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Everything posted by alwayswinning36

  1. Do you not know when the actual last payment date was, or date of delinquency on the account? Just because the petition they filed says Feb of 19, doesn't mean it was so. Had your phone number changed since you opened that account? Had you received phone calls to your phone (cellular) which DID NOT have the same number BEFORE your account went delinquent?
  2. Authorized user, reaps the benefits of the on-time payments and "good" credit relating to that card. But also has the burden of dealing with the "bad" credit if it is unpaid. Having yourself removed from that account will undoubtedly cause a little hiccup at the very least in your credit score. Other than that, it could prevent you from buying a home, and it might not. I suppose it would all come down to the debt-to-credit, and/or debt-to-income ratios.
  3. True. It wont help your credit score that's for sure to pay anything now.
  4. You should know if or when you are being sued by the lender. They will have to serve you through means that are legal in order to sue you.
  5. Sounds like they are treating whatever request you made as a dispute. Are you being sued for the debt?
  6. How are you sure due to size? As long as they have at least 50 employees within a 75 mile radius they are required to follow the FMLA, so long as you have a.) worked there for at least one year, and b.) worked at least 1250 hours. Of course, that would only provide you with a certain amount of unpaid leave anyway. But even if FMLA doesn't apply, the ADA may. Might be something worth speaking to an attorney near you about, free consultation.
  7. 60% lump sum is what they countered with, or 60% paid in payments? Honestly doesn't sound too bad, 60% of 13k, its not much more really than you planned to settle with to begin with. If they will take payments, give them the 5k you can now and pay off the other 2800.
  8. Please. If you have any legal experience at all, the ONLY appearance you are going to make in court in a debt claim is filing your answer and/or counter claims. And that will be all. You are an absolute dumbass.
  9. So you are telling this person here for advice to not get sank in court to offer to settle. I assume he or she is smart enough not to say things like "I haven't paid the payments because", or "I know the account is mine but I don't have the money". Making admissions of the debt, contacting the debt collector, etc all can restart the entire clock in some states on the collection process itself. I don't know about anyone else here but I wouldn't leave something I said or wrote up to someone else to be deemed admissions.
  10. Who said anything about discovery or filing motions? Getting ahead of ourselves aren't we, as usual? Perhaps, and this may just be me, you should stop and read what you actually read, before you fire up your fingers to type any answer? Don't ad-lib, don't paraphrase, read what is there to be read and then answer or quote. Nobody mentioned a damn thing about filing anything in advance. If he has any claims regarding FDCPA or any other claim he could counter with, he is very well fine and free to reach out to the Plaintiffs attorney and make that known.
  11. I had a similar situation with LVNV. Except they used a different law firm and filed in Texas. I filed a motion to compel, they received it and sent me an email saying they don't have to arbitrate. Back and forth emails for a day or two, then they dismissed it themselves. Have you got any counter claims you could use against them? If so, dismissal should be fairly easy to get.
  12. Depending on your state, you could be in trouble. You could be charged with debit/credit card abuse. The charge itself, in Texas at least is a little misleading. You'd think it would be fraud, but here at least it is not. The bottom line is, that the card wasn't yours to use and you weren't authorized to use it. If you give your mom back the $25, and she still reports it to the bank or credit card company to get the $25 back from them for the charge, the bank could possibly prosecute you themselves. I am not quite sure about that, though.
  13. Well now what are you saying they don't have the "right information" to sue you? Before you get all excited, the amount you could get on your own with a successful FDCPA claim if you win is $1,000.00. You won't get attorney fees, if you don't have an attorney handle that part of it. You say they allege you owe $3k or over that, so 3k minus 1k leaves 2k they could still collect from you. Having the incorrect amount they are suing for, as others have said, they can always amend their complaint to get that part right and add or deduct amounts as necessary. And personally I would consult an attorney for the FDCPA issue. The more costly it could be for them to pay the amount plus fees the better off you will be.
  14. FDCPA claim is not a defense at all to a debt case. That would be something you would counter sue the plaintiff for. If you feel it is a legit claim, reach out to the attorney for the plaintiff and convey your desire to counter sue for the alleged violation. The chances are great that if there is merit to your claim they may dismiss your case. I am not saying they certainly will, but I have in my experience gotten cases dismissed on that basis. And in Texas, they cannot file for less than the amount owed just to forego filing in district court, however, the debt you mentioned is well within the jurisdiction limits of Texas Small Claims as the limit is $20,000.
  15. If they are wanting you to agree to the settlement by January 22nd, I would assume myself that means agree. The terms of the settlement will be contained in the agreement most likely. They could email you the settlement for you to review to be sure, however. Why not ask them to email it to you? If you have not been served yet, then either a case has not been filed against you, or it has been filed and you simply have not been served yet. If they do not have the address to serve you at, I would not provide it to them. You aren't obligated to provide them with those means. That said however, there are alternative service methods, which would enable them to satisfy service in court apart from not knowing where you are to physically serve you.
  16. A lawyer told you not to do that? Little tip, most attorneys, specifically debt collection will always urge you NOT to do things you want to do or think may help you. Reason being; they want your business. I would suggest reading up on the rules of civil procedure in your state. Finding out how your court requires things be done. Almost every debt collection attorney will tell you that debt cases are usually pretty clear whos debt it is as it was filed against you. They will all tell you "unless you can prove it isn't your debt", and they all want to charge a pretty hefty fee ($500+ usually) to "negotiate" an agreed judgment. I am sure someone with experience in Florida will reply to you soon to help you further as I know this isn't really much help to you. @Clydesmomand @fisthardcheeseI believe are the intelligent folks in the way of procedures in Florida. Maybe they will chime in soon.
  17. What kind of FDCPA violations do you think have been committed? About the only way any FDCPA violation would help you is either a.) you file your own suit, or counter sue the JDB, or b.) use it as leverage to try and get the matter presently in court dismissed.
  18. Well only way to know for sure is get the document and send it in. Worst that could happen is they ask what it is. I would send it in - if it were me. And you're welcome.
  19. I am not 100% (I am not an attorney), but I would imagine you would write it up as a motion to dismiss, then state the facts just as you would any other filing. Cite that the debt buyer did not fulfill its obligations/duties/rights under the court order for arbitration and you are seeking for dismissal with prejudice. The proposed order will say something to the affect of ORDER OF DISMISSAL, and state on such and such date came to be heard this matter and the court orders this case to be _dismissed with prejudice or _dismissed without prejudice. And then have a spot for the Judge to sign the order.
  20. First of all, Congratulations on your awarded arbitration. Now it is up to PRA to either fulfill their "rights" under that, or just call it a wash. Either way, make sure you keep everything relating to this matter. You never know if PRA will try to file again against you, if they have time under the statute of limitations. But if they do, just repeat process. What they are referring to could be the order stating it was dismissed due to arbitration or something of the sort. It should be sufficient, I would think but may want to wait for someone else to chime in on that specifically with knowledge of South Carolina courts. I apologize for my late reply, I was out on the road working. I am glad you were able to get the desired outcome, though.
  21. Then what is the legal name they are registered under? Discover Bank, yields nothing with the Texas Secretary of State directory. If they were registered, using the name Discover Bank, it would yield the result and display the address as well as the registered agent. In this case it does not.
  22. @texasbbj@Clydesmom Discover Bank doesnt exist in Texas, or at least isn't registered as Discover Bank with the Texas Secretary of State. This COULD mean they can't assert any claims or do anything other than defend themselves if they are sued in Texas. I am not sure about this, though. I do know I once was going to sue someone not registered in this state and was told they couldn't assert any claims or do anything other than defend themselves if I sued them. I did just check with SOS direct in Texas, Discover Bank pulls up nothing. Says "there are no records that match your inquiry." Also, it says they won't try to force arbitration if YOU file in small claims but doesn't say anything about them filing anywhere against you. That seems one sided. Some states would throw their case out simply for having the word "bank" in their name, when they don't operate a banking location or branch in said state. So something you might want to ask an attorney about. Under the Governing Law of Discover agreement it states: "This Agreement is governed by applicable federal law and by Delaware law. However, in the event you default and we file a lawsuit to recover funds loaned to you, the statute of limitations of the state where the lawsuit is filed will apply, without regard to that state’s conflicts of laws principles or its “borrowing statute.” If you are able you should really contact an attorney @texasbbj, at least for a simple consultation. Preferably one in the area you reside or are being sued.
  23. Usually if you enter a settlement, it will contain language, something to the affect of you waiving or agreeing to release any and all claims against whoever you settle with. Have they offered to settle with you? Mind you my experience with settlements are when I have sued or threatened to sue someone and received a settlement from that party. I have never received or been involved in a debt settlement. Always only had dismissals with those.
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