Zinnia

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About Zinnia

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  1. Oh, I understand! That's why it's frustrating, everything actually is there.. somewhere. I've never heard of whole entire case files going missing.. Especially a withdrawal of a case! The clerks aren't helpful at all. Do you think taking in their discontinuance letter would be enough?
  2. It's fairly straight forward, everything was in order as it should have been prior to the lockdown. I filed a motion, hearing date was set, LVNV sent me a copy of their Praecipe to Discontinue Action two weeks later and I assumed that was the end of it. The courts sent me a rescheduled hearing date two months later, even though it was supposed to be 'discontinued'. And somehow now the court clerk is saying they don't have any of this information. No motion filed by me, no other documents besides the original complaint. I have the letters, the copies of my motion stamped by the court, all the registered mail stubs and their discontinuance letter. I didn't have a motion hearing, lockdown canceled it. But LVNV discontinued their appeal before the set date anyway, so it wouldn't have happened regardless.. The clerk said "it could be in a mail pile somewhere" but LVNV mailed it three months ago. I don't know what to do now?
  3. An arb case was filed against me in February. It was actually an appeal for the case I won. I filed in early March a Motion to Compel and had a scheduled hearing at the end of March. I received a "Praecipe to discontinue action pursuant to PA.R.C.P.229(a)" a week before the hearing. Lockdown started around March 15th. In May, I received a 'Rescheduled Hearing Notice' for July. Assuming the paperwork was backed up, I gave it a month before calling to confirm it was indeed a mixup. I call today and was told they hadn't received any paperwork whatsoever besides my Notice to Appear back in February. No record of me having filed a Motion and most importantly, no record of a Discontinuance. I have all the documents to prove this. I would've thought their lawyers would've take care of this, but they didn't. What should I do now?
  4. I came here looking for the same information. The courts in my states are closed for now. The closures happen to fall when my Motion hearing was set, but due to reopen before the court date. I would imagine if they do reopen, the arb date would be pushed back until I can have a hearing but.. I'm really not sure how this will work out.
  5. @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!
  6. 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?
  7. Thank you!! Does that change how you enter the MTC?
  8. 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!
  9. 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
  10. @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
  11. 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.
  12. 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!
  13. 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.
  14. 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?
  15. 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!