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cedric_86 last won the day on April 13 2020

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  1. That makes sense. It has a zero balance. It never appeared on the report before. They transferred it in 2017, so how it appeared in 2020, I don't get that.
  2. I believe I've missed the deadline to file the appeal. He granted the summary judgement in July. The original creditor was Barclay Card. I was sued by Unifund in January. From what others have said on here, the arb clause was good, but the judge was an idiot. I have a previous thread on here about being sued by Unifund in Indiana.
  3. No. Basically, the judge was an idiot. His reason for denying the MTC was because the plaintiff chose to sue. I tried to do Motion to Correct Error. Judge said the same thing. I just didn't feel like I had the knowledge to do an appeal by myself and I'm in the middle of trying to purchase a house. But trust me, I really wanted to fight it. Now, I just need to know what happens next. One of the 1st companies that the account was transferred to has now appeared on my credit report (although it says account was transferred). It's not even the last company that the account was transferred to. I want that gone.
  4. Ok. The company reporting is one of the first companies that bought the debt. Not even the last one that the account was transferred to. So, if they do not own it, how can they report on it? Unifund hasn't communicated with me at all since the court case, so I'm not sure if they are to communicate with me or file something else in the courts. Or, does the Summary Judgement become enforceable just by being granted?
  5. I'm posting here as I was advised to keep everything in the same thread instead of creating a new thread. Sorry in advance for so many questions. Does anyone know what happens after the plaintiff's summary judgement is granted? Is there another step, that either I or Unifund has to take? I haven't heard from them. Should I expect something from the court other than their MSJ was granted? I've never been in this situation. Because I lost the case, is it too late to try to settle with Unifund? Do, I pay the judgement or not, since it won't help the credit score? I noticed after the court case that a new creditor has appeared on my credit report. Apparently, it's one of the 1st companies that Barclay (OC) sold the account to (First Bank & Trust). I never had anything on my report from any company regarding that Barclay card. FB&T show a zero balance, and state the account was transferred. I sent debt validation letters (different addresses on different reports), and we'll see what they say. I don't know if they have the right to report anything or if this is any type of violation. (I'm still mad at Unifund and wish I could get back at them
  6. I had an idiot judge who denied my MTC because he states the Plaintiff (Unifund) sued in court. He granted their MSJ in July. I haven't heard anything from Unifund or court. Since then another company has showed up on my credit report that transferred account to Unifund. What happens next? I am currently in process to purchase home (which is why I didn't have time to appeal) and have already gone thru the pre-approval process. I don't want any surprises. How long after MSJ should I hear from someone. Or what's my next step of action?
  7. What makes it worse is now I have a collection on my credit report opened about the same time. It doesn't say Unifund, but I'm sure it's them. It's Mercury or something but has 0 balance and says debt was sold or transferred.
  8. I agree, that it seems like a waste of time because you get the same judge. My thought was that it would buy me time to see to decide on if I wanted to file the appeal or not with the $250 filing fee. I wonder if it would work, because the judge may feel whether it goes to arbitration or not, the outcome would be the same. At least that's how my Legalshield attorney feels. So, I didn't want to waste the money. You almost make it sound easy (with the cut/paste). I think when I saw the part about the brief and contents, it seemed overwhelming. I wouldn't mind attempting it if I had some help. I really wanna stick it to the man. LOL
  9. Thanks for the well wishes. But, boy does the fighter in me want to keep fighting. I was hoping a lawyer could at least help me get started, but no takers.
  10. Ok, the Motion to Correct Error was denied. The judge gave the same reason: Plaintiff elected to bring suit in your jurisdiction rather than arbitrate per the card agreement. It still doesn't make sense to me. Unifund never even filed a response to counter the motion. I'm quite sure the judge and Unifund are in cahoots. Like I stated before, this judge's reputation preceeds him. Once I saw his name assigned the case, I didn't think it would go good. Although, I would like to fight this just on principle, I think I'm done. It costs $250 to file an appeal. I don't have the time or skills to do that filing by myself with briefs and all that and I'm in the middle of purchasing a home. No lawyer (I have LegalShield so there would be a discount) will assist me because it would cost more to represent me than the amount owed. So again, I say thanks for all your help. @BV80 @Brotherskeeper @fisthardcheese
  11. @fisthardcheese @Brotherskeeper @BV80 I want to thank you all again. You have been kind and patient with me. I got down to the wire, but I got it in there. I had a eye doctor appointment and took my laptop to finish it up and get it uploaded by the deadline. I was in the chair with my eyes dialated trying to see enough to hit submit. I got it in with 1 min. to spare. LOL It's a good thing this isn't a paper due for college, because with all the copying/pasting, I would definitely be thrown out for plagerism. LOL So, I thank you all for your words, explanations, and research that made it into this motion.
  12. I saw your suggestion in time to make the changes. I just realized 2 things. I didn't attach the Card Agreement when I efiled this. I guess I figured, they already had it. I added the changes to the motion, but realized it was a different card agreement and the pages are different. The one submitted with the MTC covered periods thru 2017, which about when the default occured. The other card agreement I downloaded from Barclay's site ending in 2019, so the page numbers are off. I'm thinking I could just go and add the attachment, but I don't want to change the document. So, does it matter which agreement I submit as the attachment to the motion? @Brotherskeeper @BV80 can either suggest how I can remedy this mistake? Would I need to submit the card agreement (which one)? Do I need to submit the AAA rules since I reference it, although they were submitted before?
  13. Hey guys, After much toil I have finally finished my Motion to Correct Error (Ind. TR 59). I was not sure this was the proper code to use of Ind. TR 60 because there is a final judgement. I would be grateful for any and all who can look over, make suggestions, or give feedback, As you can tell, I do not know what I am doing. LOL. Today is the deadline, so I will file shortly. Thanks to all for all of your help thus far. @BV80 @Brotherskeeper @fisthardcheese Motion to Correct Error-redacted.pdf
  14. Thanks. They did not sue in small claims court (which is under 6K in Indiana - the debt was only 2k), but they sued in district court.
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