WhoCares1000

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WhoCares1000 last won the day on January 20

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About WhoCares1000

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  1. I hope you kept a copy of the agreement. In any case, I would call them at this point and ask when they will file with the court (don't bother with email). If they don't, when this goes back to court after the 6 month deadline, bring in your copy of the agreement and inform the judge that they sent it to you and you signed it and wonder why they did not file with the court.
  2. AA Recovery Services looks like a debt collection company according to their website. It does not look like they do repossession. To give advice, we will need some information from you such as if the vehicle has already been repo'd or you still have it. My guess is that the vehicle has been repo'd, sold at auction, and they are now trying to collect the remaining amount on the loan after repo costs were added.
  3. To answer your questions: 1. Since you have no agreement in writing, the attorney does not have to stop the court process. What I would do tomorrow is talk to the attorney and re-offer the same deal. Odds are, they are not telling the attorney (or this might even be what we call a rental attorney, an attorney hired for that case). You must show up however or they will get a default. Also, they might request something called a stipulated judgement. This means that if you fail to honor the deal, they do not have to go back to court, they can simply start garnishments and levies. 2. The court fees are paid when the case is filed, not when it is heard so I doubt the judge will let them go. That should have been part of the deal. 3. Since the plaintiff did not ask for it, don't bring it. The court will not care about why you got behind and you will be simply giving the attorney's office all the information they need to do a garnishment and/or levy. If they ask in court, just say you don't have it with you and odds are, they will drop the request because that will mean another court date. Just bring your person, your ID, and leave everything else at home.
  4. I doubt you will get your own MSJ granted because PRA has the right to defend against your claims that you made in opposition to their MSJ. What happened was that you had shown the judge that there were issues that required a trial to oppose their MSJ. Now if you file a MSJ yourself, you are suddenly telling the court that there are no issues requiring a trial. That will not fly.
  5. Because you should always review any contract (or any other document put in front of you) before signing. I know most Americans don't do that and as long as the contract is followed, there is usually no issue but when problems like these come up, you need to know what the contract calls for because you can be sure the other side is going to use the contract against you and not having read the contract is not an excuse.
  6. I don't think Virginia is a Pocket Docket state. This means they have to file (and pay the fees) to start the case before you are served (unlike Minnesota where they can serve you without filing in court). Maybe that is why you have not been served yet. They are still getting their papers in order.
  7. Have a friend go to the courthouse and get the documents to see what they have filed. I would never rely on the online sites to tell you what has been filed anyways.
  8. First off, don't worry about any supposed games you can play in court to win. A law professor saying something in a paper is not the same thing as an actual court ruling. In any case, I would wait for service. If you know when the court date is, get your MTC ready to file along with an answer stating that the court lacks jurisdiction due to the arbitration clause in the contract. If they don't serve you, show up in court anyways on the day they say and inform the court that you were not served but are willing to file your papers that day. Also, once you get the approval for arbitration, you can include the FDCPA violation as part of your arbitration claim. It will make it more likely that Velocity will want a deal to make this "go away." @fisthardcheese can help you with that.
  9. Eventually they stop when they realize you will not fall for it. They will never serve you. Instead they will harass you and your family in an effort to get someone to pay. Even if 5% of the people called pay up, it is a payday for these people.
  10. As for debtor exams, that depends on the state. In Minnesota, they can mail you the form and you are required to mail it back. The court only gets involved if you do not answer. Since it is that easy and cheap, they will continue to do it forever in hopes that you mess up and the JDB can get you arrested.
  11. Years ago when I was dealing with past due debt, I got a visit from the sheriff's office to serve papers on my the day after I got the initial call from the JDB (did not know my rights at the time). Turned out that I was being subpoenaed as a witness to a criminal case where the crime happened right outside my bedroom window. Things like this happen all of the time.
  12. That is the pitfall of getting a judgement. A judgement is simply a piece of paper which allows you to take assets and/or income to settle a debt. If there are no assets or income, there is no way to collect on the judgement. The can continue to do debtors exams as would be considered reasonable by the court (I think in Minnesota, it is every 3 - 6 months). Some people use the term "Judgement Proof" for people like this but that is a misnomer because they can still get a judgement against you, the better term is "Collection Proof" because they cannot collect. Note that the reason JDBs are willing to get judgements against people who are collection proof because sometime in the future, the person might get an inheritance or win the lottery. This is especially true in states where it is easy to renew a judgement in perpetuity.
  13. Honestly, I would start arb first and then request the deal. You are not going to get a good deal right now because they are hoping you get hit by a truck or have a heart attack before you get a chance to start arb (or any other situation which prevents you from starting arb). Once you start it, the ball in in their court as to what they will do next and it is at that point when you will get a good settlement (especially between the initial fee and paying for the arbitor). In any case, you are correct to demand it in writing before performing on your side of the agreement.
  14. What is the time limit for an appeal in the State of Florida. I would wait at least that long (and give a few days for the other side to get a copy of the judgement) prior to doing anything. Once that period went by, you can start by sending a letter stating that you have obtained said judgement and are requesting payment within 30 days. If they don't pay, then you will have to start looking at ways to seize assets to pay the judgement.