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GettingBackUp

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  1. PLEASE help!!! The $8000+ lawsuit against me is up for a Lack of Prosecution hearing in about a month....I was feeling GREAT about it until I heard of "tolling"....? The last activity on my debt was about 7/07 and they filed the lawsuit 11/08 I thought the SOL (VA choice of law) would be up this month = 3 YEARS so I could just use SOL to win if they chose to sue me again on this account. Now, I read that the SOL stops the day they file suit...Debt is tolled....Is this right? Since I would have to use VA choice of law for VA's 3 year SOL, I guess my question is : Is that VA's tolling provision/law/rule? Let's say the lawsuit does indeed get dismissed in a month....What if I filed for arbitration with Jams if they sued me again? Would they consider the debt to be tolled for the nearly 2 year time it went with no activity? Any help greatly appreciated. Illness & then death in family started financial problems....I am now dead broke so bankruptcy will be something I have to do if they get any judgement.
  2. Hi everyone. A while back I mentioned I had a $8000 credit card lawsuit that has been just "sitting" for over a year. Here is the major information on this. 1. I got summons 11/08 (Florida / Cap One account) 2. That same month I sent request for production of documents, pro se notice of appearance, denial of debt (sworn statement), cease telephone communication, etc. 3. About a month later (the end of 08) a got a motion from OC lawyer for enlargement of time. 4. They finally sent some of the stuff I asked for…around Jan of 2009. 5. 17 months later I get (from the Court not OC lawyer) Motion and Notice Of Lack of Prosecution. Here is exactly what I recently got in the mail: I will follow with my key questions about it. I am new to all of this so any help / advice will be tremendously appreciated. MOTION AND NOCE OF LACK OF PROSECUTION PLEASE TAKE NOTICE, that it appears on the face of the record that ten (10) months has elapsed immediately preceding service of this notice since any record activity has taken place, and no stay has been issued or approved by the court, and it does not affirmatively appear from the filing of pleadings, order of court, or otherwise, that this action is being prosecuted in accordance with the Florida Rules of Civil Procedure therefore: 1. The Clerk of the Court shall give appropriate notice of these proceedings by mailing a copy hereof to counsel of record for all parties or to the parties themselves, if they are not represented by counsel. Pursuant to rule 1.420(e), if no such record activity occurs within 60 days following the service of this notice, and if no stay is issued or approved during such 60-day period, this action may be dismissed by the court on its own motion or the motion of any interested person, whether a party to the action or not. 2. The action may be dismissed after reasonable notice to the parties, unless a party shows good cause why this action should remain pending. Good cause must be shown in writing at least five (5) days prior to the hearing set in Paragraph 3. 3. If a showing of good cause is filed as provided in Paragraph 2, a hearing shall be held on Tuesday, the 24th day of August, 2010 at 9:30 A.M. before the judge at the County Courthouse (the give the address also). At this hearing will (a) determine whether good cause has in fact been shown, and ( schedule this matter for further proceedings. ATTENDANCE AT THE ABOVE HEARING IS NOT NECESSARY IF, PURSUANT TO A SHOWING OF GOOD CAUSE, AN ORDER OF GOOD CAUSE IS PRESENTED BY THE COURT PRIOR TO THE HEARING. Question 1: Am I understanding this Motion and Notice right? What I read (from paragraph 3) is there will not even be a hearing if the plaintiff doesn’t file something to establish good cause. Is that right? Question 2: If the plaintiff doesn’t file anything within 60 days should I file something or just let the Court dismiss the cause on their own? Question 3: Let’s say the plaintiff does file something and there will be a hearing and I need to show up. Any advice on what I should or should not say or do at a Lack of Prosecution Hearing? Question 4: I owed about $8000 when the lawsuit was first filed….by the time of the Lack of Prosecution hearing it will have been almost 2 years. Will I have to pay 27% interest on top of the amount on lawsuit for all of that time? That will be another $4000+ !!! It doesn’t seem right that I would have to pay all of that interest as I haven’t done anything to stall the case. Question 5: And this is a big one. When I first filed my response to the suit I sent a typical sworn denial letter, and asked them to validate the debt and to send me all the usual things asked for (according to this site). I, however, didn’t assert any type of “defenses” and I never asked for a jury trial, I also didn’t say anything about arbitration. (I didn’t have the credit card agreement at the time so I didn’t even know that option was available to me.) Now my question is can I still assert defenses? Can I still ask for a jury trial? And can I still “elect” arbitration? Any help or advice on my case will be GREATLY appreciated.
  3. All advice is really appreciated. Oh, I hope everyone on this site will have a great New Year!
  4. Your advice is greatly appreciated!
  5. Thank you tropicaljo, Bigwoodystyl, and GH0104. Regarding GH0104's "there are no guarantees they won't sell throw the remainder of your debt out the back door and let JDB's scrap over the leftovers"...After final payment, I get letter stating account is "SATISFIED...settled for less than full amount"...wouldn't that prevent any collection on this account? Since I will have to pay tax on the amount they didn't collect...paying anything else doesn't make sense..? My belief was this account would be DONE WITH.... now I am wondering....Advice, info, appreciated.
  6. Thanks Trueq , I sent the lawyers a cease telephone contact and they call all the time (I have NEVER spoken to them...not a single time, I just know they call by seeing their number on my caller id)....with that in mind I know they don't pay much attention to the law....so my thinking is if I sent them an arbitration request they could/would still sue me and just say they never got arbitration request...I guess a better question would be how could I "prove" I sent them this request? Thanks again for being so helpful to so many of us on this site!
  7. Right now the attorney that brought suit on one of the accounts has another one of the accounts in his office....the other 2 are with 2 different collection firms....The SOL on all of the accounts should run out in around 6 months.
  8. I am being sued by Cap1...that case has been pending for a year. Since I have 3 other Cap1 accounts I was wondering if they are likely to sue on those OR wait until they see how the first case they sued me on goes...I am going to fight / drag that one out as long as possible.....which would mean the others would be past SOL before it is settled. Any advice greatly appreciated and have a great New Year everybody!
  9. I got it in writing...a few payments to take care of it. Oh, it was "settled for less than full amount"...didn't know I could have asked them to state it was "paid in full"..I did owe the roughly 8 grand so when I said "how about 3grand" and they agreed...I kind of just shut up and let them fill out the paperwork.
  10. Hi everyone! Hope all will have a wonderful New Year! I just got off the phone with the orginal creditor (written contract for credit). I owe them around $8,000.00. (About $6000 + Interest). The account was charged off earlier this month. I am off of work today and when I got something in the mail from them I decided to give them a call....I NEVER call my creditors but since this is the one and only account that the SOL is more than a year away I decided to "see" what kind of deal they would give me. I just want this worry off my back if you know what I mean. At first they wanted PAYMENT IN FULL. I just laughed it off and mentioned the probability of bankruptcy....they quickly changed their tune and started talking about "payments"...and then reducing what I owe....I'll admit I was kind of shocked at how FAST they cut my balance in half....then I just kind of threw out an amount that works out to 40% and they were like "DEAL"....just like that. Debt taken care of....Now I wonder if I could have gotten them to take less....maybe even much less. What do yall think?
  11. Thanks a million david9041xangelx! I REALLY appreciate the information. I'm sure it is going to help me tremendously!!! I am going to start visiting those sites today and learning all I can. I hope you have a wonderful New Year!!!!
  12. WOW! Thank you MGO5! Your statement: "you really have 4 months because you could use Virginia choice of law which is three years." That is the BEST Christmas present ever! I am going to take your advice: "Let this sleeping dog sleep until it wakes and then you deal with it." The lawfirm that is sueing on that one Cap1 account also has another one of my defaulted accounts (also Cap1) and I don't think I should "wake them up"....at least not until the SOL has taken place. In the mean time, I am reading and learning all I can about credit card lawsuits, court procedures, motions, defenses, arbitration, etc....So much to take in but this site and kind people like yourself make it possible. I am going to look up Erik Kardatzke next. Oh, I do have one question: "IF" they do sue me on one of those other cap1 accounts (before the 3 years for Virgina law) and I do "disappear" for a couple of months so they cannot "serve" the summons...could I then use the SOL against them? even though they filed the lawsuit before SOL? Maybe a better question is do I have to be served with lawsuit before SOL for it to matter? Have a wonderful day and THANKS AGAIN, GettingBackUp
  13. Hi there. Thanks for your reply. I found a site that lists Florida's procedures (tried to include link here but don't have 20 submissions yet) I see a "form" about lack of prosecution...but it looks like the form the judge would send out...Do you know if there is a form for the defendent to request / motion the court for dismissal for lack of prosecution? What should I write/say? If it has been a year since last activity, will the judge automatically grant motion or will he contact law firm to see if they want to continue with prosection? I'm reading / learning all I can to help with this matter. All advice is greatly appreciated. Thanks in advance and have a wonderful evening. GettingBackUp
  14. Hi everyone and Merry Christmas. Let me start by saying I live in Florida and was served a lawsuit (around $8,000) back in October 2008. It was from a known JDB / law firm in south Florida. The Summons included a Complaint that said I owed $$$$ as of date**** and then there was a Affidavit that said I owed A DIFFERENT AMOUNT as of the very same date as the Complaint. VERY WEIRD I THOUGHT. Oh well, as this was my first lawsuit, I sweated a lot and then read EVERYTHING I could online and even bought a “program” on what to file regarding credit card lawsuits….with that in mind, I promptly “answered”….including Certificate of Service, Pro Se Notice of Appearance, DV Letter, my Dispute/Answer, my request for Production of Documents, and a Cease all telephone contact letter. The firm representing Cap1 asked for a 60 day extension and in about 45 days I received a packet of documents from them….My first request was for the alleged credit application with my signature…there answer was “None available.” Most of my requests (like my request for a notarized statement by a person with original knowledge of the alleged debt was answered with “Objection…this request is vague, ambiguous, overbroad,….etc…” Though they did send most of the statements for the account in question…dang. Well, since that time (December 2008) I have heard absolutely NOTHING from the court…..I even called the clerk of court’s office to see if they had heard anything regarding my case and they acted like I was crazy for calling them…saying something like, “You filled your paperwork….now you are supposed to work it out with them…” Oh well I thought. The Clerk’s website shows my case as “Pending.” I, HOWEVER, have heard from the law firm….well, kind of…they call every other week or so….I have NEVER spoken with them…ever. I just keep seeing one of their numbers on my phone so I know they have called. They sometimes leave a message as well. At first I tried keeping up with when they called because I knew they were violating the law calling me after I had sent them the Cease telephone letter…but then I wondered if they would just say they didn’t get the letter…(Though I did file a copy of the letter with the court the same day I answered the Complaint.”) From what I’ve read online regarding this law firm, they are true bottom feeders…..I, however, do think Cap1 still owns this debt….at least they did at the time of the suit. Ok then… now for my questions/concerns. For starters, I am FLAT BROKE….and have about 5 other accounts that have also defaulted. (All of the accounts are around $5-8000.) (3 of these other accounts are Cap1 accounts as well). I have about 16 months to go before SOL will start kicking in on all of my accounts….the SOL in Florida is 4 years) I haven’t been sued on these other accounts as of yet. Question 1. What should I do about the case that is “Pending?” I’ve thought about Motion for Arbitration to force them to stay/dismiss the case in court but I’m kind of worried that might “wake them up”….I mean it has been over a year and nothing at all but a few (illegal) phone calls. I haven’t had a court hearing of any sort as of yet so my thinking is I will use the Arbitration card when/if they try to get the court ball rolling again. Question 2. Since I am relatively close (if you can call a year and a half close) to the SOL on the other accounts….should I wait about 6 months or so and then notify all my remaining creditors that I elect arbitration to keep them from filing suit in court…I guess my question is if they win in arbitration but do so after 4 years (SOL) can they then file a lawsuit / take me to court to collect? Question 3. I am very intrigued with the idea of filing claim against Cap1 via JAMS. I just don’t fully understand how to do it… My question is what is a typical thing (if there is such a thing) that I could easily file against a debt collector/OC. I’m sure they have violated my rights a million times…lol…but just some ideas regarding what to focus on/look for would be extremely helpful. Finally, let me say that Trueq’s information regarding arbitration has been a true blessing to my life….I now know I have a viable option to get out of court as well as the most important aspect for me at this moment in my life: MORE TIME to deal with the debt. GettingBackUp
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