WhoCares1000

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WhoCares1000 last won the day on September 26

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  1. What happened here is that first the judge got mad because their performance is based on case management and he thought that this was an easy default that the plaintiff law firm forgot about and turned out his team messed up. The judge however did not want the appeals court to find out that his team messed things up so had to refuse the default and move the case along only to find that the plaintiff law firm was not following the rules either. His team messed up because there are so many cases being filed in courts and the court systems in this country are so underfunded that mistakes are bound to happen. First lesson here is to keep your thumb on everyone. You as the defendant are at an advantage here because you are only managing one case whereas the plaintiff law firm is managing 1000s of cases. As for the plaintiff law firm, once they realize that you intend to fight the case and you are serious, they will walk away because it is more cost effective to take the loss on you and move on to lower hanging fruit. They take it as far as they do because they want to see how serious you are in fighting the case. In your case, it also helped that you told the attorney you are collection proof which means it does not matter how much they spend on the case, they will not collect anything. The arbitration path follows the same pattern, the plaintiff seeing how far you will go and when it becomes cost ineffective to collect, they walk away. This works because 98% of the defendants do not answer and thus are easy pickings for the plaintiff with default judgements. As for the default and not answering rate, you are not going to change that no matter what you do. It is known that most people in this situation hide their heads in the sand and think that everything will end OK, at least until the wage garnishment and/or bank account is cleaned out. We see that on this site all of the time. In Minnesota, due to abuse of the pocket docket system here, the legislature passed a law that required, among other reforms, that the summons and complaint have on it, in big red bold letters, at statement saying that you are being sued and that you need to answer within 20 days to preserve your rights. Before the reforms, the default rate was 98%. After the reforms, the default rate is...................................................... 98%. If the legislature cannot change the rate, we do not stand much of a chance although we can certain try. In any case, congrats on your win. It is a well fought victory, even if it is anti-climatic.
  2. I am surprised that the motion was granted considering it was not served on you unless them mailed that out too. I am not sure of the process (whether you need to file on the motion that has already been granted or you need to file a new motion) but you need to inform the court that you are not receiving the documents that the plaintiff is claiming that they sent you.
  3. The thing is, we can infer on our own what the settlement is but the OP cannot say what is contained in the settlement. True that they do not want people to know what makes them settle in this case but most people who find out about the arb process will probably not looking at any singular case but instead on forums such as these. Besides, 98% of the people totally ignore the summons and complaint (hide their heads in the sand so to speak) rather than look up anything that could be used to defend against the creditors. Hell, here in Minnesota, to reduce the Pocket Docket issues, the legislature requires, in big bold red letters, that the defendant is told that they are being sued and that they must file an answer in 20 days or a default will be entered against them on the summons and complaint and the default needle did not move even 1%.
  4. The MTC is probably fine to discuss (along with the creditor and appx. amount). What the OP cannot talk about is the settlement itself. All they can say is that the case has been settled.
  5. The case information such a creditor and how much the OP was sued for is public information as is the dismissal of the case based on out of court settlement. The settlement terms themselves are not public record because a court did not rule on the term. If you were to look up the case, all you would find is the summons, complaint, service filings, answer and service filings, maybe an MTC arb and then a dismissal, probably with prejudice, which states that the case was settled out of court. You would not find any settlement documents. So, the OP can state who the creditor was that sued them, for how much, and that the case was settled. The OP cannot talk about the settlement. That said, we can infer as to what the settlement was and that is it. That said, I would suggest to the OP however that once they said that the case was settled, that is all they say and walk away from any discussion beyond that.
  6. Was this a lawyer who works for a debt collector or a lawyer who works for consumers. If the former, of course they would want to talk you out of arbitration because it is not cost effective for their clients who want to collect on debts they paid pennies on the dollar for.
  7. I would suggest that you talk to a BK attorney because you have an interesting situation that might not be covered by ordinary rules.
  8. You would probably have to borrow the funds from a different lender because I am sure Nissan is not interested in loaning money to you anymore. The problem is, your credit score puts you in the subprime lending group and I doubt you would find anything under 10% and more likely in the 15% to 20% area. If you loan with Nissan is less than that, you are better off keeping it with Nissan, even if it is closed.
  9. Sued by Velocity Investment for a debt (30k) from Lending club. Business got messed up and all the money gone. I responded (denied) and filled a motion for arbitration, the court sent a Scheduling conference email to me for this Friday. Pls, I need help on how to go about this.

    1) Should I call Velocity for a settlement, is it late?  2) What are my chances and best defense points upon arbitration if it is granted?  3) Any way out of this with my head high? 4) If I can negotiate, any idea on how velocity investment llc  goes in terms of how much percentage I am likely to get?

    Thanks so much for all that you guys do. 

    @fisthardcheese @BV80 @BrotherskeeperThanks for the anticipated response, Great guys!

    1. Show previous comments  3 more
    2. Dan001

      Dan001

      Not really, am thinking of one that I will go with

      Any ideas

       

    3. fisthardcheese

      fisthardcheese

      Was this a business loan?  If the loan contract mentions business related loan or other business-related language at all you may have an issue using arbitration.  AAA and JAMS only work well on CONSUMER issues because there are specific consumer protections in their rules.  However, a business related issue means that you will be on the hook for half of the arbitration fees and that kills any leverage using arbitration gives you.  Check your loan contract carefully before proceeding with arbitration on this.

    4. Dan001

      Dan001

      It is a consumer/personal loan. I want to negotiate payment, any idea on how best to go about it? Thanks so much

  10. As you now found out, the hard part of getting a judgement is collecting, especially when you know nothing about the finances of your adversary. The question is, do you want the money now or are you willing to wait. If you are willing to wait, then keep track of dates when you need to renew by and the interest. Realize though that the cost of waiting is that the company may go bankrupt or even cease to exist and your claim is then worth nothing. If you want to collect right now, you have 2 options: 1) Do a financial deposition in Alabama and find out if Unifund has any assets in the state and where their bank accounts are. If you can find a bank account at a bank that has a branch in Alabama, you can attach that. 2) Find out where Unifund's home offices (or state of incorporation) is and file for a foreign judgement in that state. You will probably find assets there that you can execute against. Good luck.
  11. A debt collector is not necessarily a JDB. It could be an organization hired by the creditor who owns the account to collect on the debt. In this case, Discover probably owns the account and Glasser and Glasswer were hired by Discover to collect on the debt. That is why the statement that this is from a debt collector, to cover their own hind parts. They probably allowed the non-suit because they could not meet your discovery demands in time. More likely they will refile, either on the case which was non-suited, or a new case if they take longer than 6 months to get the documents. This is quite rare however because Discover usually has the documents to win their case and they never sell their debts. Note that if you try arbitration, you will have to settle because they will follow you into arbitration and go the bitter end regardless of cost. So what I would do if you cannot settle in a lump sum (do not bother with payments) is to wait to see if they restart the current case or start a new case. In the meantime, find the contract yourself on the CFPB website. When the file, you file a MTC for arbitration and then start the settlement process. In the meantime, start saving up cash for a lump sum settlement. Who knows, they might leave you alone looking for better targets. Be prepared for the worse and hope for the best.
  12. They can try to do alternate service if they do not locate you. You would then either have to answer or lose the case. What you can do is lay low for a while and see if they try alternate service (watch the website) and if they do, then file an answer with the affirmative defense of lack of personal jurisdiction. That might buy some time to let the SOL run out. Otherwise, you can call the opposing attorney and inform them that the suit was filed in the wrong venue. I would hold off on arbitration until you see what they do with the suit in Nevada first.
  13. What you should have done as soon as you found out about the scheduling conflict is to file a motion for continuance for 14 days because of health reasons. You file the motion in the court and serve it on the plaintiff. I don't know if you can do this so soon but you can find out from the clerk. Most likely though, the continuance would have been granted. You might be in a situation now were you either show up to argue your motion to compel or lose.
  14. Seems interesting that they would come to you first considering most attorneys know how easy it is to get an extension on the first time. Is this the first time they are asking? In any case, I would offer to agree to a 30 days extension but no more beyond that,
  15. Again, since this is their first request, 99.999% of the time, they will get it. Think of it as giving them enough rope to hang themselves. Under the business records exception, they should have already been able to get the records which means there is an issue with getting them. They might get them in another 45 days, they might not. Now, if they try for a 2nd continuance, then you start to argue against them stating that you have the right to a speedy trial and that they are delaying when they should have had the evidence needed for their case before filing.