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WhoCares1000 last won the day on September 4

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  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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,
  6. 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.
  7. If this is their first request for a continuance on discovery, it will probably be granted regardless of you opposition.
  8. I don't know how much the debt it but if more than $2000, if might be worth $300 - $400 to seek an hour of a consumer attorney to discuss this with you. From what I am reading (and Georgia members my be able to reply better once the long weekend is done), a judgement can only be renewed within 3 years of going dormant. They may be outside that period. It looks like they would have to file it in the original court that the judgement was entered into and then serve you a copy at your current address (or effect alternative service). You then have the usual 20 days to respond and then there is a trial to determine if the judgement should be revived. It sounds like JDBs are filing the writs after 3 years in hope that defendants ignore the new summons and complaint for the writ and simply default to revival of the judgement. I will also bet that SOL is an affirmative defense for the writ which you must bring up to the court (in your reply) in order for the court to consider it.
  9. You should send that out right away so that you are sure they are served. You would send the service to the attorney because the attorney is who is representing the JDB in court. You keep the POS and fill it in once you have done service and file that with the court.
  10. The SOL is tolled the minute you are served. Now, you might think that you can run out the SOL by evading service but the plaintiff has the option of filing in court and paying the fees which would also toll the SOL at that point too. Most don't do that however because the court fees in Minnesota are very high (I think over $300 to commence a civil court case now).
  11. If a service processor comes to the door, you should sign for the papers. You can look on the court website afterwards to see if the are valid. In Minnesota, you have to be very careful because a case starts when you are served, not when it is filed in the court so you should answer the complaint anyways, just to protect your right to a fair trial.
  12. Do you have a copy of the signed agreement? If so, for this month's check, fill out an affidavit that you wrote and mailed the check and then inform the court that the case was settled and that you have kept to the agreement for the past 19 months.
  13. That would help and I would suggest getting everything out of the wife's name if she is willing to do that (she might not). A refi would move the mortgage to another bank but your wife is still on the house title so she would need to do a quit claim deed. The question is, is she willing to sign. I don't think Georgia is a community property state so there would be no problems there. This said, you really need to get your wife help and put a stop to whatever problem is causing her to spend like this.
  14. They can only say that in court if you try to compel arbitration but do not start it. Once you start it, you are acting in good faith according to the agreement. I don't think I have heard Synchrony or their collectors try this (others might have more experience) and even if they did, it would be up to the arbiter to decide if you acted in bad faith, not Midland. Midland would also have to prove that you are acting in bad faith which is very difficult because that goes beyond saying that the opposing party should agree with us because we supposedly have the evidence.
  15. Are you looking to pay a lump sum settlement or payments. If the settlement is lump sum, I would ask why the necessity of a consent judgement. They should just write the agreement, accept the money, and drop the case. If you are looking to make payments, the consent judgement simply gives them a judgement without all the court fees should you default. They want that because you are not exactly an on time payer of your debts based on the past. It would be up to you if you want to agree to this. Personally, at this point, you are better off with a lump sum settlement than a payment schedule and consent judgement.