WhoCares1000

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WhoCares1000 last won the day on June 18

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About WhoCares1000

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  1. Yes, as long as they report the truth about the debt and remove after the time limit, they can report to credit bureaus. Many use that as their only leverage to get payment. Some don't report because they don't want you to have to risk a counterclaim if they sue you but that is by choice, not by law.
  2. SCAM. Enjoy your vacation and don't worry about it.
  3. Google "Fair Debt Collections Practices Act" and you will have more than enough information to cite what statute and section was violated.
  4. The court has no clue who the person is when someone goes up to the clerks window and asks to review a case file. In fact, here in Minnesota, you will be directed to the computers where you can review most case document (except private one by law for certain probate and family cases) at your leisure. No ID needed. I have reviewed cases for genealogy all of the time and the clerks have never asked who I was or my relation to the case. If you are that worried, then tell your girlfriend to simply tell the clerk that she does not live with you, or she can simply say that she is reviewing the case a part of a research project, or a ton of other reasons that don't involve you. Or she can give them your address so that they can serve you at some point. You still will have the information before being served so you can plan on how to fight.
  5. The court mediators are tasked with ending these cases and getting them off of the judges calendar by any legal means. In fact, if they are hired by the court, then I am sure their performance is based on how many cases are settled. They are also used to dealing with clueless pro se defendants who are in doubt as to whether what they are doing is working or not. It not a case of Fisthardcheese doing this for the 15th time and thus knows what is going on but a scared person doing this for the 1st time and having no clue other than they were told on the internet. The mediator pounced on that fear in hopes of a settlement. They probably had no clue that the plaintiff was in violation of a court order. In fact, I am sure the attorney told the mediator a sob story on how they were duped by a pro se defendant into agreeing to a MTC arb without a fight. I am sure no one at their office read the contact until they got the bill for $3200.
  6. You left that part out that you have other debts that you have defaulted on. That would have been important in formulating a response. If you want to know who is suing you, have a friend go to the courthouse to review the case and report back to you. Then you know what is going on before you are even served.
  7. Good job on sticking to your guns. I am sure it was not easy. What I suggest you do is look at the court rules for when you need to file motions for the judge to consider. I would be preparing a motion for sanctions (including requesting the contempt of court charge that the judge hinted at as well as other things). @fisthardcheese can advise you on what to request. If the dismissal does not reach your hands before the last day to file motions, I would file the motion for sanctions and send a copy to the opposing attorney. At that point, they will either file for dismissal, pay to arbitrate, or face an angry judge with a motion for sanctions on her bench. More likely than not, you will see a motion to dismiss or they will call you and ask what your grounds are for a dismissal (at a minimum, you must request dismissal with prejudice, you can ask that the debt not be sold and be removed from your credit report but those are nice to haves). They are not going to pay $3000+ for a $1000 debt unless they want to make an example out of you and if they were going to do that, they already would have rather than angered the judge who they have to appear in front of again and again.
  8. If you think you have a decent case against them, I think you could go to the Sheriff's Office or courthouse and request that they serve you then and there. That would then allow you to answer and avoid the default. If you need to gather the evidence and witnesses then do it just before or immediately after being served. You have a set number of days to file your answer and then there will be more time before the court hears the case so you should have some time to get your evidence together.
  9. Under the adoptive business record rules, they have supplied enough evidence to win their case. Also, because you have already answered and have gotten deep into the case, you might have lost your chance for arbitration (you cannot use arbitration to get out of a failing case). They cannot garnish right away as you usually have time to file an appeal after a judgement is rendered. That is 21 days which will get you into August. Then there is about 2 weeks to get the garnishment started which will be the beginning of September, assuming they know where you work. If they don't know and cannot find the information, they will have to do a financial disposition on you to find that out and that will take longer (possibly a month). In the meantime, cancel direct deposit if you can and leave about $10 in your bank account. If the account is in your name only and not your spouses, your spouse can open a bank account in their name only and you can leave funds there as Michigan is not a community property state. Beyond that, prepare for a temporary loss of up to 25% of your income until you can file for Chapter 7. Sorry I do not have better news for you.
  10. If it is not in writing. it did not happen. I would however get proof that the first 2 payments had been made and bring that to court if it goes to trial. You can also try to redo the agreement with the attorney but realize they will probably want a stipulated judgement so that if you miss a payment, they don't have to go to court again. This is why you don't pay anything until you get the paperwork for any agreement.
  11. The issue is that the account was charged off. Also, this is a credit union rather than a large bank. Credit Unions are more likely to keep collections in house rather than sell the debt to a JDB. Odds are they still own the debt.
  12. What has changed is that 49 of the 50 states has adopted the business records rules so that computerized records to not have to be authenticated any more. On top of that, storage and transfer has become so cheap that the banks are simply storing all the information and can pass it on electronically so it is real cheap to do so. The courts have simply caught up with technology. Arbitration (when and if available) has been refined (and has its own court decisions) and so is a better way to do if you are being sued by a JDB, the clause is in the contract, and the debt is low enough to make arbitration economically unfeaseable for the JDB.
  13. It is called phone number spoofing and yes, they can spoof your own number. All sorts of scammers do this because they know most people would be intrigued enough to answer the phone. This is exactly what the FCC is trying to force the telecom companies to stop.
  14. I have to ask this, when you get back from court today, please let us know where this strategy led you, even if it led to you getting your rear end handed back to you. It would be at least educational to us and would be helpful to others who might harbor the same thoughts. As for whether they sold the debt in your case or not, @BV80 has asked you multiple times to state what your credit report says regarding the status of the Capital One debt and you have not yet answered. That would be the quick and dirty way for you to tell how well your theory will fly. And yes, all banks can act differently since there are multiple paths they can follow. Capital One, American Express, and Discover all sue on their own debts for the most part. That is well known. Capital One has removed the arbitration clause whereas Synchrony Bank swears by such a clause regardless of what is going on. Each bank can and does make their own business decisions so it is not hard to imagine one bank doing debt collection in one manner while another bank does debt collection in another manner. As for suits on low balances, again that is a business decision and most do it anyways because 98% of the time, they get a judgement so it is worth the effort. In fact, most banks and JDBs keep attorneys on retainers for a set fee for a set number of cases. That is why some plaintiffs are willing to walk away when a defendant puts up a reasonable fight. So again, we have a reasonable belief on what will happen in court today BUT we could be wrong so we want you to report back. Realize that if you don't report back, the silence itself will be very telling.
  15. First off, Municipal court is small claims court in the State of Ohio. Anything above $15,000 would be heard in the Court of Common Pleas. Granted in Ohio, you can go straight to the appeals court rather than a Trial De Novo which is what happens in most state courts for small claims. No decision made in Municipal Court is binding on any other court. You still have not convinced me however that your mother's arguments was the reason they folded. Even if it was Merrick Bank itself that sued you (and it looks like they keep their collections in house and sue on their own debts based on my research), they still might have decided that the cost of fighting your mother's requests (or compliance) was too high for the amount involved. That does not mean that in another case, they would not be more assertive. They also might have decided to close the case to avoid the risk of appeal where there might have been a chance that your mother would have won and set a precedent (anything is possible in court). We don't know that. The only they we know is that they walked away from the debt. The bank never said why. In another state or even in another municipal court in Ohio, a defendant who tries this might get the "What have you been smoking son?" question from the judge and then an immediate summary judgement against them. Now in this case, they can appeal but again, they run the risk that a precedent will be created against them and will end this defense for once and for all (at least in the State of Ohio). I am happy that your mother was able to force them to abandon the debt but one win in municipal court does not make a defense valid.