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Bulldoger

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Bulldoger last won the day on September 11

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  1. Florida cases demonstrate that a party’s right to arbitrate can be waived. In Bared and Co., Inc. v. Specialty Maintenance and Construction, Inc., 610 So.2d 1 (Fla. 2d DCA 1992), the Second DCA held that the defendant waived its right to arbitration when it filed an answer and a cross-claim without raising the arbitration issue. Similarly, in Breckenridge v. Farber, 640 So.2d 208 (Fla. 4th DCA 1994), the Fourth DCA found waiver where the defendant answered without demanding arbitration. Thus, it is clear under Florida law that even minor participation, such as simply answering a complaint, can lead to waiver of your right to arbitrate a dispute.
  2. The clause is in your credit card agreement if you don't have one you can find copy online at https://www.consumerfinance.gov/credit-cards/agreements/ as for arbitration as a defense read this post Since you only owe $1,054 this is an excellent defense. If you go to MCM site you can enter your MCM acct number and you can see under document tabs all the statements they have on file plus they will also have bill of sale and affidavit from their records keeper not listed. In my opinion if they have a year of statements you be better off going with arbitration and offer to settle for tor arbitration filing fee of $200 which would cover their $175 filing fee they may just walk away then as they are breaking even.
  3. It's looking good, they are just making you go through the steps you know how this will all end in the long run.
  4. I am wondering if there is a way you can specify they don't send a 1099-C or is that a law and they have to send one?
  5. Your defense was SOL and arbitration was your backup if for any reason Judge ruled against the motion to dismiss. Your SOL was a very solid defense and the lawyer took advantage of you by agreeing to arbitration knowing the SOL had passed and they could be sued buy you for $1000 plus your attorney fees if judge ruled on your motion. So your SOL was never hear and the attorney got JDB out of paying $1000 and your attorney fees and also bought some time (6 months). Time to get settlement, time to get a payment from you to restart SOL period. Note the date the lawyer dismissed case. Va. Code § 8.01-229(E)(3), creates the familiar “6 month savings period.” Basically, if you dismiss your lawsuit without prejudice after the statute of limitations has run, you get 6 months from the date of the entry of the order of dismissal to refile your action. It appears you have filed with AAA. Did you complaint in the AAA case you filed state that the JDB was attempting to pursue a debt passed the SOL. The important thing now is not to settle for any amount. Do not make a payment. Now you just want to wait it out and see if they pay fees ( I don't think they will pay fees as that could put them again in position for a counter claims by you for $1000 ). Keep letter from AAA about how case was ended due to JDB not paying fees. You can use this in case they refile in six months (unlikely). "but more so to get their case back into court. How should I proceed if they sue me again?" Best thing that can happen, refile your Grounds of Defense and motion to dismiss SOL. Ask judge to rule on motion to dismiss take the order to any consumer attorney and say can you get me $1000. They will say sure have a seat thank you coming in today. Once 6 months have passed from the date of dismissal (found on virginia court systems online https://eapps.courts.state.va.us/gdcourts/captchaVerification.do?landing=landing ) your definitely good to go. They can't sue you after 6 months until then keep a close eye on the court docket search your name see if case has been filed don't rely on being served JDB have been know to fake service to get default judgement. I had that done to me and I didn't find out until HR told me they were trying to garnish my wages. My advice is to lay low don't contact JDB about settling just wait it out. Your SOL had passed before the original case was filed I don't see them opening up your can of worms again. Now it's up to you not to fall for any of their tricks that would restart your SOL.
  6. What is happening with the lawsuit in VA court? If it was dismissed they can't file as it's definitely passed the SOL now. Was it dismissed? What happen with the motion to dismiss due to the Statutes of Limitations being over? If the case was stayed and judge gave you a show cause date. You can have the case dismissed for JDB not participating in Arbitration.
  7. IMO, Your Arb clause states they will not pursue their arb fees but AAA may award them if your claim is frivolous (has happen before). I would file MTC but also try to get judge to have them file the case with AAA. In this way you don't have a claim to be found to be frivolous. See Capital One Bank (USA) N.A. v, Rotman, 2012-Ohio-480 for case law to have JDB file with AAA. Whatever JDB has as documents they will have in both court or in arbitration but your odds of getting a better settlement lied in Arbitration.
  8. If you don't respond they can get a default judgement. At minimum file a general denial before the 14 days are up. They require a judgment before they can levy your bank account and a bench trial or summary judgement has to be awarded before they can do that.
  9. The original judgement if you are to have one would be in Texas. Texas allows bank levies so if you have a CA bank account they can levy that account using a court order from a Texas court. I don't see a Texas Court issuing a wage garnishment order because they are not allowed in Texas. But I agree call a couple of debt collection or consumer attorney and find out.
  10. It would be good to provide some type of proof you are living in VA. Did you file income tax. You would have had a Part Year Virginia tax form. Are you renting affidavit from land lord. Purchase receipt from local merchant older the better. I don't know if email service includes ISP location. Did you open any local accounts?
  11. I agree, I am not attorney or professional negotiator. Here is how I see it, MCM has not sued (no attorney cost). I would not put in a settlement offer at this point as you may get the whole debt forgiven by MCM or they may reply with a lower number than $800. Just state your in hardship and would like the debt to be forgiven an see what happens I got 25% and my jdb case was in court. They may ask for 0-25%.
  12. It doesn't matter who has the mortgage, The bank will protect it's interest they will not lose their security of the house covering the mortgage for a few thousand dollars.
  13. "I’m not denying the claim " Why not were you part of the purchase between Credit One Bank and MCM are you 100 percent sure they bought your account? That said I never seen a second notice pre legal notification with wording that says if you don't setup a payment plan they will continue prelegal process. At this point I would back burner MCM pre notices and concentrate on your PRA case ..They have sued and MCM is just using scare tactic for now they are not threat.
  14. Credit one bank has arbitration clause but it contains small court clause "Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case." Unfortunately, SC has Magistrates Court a.k.a. small claims which allow attorneys. So arbitration is not an option. Buy your dealing with a debt buyer they still have to prove they own the debt and may not have the proof.
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