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Everything posted by BrokeBob

  1. Yes, this is terra incognita, butI have posted clear, raw data on this. In three occasions, I have sent in a DV letter with election of arbitration. In one case, the top law debt collection firm in Wisconsin, and one of the very best in the US, walked away from a case. This firm NEVER walks away from a case, but they did after I sent them a DV letter with arbitration. In the other cases, the firms filed anyway. In another case, I filed a number of counter claims, one of which was for suing after election of arbitration. I expect that to be eventually settled. In a few weeks, I will file a MTD on several grounds, one of which will be improper venue. HOWEVER, there are already enough grounds for dismissal even without that. In the third case, I will file a MTD in a few weeks. Even though the motion has not been filed, I already know when it will be heard (in about a month and a half). By that time, I may know if I can get a case dismissed on those grounds. Npw, if I do get a case dismissed on the grounds of pre-suit election of arbitration, OR I get some $ out of a claim or counter claim for suing after arbitration was elected, am I permitted to reveal that? OTOH, there may be a NDA. So, if this does NOT work, I will reveal that. If it DOES work and there is no NDA, I will reveal that. If it DOES work and there is a NDA, I may mention the case is no longer active, and let people draw their own conclusions.
  2. Sorry, I got a little frustrated that I could be banned for discussing a method that, on at least one occasion, worked for me. In another case, I filed a counter claim based on something I cannot discuss. If that works, I may not be able to discuss it anyway, if I have to sign a NDA. In my tribe, they used to have professional eagle hunters. Killing an eagle was a HUGE taboo, and for good reason. The tradition is that each feather of an eagle contains the spirit of a fallen warrior, so only warriors are permitted to wear an eagle feather. (That is why there are always veterans at pow wows, in case something goes wrong with an eagle feather). But, the feathers had to come from somewhere, so occasionally a village would hire an eagle killer to kill an eagle to get the feathers. The eagle hunter would fast to purify himself, and then hunt an eagle. Afterwards, it was forbidden for him to even mention that the eagle had been killed. So, he would return to the village, and say something along the lines of "a snow bird died". (Note that this was not universal among all tribes. Each tribe had its own practices). So, I suppose whenever I get to something forbidden by TOS or, in the future (I hope) by a NDA, maybe I should say "a snow bird walked away from a case" or "a snow bird settled a case"
  3. OTOH, I was able to get the top debt collection law firm in the US to back off by using a method I am not permitted to mention here , but it would be a violation of the TOS to tell anyone how I did it. Remember, mentioning DV letters with arbitation is a big no-no, so I won't mention it.
  4. It's a matter of style. In many cases, simplest is best. See my recent response to a similar thread bt oregonpilot. As far as trueq's letter, remember that is tailored (a) to Wisconsin Statutes and ( to trueq's particular circumstances, for example the stuff on possible identity theft. In MY situation, I have been the victim of identity theft in the past, so I left in something like that in my DV letter. OTOH, I left out a LOT of stuff, and pared it down to a mere 3 pages. In some cases, I send a 1 page pared down version. No matter, they ignore everything the want to ignore in over 90% of the cases. I can only remember ONE time when a CA made reference to ANY of the particular clauses in the DV letter. Even then, they ignored whatever I demanded that they didn't have or didn't feel like sending.
  5. Depends on your state. Trueq and I both live in Wisconsin. In Wisconsin, under Wisc. Stats. s. 425.109, there are certain things which must be provided to the consumer IF THE CONSUMER REQUESTS THEM. I have no idea what the Georgia laws are. If there are no similar laws in Georgia, write something a lot more generic.
  6. There are those that say simple is better. Take trueq's VD letter and take out everything you find extraneous. This will pare a 3 or 4 page letter down to 1 page. Even though I live in Wisconsin, I sometimes use a substantially pared down version. Something along the lines of: I dispute this debt and I demand validation of this debt. I hereby request: A full accounting of the alleged debt and what it is for. A copy of the original signed contract. Proof that this debt has been assigned to you or has been purchased by you. If this alledged debt contains an arbitration provision which waives your right to litigation, I hereby invoke this provision. This was just off the top of my head. You don't NEED to get fancy. The point of trueq's letter is to show you know your rights and are willing to fight for them. Also, there are certain laws in Wisconsin to which it refers. In general, it really doesn't matter that much what you ask for. They will send you whatever they feel like sending. You may have noticed on THAT board, people are debating the wording of the arbitration election. Use whatever wording you find comfortable.
  7. Before you answer, make sure you read up on the arbitration sub-forum on this board, and the arbitration forum on www.debtorboards.com . Both will give you information as to whether you want to pursue this tactic.
  8. The advice you have been getting about waiting for the order, and then objecting if it mentions you initiating is very good. As for the $250, some arbitration veterans say you should NOT pay the $250 up front. They say you should wait until the alleged creditor has paid its part, which is considerably more. If they don't pay, then go to the judge and say they are refusing to pay. Ask for dismissal. If they DO pay, THEN you can pay the $250.
  9. That's great! Ask them why they are suing for the wrong account!
  10. The debt collector atty made a BIG mistake. Not good to p*** off a judge!
  11. STEP 1: I were you, I would call up the court clerk ASAP, and ask the clerk about the order. Find out what you have to do to get the order. Every state, and often every county, has its own rules. In some places, YOU may be responsible for getting the order to the opposing atty. Make sure you find out the EXACT procedure. STEP 2: Once you have the order, see what it says. Remember, you don't know exactly what boxes the judge checked. If the judge orders THEM to initiate, or if the judge did not specify, you can probably get a mutual walk away. Demand all they sign off the the debt is completely cancelled, make sure it is completely removed from all credit reports, NO 1099-C! If the judge ordered YOU to initiate (which seems unlikely), offer a mutual walk away, and maybe agree to 5% or even 10% if you can afford it, and you just want this to go away. If you want to fight, don't budge from a mutual walk away. STEP 3: CELEBRATE! This is fantastic! xdancexxdancexxdancexxdancexxdancexxdancexxdancex
  12. There are a lot of theories on that one. That is NOT a bad idea, IMO. One possibility is to file claims against the OC for the actions of their agent, the lawyer. As far as not filing counter claims in court (for another post), that depends on the state. I filed a bunch of counter claims vs. an alleged creditor, but that is specific to my situation. That is, I think I can get the case dismissed without arbitration. If not, I can always demand arbitration. I mentioned arbitration as an afirmative defense, and their suit after election as a counter claim. Will the judge buy it? Who knows. My lawyer says this is one of the most pro-consumer judges in Wisconsin, so that would be great pressure for a settlement.
  13. Look up the TrueQ VD letter, and tailor it to your state's statutes. BTW, the lack of the 30 day notice is a clear FDCPA violation. Just sayin'
  14. I did get a request from a former member who says he was banned. This former member requested that you elaborate as to when trueq said that arbitration was a solution for every debt.
  15. Please don't read anything into the last post that shouldn't be there. I keep in touch with TrueQ in some other forums, through email and telephone, etc., and I am extremely grateful for all the help he has given me, including a referral to his lawyer. I have reported the comments made about TrueQ by his attorney and the paralegal on another forum.
  16. In the past, at the request of one of the mods, I mentioned that TrueQ can be found at www.debtorboards.com. He most often posts in the arbitration section.
  17. Great job! I need to file my answers to Cap One on Monday, so I will keep all this in mind.
  18. TBirdLady is giving you very good advice. Also, check out the Illinois state rules on garnishments, etc. In many states, social security income can NOT be garnished. In other words, even if you lose, they cannot get your checks. However, they could still get your bank accounts, so be careful. In addition, you should read up on arbitration. Not just on this forum, but also on THAT board (www.debtorboards.com). However, I think Discover just has AAA as a forum, (NAF is no longer in operation), and just about anybody will still pursue 16k+. And, the 29th is a Sunday, isn't it? In that case, you have until Monday. (I mention that because I have some answers due on the 29th as well).
  19. To be fair, Admin has a good point. The case law for this claim is a bit weak, to put it mildly. However, Chuckygee is right that one could use this as a claim in arbitration, as a way to get it out of the courts. That was my point. If you are forced to initiate arbitration because the judge ordered you to, or else you pre-emptively initiate arbitration, you need to have some grounds for filing the case. It kinda depends on who the judge is. The judges in my county are probably the most pro-consumer in the state of Wisconsin, while the judge in my federal district is less pro-consumer than the other district. In particular, the judge assigned to one of my cases is VERY pro-consumer. As good for me as any in the state. There are reports I have heard from folks in Wisconsin who have arbitrated that the arbitrators are far more pro-consumer than most judges. As one person said, throw everything in arbitration, and you will be amazed as to what sticks.
  20. I was threatened by three law firms in Wisconsin for suits. In all three cases, I replied that I had elected arbitration in the past, and re-iterated my election of arbitration. The best of these three firms, Kohn, walked away from the case. The other firms, RSIEH and M&K, filed suit. As for me, I found out from a former member of this forum that there is a lawyer in my town who has sucessfully sued both of these firms on many occasions. This lawyer is of the opinion that such suits are, in fact, a violation of the FDCPA. So, I talked to him a couple of days ago, and I will probably retain his services. As for the case law? He says he has never once had an FDCPA case go to trial, and only one went to summary judgement. All the others were settled. I doubt I will be able to create any new case law on this matter. OTOH, if I get a nice check, I certainly won't complain. This is a VERY new development. It has only been in the past few months that law firms have been suing drbtors who have previously elected arbitration. I don't know of any cases of this before this year. So, the case law will be written in the next few years. I already know of a case in which a debtor, AFTER losing a default judgement, sued for FDCPA violations in federal court in Arizona on the grounds that he had elected arbitration before the suit. All I know is the case was settled with a NDA. THAT is why there is no case law on this.
  21. Unless you get rippedoff's judge, the MTC arbitration should work. Look up the Wisconsin Statutes for arbitration. The laws pretty much mirror the FAA. So, quote the Wisconsin Statutes, rather than the FAA, in a Wisc court.
  22. Hardly seems fair, does it? You want to play, and they go home to mommy.
  23. Update: Kohn law firm never replied to my Dv with arbitration. They folded. Now, six months later, a sleazy Ohio firm, WW&R, is handling the case. So, Kohn is now GONE! Woo Hoo!
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