WhoCares1000

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  1. You can want something all you want, that does not mean it is not going to happen. The way I see it, the lawyer is correct. The only 3 options you have are to let them garnish your paycheck, try to settle the debt, or declare bankruptcy. You are not going to get this vacated because this is a proper judgement which has not reached the statute of limitations for judgements. Here is why I think the lawyer is correct: You were properly served You went to court and presented your case and the judge found against you or you signed a consent judgement as a settlement. Either way, you lost and a judgement was issued against you. If the original debt SOL had passed, you should have brought that up in 2007, not now. You usually have 30 days to appeal a ruling against you. You did not do that. The SOL for a judgement in Florida is 20 years so that has not passed yet. I see nothing wrong with the judgement or the manner in which it was issued. If you try to get it vacated, the judge is going to laugh at you so don't waste your time. If this is not what you want to hear, then you are in the wrong place because we will tell it like it is without any nonsense and in this case, you cannot do anything at this point except pay the debt, including the 13 years of interest which I sure has been added. The debt collector does not have to offer a favorable settlement to you because they hold most of the cards and you really have no leverage here.
  2. In your case, because the MSJ was granted, the case is done and it would be a regular appeal. An interlocutory appeal is one done while the case is still open. However, if the appeal is successful, the MSJ can be set aside and the case reopened and the judge has to act accordingly to the appeals ruling. I suggest doing a separate thread for you discussing so that people can deal with your unique situation.
  3. This sounds more like a trial and judgement than a dismissal. If you can post the finding of facts, that would help us advise you. It is was a judgement, they cannot sue you again anyways under the legal term res judicata which is Latin for "A matter that has already been decided." Also, if you do have a bona fide FCRPA issue, contact a consumer attorney. If they think you have a case, they will take on the case for free from you end because under law, they can collect their fees from the CRA and/or PRA. I would do the above first however before going to an attorney, if just to show the judge that you tried everything before running to the court.
  4. To answer your question about obligation, they are not required to tell a CRA that they lost in court. They are required to tell the truth in a dispute however. One other option would be to send a letter to the attorneys for PRA demanding that under the FCRPA, that PRA tells the CRAs the truth about the judgement and that they are given 30 days to do so. After 30 days, dispute with the CRAs as mentioned above and see if they still come back as verified. If the attorney calls you, inform the attorney that they sued, they lost, and that you want the tradeline removed from your report under Federal law.
  5. Are you sure this was a dismissal with prejudice and not a judgement in your favor? I ask because it sounds like this went to trial and the judge decided the merits of the case. If this is a judgement in your favor, it would be better for you to get this removed although a dismissal with prejudice should be fine. For the removal, rather than doing a web dispute, send in a paper dispute to the CRA and include a copy of the judgement stamped by the court. Make sure to send it CMRRR so that you know that they got it. If it still comes back as verified, then you can take both the CRA and PRA to court under the FCRPA. The judgement should be ironclad proof that a judge stated that you do not owe the debt. Note that they cannot sue you for this debt again as res judicata applies.
  6. I bet if you contacted the circuit court tomorrow and state that you wanted to file an appeal of a district court judge decision, they would accept it. You have been dealing with the district court and you have to get away from them to people that are used to doing this type of stuff. In fact, read this to see how the system works: https://virginiarules.org/varules_topics/introduction-to-virginias-judicial-system/
  7. All courts have a hierarchy and Virginia is no different. Since the District Court refuses to accept your appeal, you then file it with the circuit court. If they refuse, then you file it with the Court of appeals. As for not allowing an appeal after a judgement, you then file a Federal case to appeal that decision on the grounds that the issue involved is Federal Law. You will find someone to hear your appeal if you go that route and they can order a district court to follow a US Supreme Court decision. There are always options is you willing to fight for them. The path might be unusual but you sometimes get the same result.
  8. Either that or wait for the judgement and then file an appeal right after the case before the ink on the judgement even dries. When the appeal is filed, inform the appeals court judge that you were denied an interlocutory appeal by the court staff and hence, you are doing it now.
  9. I would have just filed the appeal at the next court up from the district court and let that court know that you were not being allowed to file an interlocutory appeal.
  10. A little too early and I doubt the judge will go for it. Just present to the judge the evidence that you started the case and that due to the issue with COVID-19, JAMS was late in getting things started but they have since done so. Present your evidence and go from there.
  11. Yes. They still own the debt and a dismissal without prejudice simply means the case was ended without a decision rendered by the judge and Midland is free to sue you again if they so wish. They have a permissible purpose to check your credit.
  12. If the appeal was very expensive, I could see your point in considering. The cost however is $50 which is not all that much compared to other states. The worse they can do is affirm the lower court's ruling which means you are no better off than you are now but you are not worse off either (and really only out $50 and some time). Yes, the appeal court can rule against you if you did not follow the rules such as filing one day late without leave from the court. However, it would be up to the plaintiff to bring that up (you are not required to) or the judge to bring it up in his ruling (so you should get a copy of the ruling ASAP). Otherwise, the appeals court will only consider whether the ruling was correct based on what was brought up in trial court or if the plaintiff can explain why the ruling was correct without introducing new evidence. So here is the jist of this. If you appeal and lose, you will be in the same position that you are in now. If you appeal and win, you will have gained some leverage for a reasonable settlement or even dismissal of the case. The choice is yours.
  13. There might not be a bond on this appeal since no judgement has been made yet on the debt but there will be court fees (that is true in any state where you appeal a decision). Why you are appealing is the decision to deny the Motion to Compel. You are appealing that because: The CFPB has made a rule requiring all credit card companies to submit to them all credit card contracts which they put on the their website for consumers to use. That is where you got this contract with the arbitration clause and is a valid copy of the contract, The plaintiff simply said that the contract did not have an arbitration clause but did not provide a copy of the contract. Under the US Supreme Court ruling, when a contract contains an arbitration clause, the state courts do not have jurisdiction over the case and the parties must arbitrate. You will then have to prove the above facts. If the appeals court does not side with you, you go to trial. If they do side with you, they will probably remand to the lower court requesting that the judge reconsider the motion in light of the arguments made at the appeals level. The plaintiff still can get a copy of the contract without the arbitration clause in the meantime. Looks like the filing fee is $50 in Virginia so that is not too bad. If you have a some money (say about $500), I would offer to settle the debt and see if they bite.
  14. OK, quick question, did the judge simply deny a motion to compel arbitration or did the judge find for the plaintiff on the debt and issue a judgement? If the later, you probably have to post a bond. If the former, you might not have to post a bond because no monetary judgement has been issued yet.
  15. Was this in small claims court or regular court. If it was in small claims court, what you would need to do is file for a trial de novo in regular civil court and pay the fees. If this was regular civil court, then you need to appeal to the next higher court.