WhoCares1000

Members
  • Content Count

    3,906
  • Joined

  • Last visited

  • Days Won

    59

Everything posted by WhoCares1000

  1. What happened here is that first the judge got mad because their performance is based on case management and he thought that this was an easy default that the plaintiff law firm forgot about and turned out his team messed up. The judge however did not want the appeals court to find out that his team messed things up so had to refuse the default and move the case along only to find that the plaintiff law firm was not following the rules either. His team messed up because there are so many cases being filed in courts and the court systems in this country are so underfunded that mistakes are bound to happen. First lesson here is to keep your thumb on everyone. You as the defendant are at an advantage here because you are only managing one case whereas the plaintiff law firm is managing 1000s of cases. As for the plaintiff law firm, once they realize that you intend to fight the case and you are serious, they will walk away because it is more cost effective to take the loss on you and move on to lower hanging fruit. They take it as far as they do because they want to see how serious you are in fighting the case. In your case, it also helped that you told the attorney you are collection proof which means it does not matter how much they spend on the case, they will not collect anything. The arbitration path follows the same pattern, the plaintiff seeing how far you will go and when it becomes cost ineffective to collect, they walk away. This works because 98% of the defendants do not answer and thus are easy pickings for the plaintiff with default judgements. As for the default and not answering rate, you are not going to change that no matter what you do. It is known that most people in this situation hide their heads in the sand and think that everything will end OK, at least until the wage garnishment and/or bank account is cleaned out. We see that on this site all of the time. In Minnesota, due to abuse of the pocket docket system here, the legislature passed a law that required, among other reforms, that the summons and complaint have on it, in big red bold letters, at statement saying that you are being sued and that you need to answer within 20 days to preserve your rights. Before the reforms, the default rate was 98%. After the reforms, the default rate is...................................................... 98%. If the legislature cannot change the rate, we do not stand much of a chance although we can certain try. In any case, congrats on your win. It is a well fought victory, even if it is anti-climatic.
  2. I am surprised that the motion was granted considering it was not served on you unless them mailed that out too. I am not sure of the process (whether you need to file on the motion that has already been granted or you need to file a new motion) but you need to inform the court that you are not receiving the documents that the plaintiff is claiming that they sent you.
  3. The thing is, we can infer on our own what the settlement is but the OP cannot say what is contained in the settlement. True that they do not want people to know what makes them settle in this case but most people who find out about the arb process will probably not looking at any singular case but instead on forums such as these. Besides, 98% of the people totally ignore the summons and complaint (hide their heads in the sand so to speak) rather than look up anything that could be used to defend against the creditors. Hell, here in Minnesota, to reduce the Pocket Docket issues, the legislature requires, in big bold red letters, that the defendant is told that they are being sued and that they must file an answer in 20 days or a default will be entered against them on the summons and complaint and the default needle did not move even 1%.
  4. The MTC is probably fine to discuss (along with the creditor and appx. amount). What the OP cannot talk about is the settlement itself. All they can say is that the case has been settled.
  5. The case information such a creditor and how much the OP was sued for is public information as is the dismissal of the case based on out of court settlement. The settlement terms themselves are not public record because a court did not rule on the term. If you were to look up the case, all you would find is the summons, complaint, service filings, answer and service filings, maybe an MTC arb and then a dismissal, probably with prejudice, which states that the case was settled out of court. You would not find any settlement documents. So, the OP can state who the creditor was that sued them, for how much, and that the case was settled. The OP cannot talk about the settlement. That said, we can infer as to what the settlement was and that is it. That said, I would suggest to the OP however that once they said that the case was settled, that is all they say and walk away from any discussion beyond that.
  6. Was this a lawyer who works for a debt collector or a lawyer who works for consumers. If the former, of course they would want to talk you out of arbitration because it is not cost effective for their clients who want to collect on debts they paid pennies on the dollar for.
  7. I would suggest that you talk to a BK attorney because you have an interesting situation that might not be covered by ordinary rules.
  8. You would probably have to borrow the funds from a different lender because I am sure Nissan is not interested in loaning money to you anymore. The problem is, your credit score puts you in the subprime lending group and I doubt you would find anything under 10% and more likely in the 15% to 20% area. If you loan with Nissan is less than that, you are better off keeping it with Nissan, even if it is closed.
  9. 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.
  10. 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.
  11. 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.
  12. 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.
  13. 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,
  14. 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.
  15. If this is their first request for a continuance on discovery, it will probably be granted regardless of you opposition.
  16. 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.
  17. 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.
  18. 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).
  19. 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.
  20. 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.
  21. 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.
  22. 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.
  23. 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.
  24. I will say this, consider what is the worse that will happen and plan for that. If they can only levy bank accounts, then close your bank accounts and go to a cash basis until you can settle this/
  25. You are in California. Some counties in California were 2 - 3 years out on hearing cases before COVID hit. Now with COVID hitting California hard, who knows when the case will be heard. In any case, keep a watch for activity but use the time to determine what your next step will be and to get the paperwork ready so that you are ready to go when things to get going. Also, determine a possible settlement amount and get that prepared to offer if this goes on for too long. PA might be willing to take 50% now rather than waiting for the court if you have cash on the barrel to do the deal (and note that you can offer a deal without admitting that the debt was yours, that happens all of the time in business and settlement negotiations cannot be used against you in court).