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shadow99

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shadow99 last won the day on August 30

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  1. Bulldogger just pointed that out because we're both in Virginia and we've been chatting. I think you could argue that Utah's SOL applies. I'm curious about that myself - when a contract says that one state law applies to the contract, but you live in a different state, which one wins? Or is simply up to the judge. I also had a Prosper loan with pretty much the same language. It was for slightly less than $3000, but I have a dismissal with prejudice in the works (just pending the court filing) because the JDB did not want to arbitrate.
  2. Thanks - I thought it was 5 years as a signed contract. Now I know.
  3. I have a LendingClub loan. They have Promissory Notes that are electronically filled out when the loan is approved & you accept the funds with no blank spots. I downloaded mine before they took away my online access to the account so I'd have the arbitration clause, etc. I'd think that if LendingClub gave them all the documentation, they'd be able to access it easily enough.
  4. I think so. It's been a long time since I applied for any credit, so they still had my employer name as it was about 20 years ago. Then, with the sale, it changed. This is the 3rd name change - so, they had original, did not get the 1st rebranding, then they picked up the 2nd rebranding. The sale was from UPS to a lesser known company in Canada, so I'm fairly sure UPS reported it. No one else would have known, and it's only been a few months since the sale.
  5. Maybe that's how they decided to sue me on one acct. I haven't changed jobs, but my employer was sold by one holding company to another and they rebranded us. That was updated on my credit report, so maybe it looked like I got a new job?
  6. I have one that I'm paying on too. Plus this one that went to court and 2 more that are just sitting there. I guess I got to be the lucky one who had to go to court.
  7. I'd love to know how they decide what accounts to file suit on. I have other accounts with them - one for a lesser amount & one for a higher amount. I got the pre-legal letter - same as attached here. Decided I'd wait for the letter from a lawyer and ended up being served in about 2 months with no other contact. Another person in court was sued for two accounts in one suit, so it's not like they couldn't have tried to combine all 3. I can't make sense of how they work.
  8. Thank you. As usual, I was overthinking it. I'll keep it simple.
  9. When I received the pre-legal, they filed suit about 2 months later. Same original creditor. I went to court last week - I filed a motion to compel arbitration and it was granted. That's one strategy you could use. There's an arbitration page on this site that's invaluable if you want to do that. This is the second case where I've used that option. The first one is settling now for $0 payment in exchange for a mutual dismissal with prejudice. After court, the attorney implied that they were always willing to negotiate and settle, and pointed out that they would accept monthly payments, etc. Credit One does have an exception to the arbitration clause for small claims courts. I'm in Virginia, so it wouldn't apply because lawyers can't represent anyone but themselves in small claims here. I don't know how it works in SC. If that's the case, you could file for arbitration now before it gets to small claims. You could also just ask Midland if they would accept a reasonable settlement if you can afford that. Some people on this site have had good luck settling with various JDB's for about 30% of what's owed. It wouldn't hurt to point out in the settlement that arbitration is an option for you. I got the impression last week that Midland does not want to go down that road if they can avoid it.
  10. Update, but should I start a new thread? or continue this one? I went to court last week with a different JDB that's frequently mentioned on this forum - starts with M. It was super easy this time. I didn't bother with a long MTC. I tried the court's preprinted Motions form by filling in one block that said what I wanted per the attached card agreement and another block with the reasons: 4 reasons condensed into 6 lines. Then, attached a copy of the agreement with the notarized affidavit. The judge had seen the motion already, so he knew what I wanted - I agreed that was what I was asking for. The attorney tried to use the small claims court exception even though it wasn't small claims. The judge disagreed, said I had a right to what I was asking for and the case law supported, then granted my MTC. I said a lot of Yes Sirs & Thank You's - that was about it. Attorney wanted to speak in the hallway - he was very nice, but went through the whole it's expensive thing, the JDB will be willing to negotiate, allow monthly payments, etc. I just nodded and took his card. I have 4 small-ish accts with this JDB that total under 10K, one is in monthly installments because I hadn't figured this arbitration thing out yet. So, what do you guys think? Am I missing a different option? Option 1: Go for the mutual dismissal with prejudice with a $0 settlement on this one and wait for the rest to go to court. Option 2: Try to get them to settle for a very low amount on all 4 to get the mutual dismissal. This could trigger them to combine the 3 (a little over 6K) into a single case to make arbitration more cost effective? I know the 3 that are outstanding have good arbitration clauses. I'm not sure about the one I'm paying on, but that's kind of beside the point at this time. Possible FDCPA violations - 2 very different examples of this one: "Any language or symbol on the envelope that indicates the communication concerns debt collection" Fairly minor symbols on many envelopes near the postmark and a full return address with JDB name that wasn't fully covered by a sticker when they mailed me the lawsuit paperwork. If you know what this company does, you'd know what was in side. I could tell who it was coming from by my daily USPS email that shows my inbound mail.
  11. Good luck! Virginia courts made it a little easier for me. There's an initial hearing date to see if a trial date will be set. Most people don't show, or they're not prepared with a "good-faith" defense, so the judgement is granted. However, if you do convince the judge to set a trial date, they then set dates for the plaintiff to submit their evidence and another date for the defendant to submit their reply. The MTC has kept me at the initial hearing date phase with many continuances, so my paperwork has been very simple. Pretty much just the MTC & contract/agreement.
  12. Yes - it was Velocity. I've only settled with OCs - not many, but every one of them sent me a 1099.
  13. They did not want to go to arbitration, so after a year of continuances, they send me a settlement for $0 in exchange for mutual dismissal with prejudice. They offered to settle for 55% of the loan amount several times - I just kept saying I wanted to arbitrate until the last time. For the last time, it was after a court date where the judge basically said they needed to move forward on the arbitration or he would dismiss it at the next court date. Maybe I could have countered with the standard 30% earlier and they would have accepted. This was my first try with arbitration and wanted to see it through to the end just to see how it would go.
  14. My anxiety is weird. I've never medicated for it and don't plan to - not that I'm against it. It's just not for me. My son has severe anxiety and he does see a doctor for it, which I fully support and encourage. With court, I've been plenty of times for non-civil matters - traffic court, friends & family having criminal matters. I interned in IT for our state Supreme Court when I was in college. It's not a foreign world. I'm calm about the whole thing the day before, night before, morning of, walking into the courthouse - until I sit down. Then my heart starts to pound like crazy, I do the deep breathing thing to try to slow it down, and it works somewhat after sitting there listening to everything for the hour or so it usually takes for them to get to the current cases. I get a little calmer when it's finally my turn, strangely enough, but don't fully come back to normal until it's done. Because I've been this way forever, it doesn't make me shut up - it makes me slightly over-aggressive. Sometimes that's a good thing, sometimes not so much. It's mostly just a very unpleasant feeling. It's actually been the worst part of the whole experience. I'm sharing because I know a lot of people have anxiety. Don't let it stop you. I have another question for you guys. If there is a dismissal with prejudice with a settlement letter for $0, does that mean they get to send me a tax form for the original balance plus court fees?
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