shadow99

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shadow99 last won the day on April 22

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About shadow99

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  1. The reason I filed that way was based on what I read in the master arbitration thread. I understand the legal implications you're explaining, but did I misunderstand the instructions?
  2. That may have happened, but I don't think they did it on purpose. It's more like they're simply not paying attention or just hoping they'll luck out and I'll miss a court date. This was a good learning experience. I'll be better prepared if I do this again. At least their settlement offers make sense now. They offered to settle for just a little over $1500 twice, which was what they thought I still had to pay. After their wake up call on how consumer arbitration works, they didn't offer to settle again.
  3. Yes - they keep sending them demands to pay. It was about once every two weeks. It's slowed down to every month, but they still send them. I have been emailing the person who sends them to keep them updated. They asked me if I wanted them to keep sending the emails and I said yes, please. When I get a chance, I will update them again and ask them to keep the case open as long as they can. They've been very helpful so far.
  4. The most recent violations occurred Dec 2019/Jan 2020 - I filed with JAMS in Nov 2020 and have been trying to get them to either pay the fees or drop the case ever since. I don't understand why the FDCPA SOL is so short. Does anything else have a 1 year SOL?
  5. I think they first filed the case with a March 2020 court date. Then Covid happened, so the first court date was August 2020. Some of the violations have expired, but some involve phone messages just a few weeks before they filed the case and less than a year from when I filed with JAMS. Maybe January 2020. I seriously doubt it's going to get that far at this point. I'm expecting the non-suit even if it doesn't happen until the next court date and then not hear from them again. They would pay more in fees than what I owe, they risk fines and I've probably already cost them more tha
  6. Thanks - I don't know why but I get the with and without mixed up all the time. This is a good place for a reminder.
  7. I imagine that's what will happen. If they refile, I'll have to go to court and explain what happened, which won't be fun, but it doesn't change the fact that I have the right to arbitrate and they have no valid arguments against it. It would definitely suck, but I feel a lot more confident about the whole thing now. I'm still trying to figure out the magic formula to get the MTC granted here. They're sympathetic, they agree I have a right to arbitrate, they just won't grant it. But, at least they don't say judgment granted either.
  8. If they ask for a nonsuit, I'll ask for a dismissal without prejudice - that's the right one? The judge sounded like he really wanted to give me one yesterday. They won't do anything like that until the court date comes up again - I guess anyway.
  9. Funny thing - I asked him if he had a card so I would know for sure it was him next time and not have to go by memory of what he looked like. He said he'd talk to me after. I was like, just let me write down your name then. And, he spelled it out for me. Then, he said wait a second - and recited the whole debt collector disclaimer. Followed by, that's so you don't take my name and sue me. I guess he didn't want me to catch him on any FDCPA violations.
  10. Ha! I don't answer any of those calls. They'll have to email me. I have my phone set to only let calls through if they're on my approved call list. Others can leave a voice mail that I may or may not respond to. At this point, I want everything in writing. I'm great in writing. It gives me time to think without interruptions. Phone calls and in person stuff is harder and gives me more opportunities to slip up or not think fast enough. Besides, you guys can ride along with me on the emails - I can't get you all on the phone with me. I expect them to non suit it next October.
  11. My court date was this morning. New judge again - older male who had not reviewed anything prior to court, but took his time to before each case. New lawyer again - another older male who had taken the time to review the contract and objections last night. As the judge is reviewing the history and the motions/answers/objections, the lawyer says that he thinks my motion has merits and it should be allowed to go to arbitration. He basically declined to use any of the law firm's objections. The judge reviewed everything and said - it's Velocity's contract, they should hon
  12. I will - and, this is kind of good. If I have a next case, I know exactly how to format everything for the court for a response & objection. Although their generic DC-371 Motion and Notice of Hearing worked fine for my MTC. Only filled in about 3 lines about why I was filing a motion, the case information, my name and the date, plus the check box & date for mailing. I wasn't really complaining about getting it late now that I'm prepared. I know how to pick my battles. Just updating the thread. EDIT: Mystery solved. I was checking the docket to see how many cases
  13. I sent them the paperwork certified mail on April 1, they responded on April 14 with mail and email, I have it today. It looks like either side can submit requests right up until the time of trial. Of course, they'd probably give you a continuance to have time to respond if you asked for it. They seem very generous with the continuances as long as you have any reason other than the defendant can't pay. The paperwork was exactly what they emailed me.
  14. The paperwork came today - less than 48 hours before I'll be in court.
  15. Exactly. And, what if I came in unprepared with no argument like I see so many people do, and like the plaintiff has done on 3 occasions now. I'd lose. (Although when I left, I had a migraine coming on. I told the judge I really needed to leave, and I was OK with either a continuation or a non suit. Now, I see that was a mistake, one that I can learn from.) Part of the current social justice movement is talking about this. They want to make it so people who can't afford an attorney get free representation for civil defense like they do for criminal defense. I can only imagine