. A big thanks for everyone's help, especially firsthardcheese!
  9. Yeah, I agree. They only seem to pursue people without lawyers, they never seem to appeal wins from defense attorneys. I think this is just another attempt at a default judgment, honestly. In PA, you can't file for arbitration in small claims. Hopefully it's in the contract. For now, I guess it's just a waiting game.
  10. Everyone has said that the magistrate is much more lax about everything, I didn't think objecting was even an option. The whole thing was like a whirlwind and they put hardly any effort in. That's all they presented, and one statement. Like I said, they didn't really give me a chance to look at what they presented. If it was an bill of sale with an affidavit, on what grounds can you object to it? I know I've seen about needing an live witness there to confirm, is this what that's referring to?
  11. Wouldn't the fact that they didn't have anything proving it was mine be proof enough? We went back and forth for some time arguing our points. There really wasn't anything left to discuss!
  12. Sorry I don't know how to quote multiple people in the same post.. But not an issue at all! I appreciate any kind of feedback! I guess I assumed that appeals worked with these cases like they do in criminal court.. You don't get a new trial unless your appeal is granted. Which, I still don't understand. Why even bother with the magistrate then.
  13. There was a judgment in my favor. The lawyer gave them a paper with my name and an account number, the rest was blacked out. They only let me look at briefly, so I don't even know what exactly it was. I asked for statements, contracts, etc. They didn't have any of the things I asked for. The judge didn't dismiss anything either of us presented. And that was that, the judgment was in my favor. Which is why I am upset about all of this. You might as well not even show up, if you win they appeal and get a new case no question asked anyway. I feel like they're only doing this to people without lawyers because the Common Pleas courts are such hassles people won't even bother fighting.
  14. Thank you very much! I spoke with the magistrate today, and you are correct.. Thanks to the holiday, they filed on the final day. I spoke to the county clerk as well. They aren't exactly helpful, but made it seem like I'd have a chance to reply to the appeal. When I told them the notice had an arbitration docket number already, she responded "Well that's what happens when you appeal" ... ? One thing I noticed looking through all of the dockets again, the ten or so cases they appealed were ones won by pro se defendants. How is it at all reasonable that they get a new case just for appealing?? I am really not happy with the idea of a sheriff coming to serve me papers, especially after already beating them in another court. And not even knowing if that's going to happen, because you can't get straight answers out of any of the 10 clerks they make you talk to!
  15. Thank you for the thorough reply, Harry. I missed the clerk Friday, so now I'm waiting for Monday.. I'm reviewing as much information as I can about how this works, it's just very confusing as it's always from the other side. I looked through 150+ cases and only found one other person this year that they went after like this. It's really ridiculous that they're jumping through hoops like this, they had no case and lost. What is the point, they have literally hundreds of default judgement cases in this county alone! .. I also received a bankruptcy lawyer letter today, and not that those are always 100% accurate, it referenced an 'AR' docket number. Can they file for arbitration before an appeal? Do you know if Capital One had an AAA/JAMS arbitration clause in 2007-08? I know they dropped it somewhere around this time but I can't find the exact date.