eber3

Members
  • Content Count

    121
  • Joined

  • Last visited

Community Reputation

10 Good

About eber3

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    Michigan
  1. You know what, screw it. I'm going to do what I should have done a long time ago and contact legal aid and try and get a lawyers help. I keep think it's unnecessary and I've done what I had to do, then it comes back for another round. I can't do this anymore. I'm not going to be able to work now today because I'm all worked up and upset. Now I'm sure the crap1 lawyer will try to pull something else next. I'm honestly on the brink of committing myself to the loony bin. This crap is literally driving me mad.
  2. But I'm sure they will argue that until I paid the fee, the court didn't lose jurisdiction. And this judge is just looking for a way to screw me over.
  3. Midland owned HSBC account. At the last hearing the judge said as long as I submitted a JAMS acceptance letter before today, when the plaintiff had a MSJ scheduled, the case would be stayed. I submitted it two days later, almost two weeks ago. I called in Wednesday of last week to confirm that both this case, and my other one, were stayed and that the upcoming court dates were canceled. They told me they were. TODAY, four hours before the MSJ had been scheduled to be heard, I got a call from the court saying the hearing was back on. I never even got the message until 1:30. My car wasn't even running, I worked on it in the pouring rain and luckily I got it running at 3:03 and barely made the hearing. I had no other way to get there. Plaintiff says, Defendant hasn't paid the $50 initiation fee so SJ should proceed. I told judge, "You told me to submit acceptance letter and case would be stayed. I did that." Long story short, she (judge) told me I have until May 26th to submit proof from Jams that my obligations, aka $50, have been taken care of or she will rule in their favor on the SJ. Now here's the real kicker, Plaintiff say they want court cost regardless because they have all they need to make their case and arb is a waste of time and money and they've had to send himself (rent a lawyer) twice now plus their other expenses. She said she'd note they wanted to "maintain cost"?, I forget the exact wording she used. Something to that effect. So I take it they are going to try and get court costs awarded regardless of whether it goes to arb. WHAT THE HELL?!?!?!? I elected arb before I even filed answer. I've maintained that fact at every hearing and in every motion and response in the case. What the hell right do they have to ask for court cost when they have violated cc agreement and FAA every step of the way. Every one of their cost was accrued after I elected arb, meaning they had no right to litigate anyway and if they'd complied with the cc agreement and FAA they'd have had no cost. Even their initial filing fee wouldn't have happened if they'd sent me a dunning letter instead of their initial communication being a summons. I'm really pissed off. EDIT: Plus you know they probably won't pay their arb fee, which means I'll end up out that and court cost on a cast that never gets heard anywhere and then Midland will sell it to somebody else so it can start all over.
  4. So I got a letter from Crap1 which states; "Thanks for contacting us about settling your Capital One account. An outside agency TSYS, is currently managing your account on our behalf. Please call TSYS toll-free at 1-800-260-1706, and one of their representatives will help you. The representative will review your account for available payment options for your particular situation. Calling the agency will also show that you're making an appropriate effort to settle your balance in a timely manner. We appreciate your efforts to pay your account balance. Sincerly, yadda yadda" Now first off I didn't contact them about settling, I filed for arbitration with JAMS. Now they are foisting me off to some debt collectors. What should I do here? I've thought about it, the limit on the alleged cc was 4k. No way am I paying anything on the fees, lawyers, etc they added to that. No way can I agree to monthly payments, my income is to unstable. The very most I can offer is 5% or $200.00, if they give me a year to pay it. That is the very most I could possibly afford, and only with a year to save it. Should I deal with this TSYS, or demand to talk with Cap1? How should I phrase my offer? And what other things do I want to add to my offer? For instance I know I want that 5%, if they accept it, to close the account without any possible chance of future collection efforts. How do I state that and what else do I need to make sure is in the settlement agreement?
  5. What is the difference between streamline and comprehensive arb? I know Trueq has said to do the comprehensive, but I'm wondering what the advantage is? What does comp get a consumer that stream won't?
  6. Well honestly I feel like you're talking about me. But my hope is that the cost versus the relatively low debt, $6k, coupled with the fact I grossed $7k last year will clue MEGA BANK into the fact that pursuing this in arbitration will net them nothing... and cost them more money. If I'm wrong, I'm screwed, but probably no more than the SJ in court.
  7. My motion to strike the affidavit was never scheduled to be heard. I filed Arbitration and just got that fact cleared with the court. So, Midland will have to take me to arb to try and collect now.
  8. To my understanding the Federal Arbitration Act, which basically says that arbitration clauses in contracts have to be honored, over rides all state laws. The Fed arb act basically over rules all state arb laws and, in effect, makes the arbitration clause in the agreement the governing rule enforced by Federal law.
  9. I'm not to worried about the Cap1 case. They'll pay my fees if they have too in order to go to arb, if they decide to do that. I could request Midland pay my fee, but there's no way they will. I'll just have to pay it out of my tax return, luckily I have one due me soon. I just hope I get it before Midlands lawyer tries to go back to court because I didn't pay.
  10. The opposing attorney was attempting to use the fact I hadn't paid as a reason to get arb denied by the court. Because of that I went ahead and filed a fee waiver form to cover the $50 I'm responsible for per the HSBC agreement. Got an email from JAMS today saying by statute that they can't accept a fee waiver for cases in IL. I'm in MI, so I assume they mean because I sent to the closest JAMS office in Chicago. If I'd have know that I'd have filed in New York instead. Now I'm not sure what to do. I can just see the lawyer running back to the judge saying, "He hasn't paid! He hasn't paid! Give us our SJ!!!" So, what I either pay the fifty bucks, which I don't have, just to see them never pay their $750 initiation fee. Or I don't pay and wait to get bit in the a$$ because of it. I don't even want to think about the Cap1 case where I'll need to cough up $250. Being poor sucks.
  11. When I write the order for a stay, should just say, "stay case pending outcome of arbitration." Or should I say, "stay case for XX days pending outcome of arbitration."? If I do ask for a time limit to stay, how long? And without one, how long should I wait before going back and asking for a dismissal?
  12. Well I see where you are coming from. I am fairly confident that Crap1 won't go to arb because they will spend almost as much to do that, or more, than I owe. I only got into the other stuff, "judgment proof", etc, after lilq said they won't accept mutual dismissal. I'm still fairly certain they will, unless they are just incredibly dumb and like wasting thousands. However after lilq's comments I just thought out possible outcome if that scenario is true.
  13. Went to my hearing to dismiss and compel arb for my Midland owned HSBC case today. Opposing lawyer tried to get judge to rule on the SJ they filed. I had to point out to the judge that that motion was set to be heard on May 7th, not today. Todays hearing was for my motion to dismiss and compel. I told the judge I had elected and initiated per the HSBC card agreement and that the agreement states it is binding on successors and assignees. She, the judge, asked if JAMS had accepted the case. I told her I hadn't heard back from them yet. Lawyer then went into how they'd written an order to go to arb back in February and I'd refused. I told judge I didn't refuse to arbitrate, I refused to arbitrate under the restrictions the opposing counsels order placed me under that were contrary to the CC agreement. I then explained how they wanted me to sign saying I pay all the fees and if I didn't, it would give them the right to proceed in court. Both of those points are contrary to the agreement. Pointed out that Election waived both parties rights to litigate and just because I elected doesn't mean I had to initiate. At this point the judge bitched me out saying, "Why should they have to pay to initiate? You're the one that wanted to arbitrate." She then told me that I should have signed the opposing counsels order back in February and that I was wasting the courts time. She then demanded to know why I wanted to arbitrate anyway. I told her, "My understanding is that that forum is much less formal and wouldn't rely on me having to write multiple motions, write answers to the same, and require me to attend multiple hearings. All of which I have no experience with and have a hard time doing properly." At that point I could tell she wanted to rule against me. She said to the lawyer, "Unfortunately he is correct that the SJ isn't set to be heard until May 7th. He has that long to provide a JAMS acceptance letter or I will rule in favor of your SJ." She then told me that if I submit an acceptance letter, to court and opposing counsel, in time she will cancel the next court date. (Strangely enough she said the same thing about canceling the next court date in both my cases, but never actual said if the cases would be stayed or dismissed.) So, if their motion had been set for the same day as mine, as my other case was, I'd have lost. Apparently she thinks I'm just a dumb@ss and had no right to expect them to pay to make their own claim in arb. And further I'm not even allowed to get a ruling on compelling them to arb, I'm just supposed to do it myself and sign whatever JDB wants me too. First thing I did when I got back home was call JAMS and tell them of my deadline and ask if they could expedite their acceptance letter. Guy told me he'd take care of it personally tomorrow and said I'd have correspondence from them by the end of the week. Now I'm just worried about whether they will accept. I know the local lawyer has already been in contact with them trying to get my arb denied by claiming I have no right to arb FDCPA claims.
  14. Why? To what? Arbitration got me out of a SJ, whether it gets me out of the situation all together I guess is up in the air. Depends on whether Crap1 wants to throw good money after bad I guess. So far they haven't contacted me in an attempt to work anything out.