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Bulldoger

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Everything posted by Bulldoger

  1. Doesn't really matter as they are both 6 years. But the key is this to the extent not preempted, without regard to any principle of conflicts of laws that would require or permit the application of the laws of any other jurisdiction. It depends if state preempts it.
  2. Shadow99 be aware that in Virginia Promissory Notes have 6 years SOL not the 3 years of open contracts or 5 years signed contracts, § 8.3A-118. Statute of limitations. (a) Except as provided in subsection (e), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date.
  3. Plaintiff (filed case in what court small claims or district) They Won Court appointed arbitration (not contractual AAA or JAMS)and you appeal decision for a Trial de Novo in a higher court? Correct. So you are asking the court that prevailing party pay losing party fees.
  4. would this be under a request for sanctions as the case was not heard on the merits.
  5. Thanks for sharing, I feel a lawsuit from MCM heading my way, I will be checking that they actually filed what they say they filed.
  6. Since this is now well pass the 4 yrs SOL it's as good as a dismissal with prejudice. Tell your Mom it's over.
  7. I suggest OP try first to settle with Discover for 40% before the being served. She can call Discover to find out what law firm has the case and see what they are offering. Discover usually settles for 50% set that as a goal if offered take it. If they don't agree on that file arbitration and hold out for 40% settle on 50%. Only way I suggest an attorney if they agree to do it on commission of keeping anything less than 50%.
  8. Actually it can be short as 8 days in N.C. court date can be set as soon as 10 days after service of MSJ and response has to be 2 days before court date. 10-2 = 8
  9. It's hard to type sarcasm 😁
  10. In that case I will request they remove all my collections.
  11. https://www.experian.com/blogs/ask-experian/is-employment-listed-in-your-credit-report/
  12. How do you remove it when it's correct?
  13. I think section (f) applies here so you you should cite it in your motion also. 2019 North Carolina General Statutes Chapter 1 - Civil Procedure Article 45C - Revised Uniform Arbitration Act. § 1-569.7 - Motion to compel or stay arbitration. Universal Citation: NC Gen Stat § 1-569.7 (2019) 1-569.7. Motion to compel or stay arbitration. (a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appeal or does not oppose the motion, the court shall order the parties to arbitrate; and (2) If the refusing party opposes the motion, the court shall proceed summarily to decide the issue and order the parties to arbitrate unless it finds that there is no enforceable agreement to arbitrate. (b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, it shall order the parties to arbitrate. (c) If the court finds that there is no enforceable agreement to arbitrate, it shall not, pursuant to subsection (a) or (b) of this section, order the parties to arbitrate. (d) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or because grounds for the claim have not been established. (e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in a court, a motion under this section shall be made in that court. Otherwise a motion under this section may be made in any court as provided in G.S. 1-569.27. (f) If a party makes a motion to the court to order arbitration, the court on just terms shall stay any judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section. (g) If the court orders arbitration, the court on just terms shall stay any judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, the court may limit the stay to that claim. (1973, c. 676, s. 1; 2003-345, s. 2.)
  14. I have 8 accts with MCM 5 are way past SOL came off my reports back in 2012s. I have 3 active accounts One was bought from Capital-one no Arb clause. I got on a make my own plan online 5 years of payment full balance $6350. At the time I didn't think I could win in court and didn't want a suit. They then sent me pre legal letters on other debts. IDK if they are happy with getting the 6K and are willing to let the other 6k in two debts go or are waiting for me to get on full payment plan on those account all by myself. Those have arb clauses so that's not happening. Sometime probably in two years when I retire I will stop payments and fight the what is left of the 6K in district court as I will be judgement proof at that time so I can't lose even if I lose.
  15. Just a note I got same letter on two debts , been waiting almost a year and still no suit. You can go to their website enter acct info and select document folder it will show what they have on debt. Mine show year statements, good-bye letters. I have never answered phone and the keep sending me settlement offers for 90 percent which I toss in trash. I am ready for suit an kinda upset they haven't filed. They can tell from my credit report I am employed and and garishable. I will continue to wait and if they don't file by SOL I am o.k. with that. If they file I am ready for that also.
  16. Thanks for your reply actually OP wrote that part I edited part where OP admitted MCM owned the debt but since he was acknowledging that he had a contract with OC and not MCM I thought it was o.k. but you make a good argument and I like your wording better.
  17. what about something like this: Objection to Plaintiff's Motion for Summary Judgment. Now comes Defendant, XXXXXX YYYYY , pro se, in Objection to Plaintiff's Motion for Summary Judgment. This action arises from a credit card obtained by (Defendant) from the Original Creditor Citibank N. A. allegedly sold to, purchased by, and/or bought by Midland Credit Management (Plaintiff) per Plaintiff’s claim on or around March XX, 2021. The governing Credit Card agreement contains comprehensive arbitration agreement allowing individual arbitration of any disputes arising out of or related to the account. Defendant filed a Motion to Compel Arbitration on (date). A hearing on said motion was held on (date) wherein Plaintiff expressly agreed to arbitrate. North Carolina public policy strongly favors the resolution of disputes through arbitration (see Miller v. Two State Constr. Co., 455 S.E.2d 678, 680-81 (N.C. Ct. App. 1995)). The North Carolina Revised Uniform Arbitration Act (NCRUAA), governs domestic arbitration (N.C.G.S. §§ 1-569.1 to 1-569.31). When deciding an application to stay or compel arbitration, North Carolina courts do not rule on the merits of the claims underlying the arbitration. Instead, the court plays a gatekeeping role that is limited to determining substantive arbitrability issues, which include issues of the arbitration agreement’s: (N.C.G.S. § 1-569.6(b); see Emmanuel African Methodist Episcopal Church v. Reynolds Const. Co., Inc., 718 S.E. 2d 201, 203 (N.C. Ct. App. 2011); Jeffers v. D’Alessandro, 681 S.E.2d 405, 415 (N.C. Ct. App. 2009).) In North Carolina, the court determines the validity of an arbitration agreement itself, while the arbitrator determines the validity and enforceability of the agreement containing an arbitration provision (N.C.G.S. § 1-569.6(b) and (c)). In considering whether the parties’ arbitration agreement is valid, the court applies general principles of North Carolina contract law (see T.M.C.S., 780 S.E.2d at 597; Brown v. Centex Corp., 615 S.E.2d 86, 89 (N.C. Ct. App. 2005)). Because of North Carolina’s strong public policy in favor of arbitration, North Carolina courts must resolve any doubt concerning the existence of a valid arbitration agreement in favor of arbitration. Where there is no dispute over the existence or validity of an arbitration agreement, the court must compel the parties to arbitrate. (See Revels v. Miss N.C. Pageant Org., Inc., 627 S.E.2d 280, 283-84 (N.C. Ct. App. 2006).) The court must compel the parties to arbitrate if either: The other party does not oppose the motion to compel arbitration. The court grants the motion to compel arbitration. (N.C.G.S. § 1-569.7(a).) Plaintiff's motion for summary judgement falls outside courts jurisdiction. The court plays a gatekeeping role that is limited to determining substantive arbitrability issues. Since Plaintiff agreed to arbitrate during hearing on Defendants motion to compel arbitration their filing of Motion for Summary Judgement is improper as it applies to the merits of the case which is beyond the gatekeeping role of this court. Defendant has filed application with AAA pursuant to the Credit Card Agreement on (date). WHEREFORE, Defendant moves this Honorable Court to formally stay proceedings pending contractual arbitration with AAA and to dismiss Plaintiff’s Motion for Summary Judgement due to courts lacking of jurisdiction over the merits. Is an affidavit required since OP is stating what happen during trial?
  18. Key22, We can't answer what you need to do until you post Redacted Motion for Summary Judgement, You say your MTC was delayed to next month. In MSJ what are MCM "facts" regarding your MTC, is MCM saying it was denied. Are they arguing that you have done Discovery and time for Arbitration has passed and should be denied and there is no reason for trial? Is the motion completely based on the merits of the case bill of sale, statements, admissions. At this point I can only suggest you make a legal argument with case law if possible against each of their statements of fact and find out how many days before court the Judge expects to see your response MSJ make sure your respond is filed in time.
  19. Can you copy this post to a separate new post with information on you case see below. This one was started by butterfly1 and has a different contract than yours. Will help keep both your cases separated as her MTC was granted. It would be helpful if you post a redacted copy of the Summary Judgement it's important to know what they are saying is the facts in the case and why Summary Judgement is in order in order to help you respond.
  20. No you can't have it removed. It will remove seven years from the first missed payment that lead to the charge off. The statute of limitations SOL for your card is 4 years plus 90 days trolling due to COVID. Depending on last activity you maybe past the SOL. Chase has given out really low settlement offers to members here after the SOL has past. Only way you will have it removed before the 7 years is a pay to delete with Chase.
  21. "I guess my police report and notice letter to the director must have had some effect." Once a long time ago back when cellphones were analog I had a collection appear on my credit card from ATT. I called ATT number on my credit report. I told them I owe nothing I had settled account with partial lump for payment in full. They said that was just a payment I still owed the rest. There was no google at the time but with WebCrawler and AOL I manage to get the CEO of ATT direct phone number. I called and the secretary answered phone. I didn't get to talk to CEO but I gave the secretary the story and I had a record of my payment but nothing in writing that it was for payment in full. I said that was what I and person on phone taking my checking account information agreed. I said why would I pay such a large payment if it wasn't for full payment. I faxed my payment information (bank statement and my credit reports showing the account being remove after the payment. I don't know if it would have been corrected faster if I had actually reach the CEO himself. I got call next day apologizing from regional manager and that account had been marked paid and request to remove from credit report issued. The motto of the story get it in writing and file it, and it pays to go to the top or higher ups. BTW shortly thereafter the phone number was removed from the site I found.
  22. Nice letter but Scoresense is just one of the many credit scam sites owned by One Technologies, LLC Parent company 8144 Walnut Hill Lane Suite 600 Dallas, TX 75231-4388 Scoresense 945 Mckinney st Houston, TX 77002 All their sites ScoreSense.com FreeScoreOnline.com FreeScore360.com NationalCreditReport.com 3-BureauCreditScores.com 3-BureauMonitoring.com 3-bureau-number.com 3cheapcreditscores.com 3-Free-Credit-Scores.com 3freecreditscores.info 3scorecheck.us Amazing-CreditScores.com amazing-credit-scores.net best-scores.com checkmycreditnow.us checkyourcredit.us checkyourcredit.us checkyourcredit.us creditscorecard.info creditscorecard.us creditscoresok.co creditscoresok.com creditscoresok.net creditscoresok.us creditscoresstore.com creditwins.com FastReview.us freescorecheck360.us fs360.co getcreditscores.us gettriplescores.com ScoreCheck.net scores-n-reports.us totalcreditdetection.com totalcreditdetection.net totalIDdetection.com totalIDdetection.net triple-scores.com triple-scores.net triplescoretoday.com trytriplescores.com whats-your-score.com whatsyourscore.net Your-Credit-Check.com YourCreditScoreIsWaitingForYou.com YourFree3B.com YourFreeScore360.com YourScoreCheck.com Your-Score-Check.com Seems just complaining to BBB gets results also. https://www.bbb.org/us/tx/dallas/profile/internet-marketing-services/one-technologies-llc-0875-90008571
  23. What a bunch of crap, they got it 100 percent backwards. Call your card file a charge back. If that doesn't work file a police report in office location if they are located in USA.
  24. ditto PRA owns my charge-off TJ-Max card so I to am following
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