WhoCares1000

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  1. Because among all the other cases that they have, you would be forgotten and they might not make an effort to collect from you before you do the BK, especially if you remove your name from all property and bank accounts while you are away. If you go through with this and make their life hell in getting the arbitor's award, the first thing they will do is convert that into a judgement (and if you try to fight that, the judge is going to laugh at you once they show what you did in arbitration because the judge will know that you had your chance to defend yourself). Once they get the judgement, they will immediately do anything in their power to collect, making your life a living hell, even if you are outside of the USA. Do realize that even if they will not make any money, they can foreclose on your house if they have a lien on it, just to show you the power they have (most creditors would not do this in most cases but if you piss someone off enough that they remember you......). The fact of the matter is, they had already shown you that they could win in court. You figured you would do arbitration in hopes that they would not cover the expense and they called your bluff. You are not going to get a 4 - 5 month continuance regardless of what is going on. You will be lucky to get 90 days and more likely, you will get 30 days. They are probably going to win unless the arbitors accept your defenses and even there, they will simply ask Discover to calculate what you owe them without the extra charges and interest and give them a judgement for that amount. The CARD Act of 2009 (which is the law that I think you are citing in your defense) does not give a private right to action which means you should have complained to the CFPB rather than stopped paying your bill. The courts (and arbitration) are not there to enrich you because the other party broke the law. I have now said more than I intended to because I see you as one of those people who want to cut off their nose to spite their face. You intend to go down fighting in a battle you not only cannot win but can cause others grief too.
  2. The first place I would call is the Social Security Administration and make sure they are not listing you as deceased (or I would go to the office). Once they list you as deceased, you are going to have a very hard time because next is your checking account being closed and drivers license and vehicle registration being cancelled. In fact, I would notify your bank and the state DMV too that your credit report status is incorrect. There have been horror stories about this.
  3. It would be the same arguments you would use in court.
  4. You are not going to get a 4 - 5 month continuance. You will be lucky to get 90 days and more likely get 30 days. Sounds like your BK lawyer wants you to have little - no income for 6 months so that you pass the tests for Chapter 7. I hope you are not paying medical bills for your mother or sister because you really were not responsible for those bill. As for settlement, they have the goods on you and they know it. I would be shocked if they went below 80% of the debt and I would expect them to want more than that. You do not hold as good of cards against an OC that you would against a JDB.
  5. The court computers set up specific events so that they can flag cases for dismissal if the plaintiff does not pursue the case. In this case, the are telling the plaintiff that they have to file their motion for summary judgement by such and such a date. They plaintiff may try for a summary judgement even if you do answer but all you have to show is that there are material facts in question that require a trial for the judge to decide. Look for threads that deal with California because there are specific protections for debtors in that state that are not available in the other 49 states. They will show you how to file your answer and prepare to do discovery.
  6. These are scams. Although there are examples of sewer service that exist, a judgement cannot be obtained and a lien cannot be placed unless the creditor files a suit in court and wins the case. Even with sever service, the judgement can be voided. In any case, the call is designed to scare you into calling them so that they can strong arm a payment from you. Feel free to ignore and they will eventually move on to better targets when they realize you are not falling for the scam.
  7. I know Canada is different from the USA so most of us cannot say. A 5 year term is pretty fast for those of us in the USA but might be normal for Canada. Also, it should be known that Canada does not have a tax deduction for mortgage interest like the USA so the fastest term that the the homeowner can afford to pay off would be the best path to go.
  8. Here is your problem, when your family moved your stuff out, they should have taken pictures/video. That way you would have had some evidence. In order to get a settlement, you are going to have to prove to them that going to court would not yield an amount larger than you are offering. They have to understand that you will fight them all of the way. A letter telling them that you refuse to pay any amount without an itemized list will start that process. They will then either have to send you the list or go to court where they will be required to provide that list upon request anyways.
  9. Refuse to pay and force them to take your to court where they will have to show a list of itemized charges for you to dispute.
  10. 1) If the rules of Civil Procedure state that the courts are required to clear inactive cases after 12 months, there should be no reason for the defendant to do anything. Even if the defendant was required to clear the case, the court clerk should have recognized how old this was long before 5 years has passed. Especially in the age of computers. 2) Can the court prove that the defendant has been watching the case for more than 3 years. It would be easy for the OP to state that they assumed that the case was dismissed for inactivity and the OP only found out about this because a BK lawyer called the OP offering their services. I know PRA trolls these boards but if it took them 5 years to attempt to get a default on this case, are they really watching for something like this?
  11. Only if the landlord sold the equipment and only to you, not to the finance company. What would happen is that the finance company will go after you for the full amount of the loan and then you would have to sue the landlord for what the equipment brought, minus anything you owed to the landlord who you can be sure will have a claim against you.
  12. The creditor has filed a case as a replevin case so that they can get a writ of possession (or write of replevin depending on jurisdiction) for their equipment. I would, at a minimum, notify the former landlord of the case just so that they are not shocked when the sheriff shows up with the creditor and a moving company to forcibly take the equipment (note, this is also how banks can deal with auto repos). If you want to add the landlord as an additional defendant on the suit and they can both argue who has better right to the equipment than so be it. Note that if the landlord has sold the equipment, the creditor will come after you for payment and you need to go after the landlord to get the amount they should the equipment, assuming you can win such a case. I would suggest talking to an experienced New Jersey replevin lawyer to figure out the best course of action in this case.
  13. Not at this point. The time to challenge standing was during the trial before you made the agreement, not now. As for hearing this from the bank, if the creditor has a judgement, the creditor does not have to notify you before they do a levy or garnishment. Most don't do so anyways because people would quit their jobs or clean our their bank accounts if they did have warning. I am shocked that the bank did contact you. Most banks don't contact their customers when their accounts are attached and the customers only find out when checks bounce or their debit card is declined. Your lawyer should have told you the consequences of not paying on this settlement and it does not sound like they did.
  14. Government fines is not considered consumer under the FDCPA because the relationship needs to be consensual (at least in the 7th circuit). Although that circuit does not cover Texas, the lawyers for the collectors can use that as a persuasive argument in a FDCPA case against them. So the FDCPA is out the window. The TCPA might be available but did you ever give the municipality your cell phone number for any transaction? If you did, then that is consent for the municipality or their agent (in this case, the debt collector), to call you cell phone. You will have to revoke that permission before the TCPA applied.
  15. I would think that the court case information for San Diego County CA would be online so I would look on the California Superior Court website for any case information related to you name. That might be able to tell you what this is about without talking to the law firm (and if there is no case information, I would continue to lay low).