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Everything posted by GGLorox

  1. Thank you for the advice on the counterclaim. I really hope they leave my case alone!
  2. Yeah, it makes sense that the lawyer was trying to avoid a lawsuit for an FDCPA violation, so they nonsuited. I will refuse any settlement offer and keep an eye on any pending case from this lawyer. Thank you very much!
  3. Regarding the lawsuit, after I submitted my motion to dismiss due to SOL and my grounds of defense, which included arbitration and SOL, the lawyer dismissed my case (without prejudice) agreeing to arbitration. My SOL motion was never heard by the judge. I wasn’t able to file an MTC because the lawyer dismissed the case before I had the chance.
  4. So it looks like the JDB is refusing to comply with AAA consumer arbitration rules and pay its filling fees. AAA sent a letter in September requesting the JDB to “submit their current or proposed consumer agreements to the AAA for review and inclusion on the Consumer Clause Registry,” which costs $500. AAA also asked that the JDB waive a provision in the arbitration contract because it violates one of their protocols and to pay a fee of over $3000. The waiver and payment that was due October 7th wasn’t received so AAA sent another letter giving the JDB a second chance to comply with their request. They have until October 22nd to do so before AAA decides to close my case. I don’t think they’ll go through the arbitration process not because it’s 3x more costly for them so it’s better to settle, but more so to get their case back into court. How should I proceed if they sue me again?
  5. @Bulldoger Thank you so much for correcting my motion and providing those templates! You've been very helpful!
  6. GROUNDS OF DEFENSE Defendant states as follows: 1. Statute of limitations had expired at time of filing. a. Pursuant to Va. Code § 8.01-246(4) and the Cardholder Agreement (Agreement, Exhibit B) statute of limitations for the debt began 1/5/2018 and ended 5/11/2021. Plaintiff filed claim on 5/12/2021. 2. Improper venue, Defendant elects private arbitration per contract. a. Defendant moves this court to compel binding Arbitration based on the terms and conditions of the Cardholder Agreement (Exhibit B, Page 6). 7/XX/2021 ___________________________, Defendant
  7. Okay I found a rough template for a motion to dismiss and used some information from searching on this forum. Please let me know what you think! MOTION TO DISMISS ON GROUNDS OF TIME BARRED NOW COMES Defendant XXXX XXXX (‘DEFENDANT’), appearing Pro Se and hereby moves this court pursuant to Va. Code § 8.01-246(4) a Motion to Dismiss on Grounds of Time Barred. In support of its motion, “DEFENDANT” shows the Court as follows: 1. Plaintiff has failed to produce a signed agreement or contract. 2. Defendant missed payment due 1/4/2018. A late fee of $25 was assessed due to nonpayment (Exhibit A). 3. According to the applicable 2017 Cardholder Agreement, default under this Agreement occurs when a required payment is missed when due (Exhibit B, Page 4, Line 19). 4. Plaintiff waited too long to pursue a cause of action and is therefore time barred from action now. The statute of limitation for action against Defendant began from 1/5/2018 to 05/11/2021, which is before the filing date of Case No. XXXXXXXX submitted on 05/12/2021. 5. Virginia Code 8.01-246(4) Personal actions based on contracts provides: In actions upon (i) any contract that is not otherwise specified and that is in writing and not signed by the party to be charged, or by his agent, or (ii) any unwritten contract, express or implied, within three years. 6. On March 12, 2020, Governor Northam entered Executive Order Number Fifty-One (2020) Declaration of a State of Emergency Due to Novel Coronavirus COVID-19. On March 16, 2020, the Virginia Supreme Court issued a declaration of a judicial emergency in all district and circuit courts of the Commonwealth of Virginia, pursuant to Va. Code § 17.1-330. The Court’s orders effectively suspended all non-essential, non-emergency court proceedings in all circuit and district court and tolled and extended all statutes of limitations and case-related deadlines pursuant to Va. Code § 17.1-330(D). The Supreme Court issued five additional extensions of the Judicial Emergency Order tolling and extending deadlines. On June 22, 2020, the Virginia Supreme Court issued its Sixth Order extending the Declaration of Judicial Emergency in Response to COVID 19. Therein it extended the Judicial Emergency; however, the tolling period was concluded as of July 19, 2020, and not extended. The tolling of deadlines in Virginia was effectively from March 16, 2020-July 19, 2020 (126 days), with computation of time to resume as of July 20, 2020. There are no additional or specific temporary rules extending time limits to serve complaints or special rules relating to methods of service. All statutes of limitation and case-related deadlines are subject to the tolling period March 16, 2020-July 19, 2020 (126 days). WHEREFORE, Defendant requests that Plaintiff’s Complaint be dismissed in its entirely pursuant to Virginia Code 8.01-246(4) and the Cardholder Agreement. Respectfully submitted this day July XX, 2021 NAME ADDRESSS Pro Se
  8. That affidavit was also part of the first lawsuit and I think they moved for summary judgment but the judge didn't accept that and allowed me to argue my case of no standing. It's a different judge so I don't know if they'll allow it again. Okay so I'll file my defense, motion to dismiss, and MTC all at the same time? Should I file with AAA right now to show the court that I'm serious?
  9. This is perfect. Thank you! In my grounds of defense, do I need to go explain how or why these defenses apply or wait until my trial? Should I attach a motion to dismiss and an MTC? Also, do I need to respond point by point to the lawyer's BOP? I've attached a copy of it, and if you don't mind taking a moment of your time, I'd like your (and anyone else's) opinion. I've also attached a copy of the affidavit. Does this mean it's to late for me to challenge it? The lawyer sent me the affidavit 4 months in advance of trial.
  10. I found a 2017 cardholder agreement from the OC online and it says "You will be in default under this Agreement if any of the following events occur: (1) you exceed your assigned credit limit; (2) you fail to make any required payment when due; (3) you die, become insolvent, file a petition in bankruptcy or similar proceeding, or are adjudged bankrupt; (4) you provide any false or misleading financial or biographical information to Credit One Bank; (5) any representation or warranty you make to Credit One Bank is false or breached; (6) a guardian, conservator, receiver, custodian or trustee is appointed for you; (7) you are generally not paying your debts as they become due; (8) the Bank reasonably believes there has been a material adverse change in your financial condition; or (9) you violate any term of this Agreement" My statements say I made my first payment in December. Also, if this SOL defense doesn't work out can I still pursue arbitration? There's this portion in my arbitration agreement that concerns me: "Enforcement, Finality: You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Failure or forbearance to enforce this Arbitration Agreement at any particular time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims." And thank you so much for your help so far.
  11. So the payment I made in December 2017 was returned but because I wasn't aware at the time, I missed the 1/4/18 due date and was charge a late fee on the 1/8/18. Did a 3 year + 126 day freeze SOL start 1/5/2018 end 5/11/2021, 1 day before the lawyer filed? Okay thanks!
  12. What would be a signature equivalent? The lawyer added 5 bills of sale, an affidavit from the OC, and some more of my account statements. There is another affidavit from the Plaintiff acknowledging that the original credit agreement was either lost, destroyed, transferred into digital format, and/or unavailable. And thank you for your response.
  13. I'm happy to hear this. I have a month or so to submit my answer. This is great. Thank you! So the last charge I made was 12/18/17 which would make the statute of limitation date 4/23/2021. There was a credit and some late fees for nonpayment charged to my account after this date, but these don't count right? In my motion should I include the statute BV80 provided (§ 8.01-246(4))? I'm not really good with drafting documents off the top of my head and could really use a template for the motion. I have until September to file my grounds of defense and the lawyer has already sent me his Bill of Particulars. Can I submit my motion to dismiss before my defense to see what happens?
  14. I'll look into Virginia's procedures. Thanks!
  15. This is great news! My debt is a bit over $1000 with attorney's fees and I've read that businesses pay much more in arbitration. My card agreement says I should go through AAA. How do I bring this up in court? My next court date is in November and I have to file my grounds of defense by September. Does SOL start when I last made payment? According to my statements, the first and last payment I made was due 1/4/2018 and it was posted on December 7, 2017. However on December 11th, it was canceled and charged back to my credit card because I typed in the wrong bank information and I was issued a late fee on 1/8/2018. Online, it says the lawsuit was filed 5/12/2021. On my summons, it says it was issued 5/13/2021 and that, according to the Plaintiff, mailed me a copy 5/7/2021. The lawyer was unable to find a signed credit card agreement. Did I meet the 3 year SOL?
  16. My credit card agreement excludes small claims from arbitration. Does anyone happen to know if the statute of limitations for credit card debt in Virginia is 3 or 5 years?
  17. “VP” does sound intimidating but it’s good to know that I don’t have to see it that way. I would really like to challenge the credibility of the affiant as I suspect the person works for the JDB, but the person’s information on the affidavit is suspiciously vague and I need to figure out how to work with that. Thank you for sharing your story and the advice! I will definitely fight back. I am currently working on my Grounds of Defense and will attack the Plaintiff’s standing again because the bills of sale attached do not specify my name or any identifying account information. I would love for the lawsuit to end here but the affidavit(s) may be a problem. And on the affidavit, I was thinking about subpoenaing the affiant’s employment records/resume to challenge his or her credibility, but I have no way of identifying the person from the affidavit to file. All I see is a signature that looks like a single letter, “VP’ as the person’s title, and a date. I don’t know how to go about requesting proper information. Thanks for the advice!
  18. Hello! I am being sued by the same lawyer/JDB in Virginia and could really use some advice. The first lawsuit was dismissed because there was no bill of sale from the original creditor and no bill of sale from the last JDB to the plaintiff. This time around, they were able to provide those documents (still questionable) along with more credit bank statements and an affidavit from someone claiming to be an authorized representative and vice president of C1Bank's collections department with knowledge of how C1Bank handles its business records. I have another affidavit from the JDB/plaintiff also claiming to be “an agent and custodian of the above creditor [C1Bank] and, by reason of my position, have knowledge of how the business records are kept and am authorized to make this declaration.” This affidavit seems iffy to me. It has a signature, “VP” as its title but no name whereas the one from C1Bank has all of that so I can easily confirm the person’s identity. Would it be useful for my case to attack the credibility of the Plaintiff’s affidavit and how?
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