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WhoCares1000 last won the day on January 21

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  1. WhoCares1000

    What happens when you can’t pay judgement?

    Not all courts have their case information online. Also, some states (such as Minnesota) do not allow the use of bots.
  2. I think FICO changed their algorithm a few years ago to allow fully paid and settled entries to have better scores than defaults that have not been dealt with. That was at the behest of the JDBs and banks who before this were finding people who were saying that since settling will negatively affect my score even more at this point, there is no worth in settling the account, and those debtors were correct before the changes were made. With that said, we cannot tell you exactly what will happen in each situation because the algorithms what determine your score are a closely guarded secret. That is why, rather than managing your score, you need to manage your debt and your reports and don't worry so much about the score.
  3. WhoCares1000

    Filed a MTC - Arbitration....Now What?

    I agree that they won't pay BUT I have a feeling since they have until the day after the next hearing, they might wait it out to then just to see if they can get the OP to either settle or the OP has an issue and cannot make it to court and they can get a default. I know that is grasping at straws but I am sure that they will do anything right now to see if they can avoid the arbitration. That is why the OP needs to be prepared for the hearing by being able to show that the OP followed the court's order and the next move is up to the plaintiff. I would also type up an order for dismissal with prejudice, make a few copies, and then when the opposing attorney offers to settle, hand that to them and say that is what I will settle for but that would be rubbing their nose in it. Most likely if you show up at this hearing and do not settle, they will dismiss their claims at the hearing as at that point they will know 100% that they lost.
  4. WhoCares1000

    Filed a MTC - Arbitration....Now What?

    Simply be prepared to show the judge that you have followed his order and made the request for arb to AAA and you are waiting for the plaintiff to do their part. Since the plaintiff has until the day after the hearing, the court would have to wait until the next hearing before any sanctions are done. Note, I would also have a mutual dismissal with prejudice form ready for the judge to sign just in case they decide to dismiss at this hearing and they don't have one.
  5. More like because these are considered government debts, the government opted their collectors out of the rules governing collectors on other debts. In the same way the politicians opted themselves out of the Do Not Call list or Robocall requirements. As I said, it took the MN Attorney General (the same one who put NAF out of business) telling Illinois that they were not allowed to collect their tolls in Minnesota if they did not do it properly to get them to back off of Minnesota residents.
  6. I would check the court website from the county in California you lived in to see if you have been sued yet. Then might have simple gone to the courthouse without bothering to tell you.
  7. This is not an issue with just the NYSTA but with all toll roads. There are stories abound of aggressive collections from all state with toll roads. In fact, earlier this decade, the Minnesota Attorney General threatened Illinois to not collect their tolls in Minnesota if they could not figure out the correct owner of the vehicle (which is harder because Minnesota plates stay with the vehicle rather than the owner when the vehicle is sold). Add to that the fact that these are considered government fees and fines and most laws such as the FDCPA and bankruptcy do not apply. That said, even the OP were to contact the NYSTA, they might tell him to deal with the collector instead and there is nothing the OP can do about that. As for added fees, there are plenty of stories where NYS actually allows these fees to be added under law. Also, because the OP is from CT, even if there is not a reciprocity agreement, they could easily go to court there (unlike say Minnesota which would be harder for a NYS attorney to collect from).
  8. The courts have ruled that government agencies do not have to follow the FDCPA. On top of that, the NYSTA has really been aggressive in collecting these debts. The time to challenge the debt has also passed so you probably cannot even ask for evidence. However, I do not think they have a reciprocity agreement with CT so they cannot take away your vehicle registration or drivers license. They can only take you to court but this is a collection agency who may or may not take you to court in CT (I say maybe because CT is so close to NY compared to say someone from CO getting such a notice).
  9. If the plaintiff thinks you are evading service, they can ask the court to use a process called alternative service such as mailing the complaint and summons to your last known address and/or putting the complaint and summons in your local newspaper and that has the same effect as being served. That said, you can contact the attorneys office and inform them that you are not in the USA. Some will realize that the effort is futile. Others will try anyways. If you find that a case has been started, you can file an answer with the court stating that they do not have jurisdiction over you as you and your assets are not in the USA. Also, realize that if you leave the USA before the SOL has expired, the SOL on the debt is tolled until you return.
  10. If this is a true LLC and the debt is personal (not part of the LLC) then the only thing they can do is get a charging order to garnish any profits from the LLC. This is especially true if the LLC has no value if you were removed and the business was sold. Beyond that, the LLC is a separate legal entity from you. Most debt collectors would rather not deal with charging orders because they are very tricky and in some states, can cause tax issues.
  11. WhoCares1000

    Trial on Monday

    I have to agree with Harry here. If indeed this is a case of a law firm sending their newest associate, then you would think they would at least allow them to fight and get that experience. I don't think that is the case here. I think it is about money. The JDB pays the lawfirm a set amount per case regardless of the outcome. If the hourly amount is $200 and the JDB pays $1500/case, that is not even enough for the law firm to send an attorney for a 4 hour drive. More likely, this is a case of the law firm renting an attorney in the area for as cheap as possible and giving the attorney enough information to either get a settlement or dismiss. There is still a glut of lawyers and law schools that needs to be weeded out. All the law office has to do is tell the JDB that they were not given enough evidence to win. Would be their word vs. the JDBs on that and the law office will still collect the $1500 fee. Also, unless the case is a 5-figure case, most JDBs are not going to want to spend too much money on a 4-figure debt unless it will be a slam dunk win. In this case, they JDB probably spent between $300 - $700 for the debt and with the attorneys fees, are at $1500. That puts them $2000 in on a $8000 debt. Too much more and it will eat into their profit. Besides, the will collect on the other 98 - 99 debtors who did not fight which will more than make up for the $2000 they spent on this debt. They will also probably sell this debt for about $200.
  12. WhoCares1000

    Midland Case in AZ - I think I won??? Help

    A construction company cannot tell the contractor what kind of pickup truck to have and a painting company cannot tell the contractor what kind of rollers and brushes to use. From what I hear, Uber requires vehicles to be no more than 5 years old but I might be wrong. However older vehicles can provide reliable transportation. My 17 year old van will get you across Minnesota and even the nation just fine. That is where the problem is Uber can require that you have a reliable vehicle. They cannot require the type and age of vehicle.
  13. WhoCares1000

    Midland Case in AZ - I think I won??? Help

    So what happens then? A party saying that they cannot afford to litigate the claims against them cannot stop the litigation of claims. After all, if we can say that, then most people on this board would never have a judgement against them in the first place and we know that is not how it works. This would mean under jurisprudence, Uber will be required to go back to class action suits, the thing they tried to avoid because of expense. The issue is still that Uber tried to force individual arbitration on a group of people (potential employees) who usually have a high amount of claims which makes it worth it to do individual cases. That is where the idea falls apart as we are seeing right now. For the riders, it might still be worth it to Uber to avoid class actions because the odds of those claims being in the $1000s range are very small. So where does that leave banks? It depends on the bank and how they feel about their operations. Capital One figures that they run a tight ship within the rules and would rather face a class action than deal with arbitration, especially since most of the time, they sue on their own debt. Synchrony however is very worried about class actions and sells their debts to any takes so they will continue to have arbitration clauses. Banks are also tinkering with the clauses to see if they can get around the issue when it comes to debt collections. That is the issue with law. It is constantly changing and people/organizations figure out how to work best within the rules. We have seen the changes on boards like this and things will continue to change. Once this is done, what I think will happen with Uber is that they will remove the arbitration clause for drivers but keep it for riders. And all the above aside, I agree with you that the drivers probably do not have a claim as they probably are independent contractors. The only possible thing that can bite Uber is that they require drivers to have a newer vehicle and I am not sure they are allowed to do that with independent contractors. Beyond that, how many drivers do work for both Uber and Lyft which is a great example of what an independent is. The government of course is going to side with the driver because the government loses quite a bit of money when it comes to independent contractors because it is harder to collect taxes on independents.
  14. WhoCares1000

    Midland Case in AZ - I think I won??? Help

    But equity means for both side. Uber cannot force the plaintiff to follow the contract and then refuse to follow it themselves when it becomes too costly. To be able to back out of a contract that you wrote and should have understood the terms of while forcing the other party to abide by it is not equitable.
  15. WhoCares1000

    Midland Case in AZ - I think I won??? Help

    From what I gather, the basis of the other cases was that the contract says individual arbitration and thus the drivers should follow the contract. The terms were put in the contract by Uber and offered on a take it or leave it basis to the drivers. Therefore the onus is on Uber (and Uber's attorneys) to know that if 1500 arbitration claims were filed at one time on the basis of the contract, what the costs should be. Therefore now if Uber were to try that argument, the plaintiffs could argue that they wrote the contract, they should have known or been informed what could happen if a large number of people did find individual arbitration a financially viable alternative to their claim, and that they enforced the contract on the plaintiffs. Based on those 3 things, I do not believe that Uber's attempt to get out of paying for arbitration has any merit at this point. Regardless of whether the claims of the plaintiff have any merit or not. This issue came up because for drivers, employment rule breaches can add up real quick (for example if someone making $15/hour regular wage worked 20 hours OT for 6 months, that claim is over $3500). That makes those claims more financially viable for individual arbitration than say someone arguing over a $62 overcharge. This means that what we may see as an outcome is that companies are going to have to decide where arbitration clauses make sense and where they do not. Kinda like how Comeity Bank uses them all of the time whereas Capital One has gotten rid of them completely. Uber might keep the clauses for passengers (whose claims would be lower than drivers) but remove them for drivers.