nobk4me

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nobk4me last won the day on March 14

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  1. More thoughts: some googling on the TJ Maxx card shows it is issued by Synchrony, which has the best arb clause out there. It will be VERY easy to get this to go away. Research the arb strategy here:
  2. First, you will probably get more help if you start your own thread. Second, is there an arbitration clause in the OC's cardmember agreement? If so, arbitration is the best way to defeat a JDB. Even if there is no arb clause, I think it would pay to fight them in court, especially for a small debt like this. You can easily run up their legal bill with discovery (and in Ohio, they cannot collect attorney fees from you for consumer debt) enough for them to drop the case. I did this with an OC for a debt over twice as large as yours. (If you are smart enough to go to med school, you can handle this!) It would be helpful if you could answer these questions so we have the info we need to be of more help:
  3. Has the JDB responded? Arbitration is the best weapon against a JDB, if the OC's cardmember agreement has an arbitration clause.
  4. Agree that it's most likely a scam. But, I have to wonder if they are getting databases of defaulted debts somehow, that they are contacting people who have had defaults.
  5. Wait until they sue you and you are served. Then answer the lawsuit and file the MTC Arb. Hold off on filing for arbitration with JAMS or AAA, until the MTC Arb is granted. Chances are you won't even have to file with an arb forum, as the JDB is likely to dismiss the case after the motion is granted.
  6. My quick thoughts: A. Wow, the contract has been terminated? Then maybe you don't have to pay them! How dare they file a lawsuit to enforce a contract that has been terminated. Less sarcastic answer: does the arb clause contain survivability language? B. Depends on state law. But usually just filing an answer and the MTC arb is not substantially engaging in litigation. Filing discovery would be engaging in litigation. C. Depends on the arb clause language. If it says "any dispute" or similarly broad language, that should be sufficient to invoke arb, And/or you could state you have claims you wish to bring in arb (consumer laws?), but do not need to detail them at this time. I guess they want you to file a counterclaim before you could pursue arb. But that would be engaging in litigation, thereby precluding arb (argument B,). Catch-22.
  7. Is arbitration an option here? It's the best way to beat a JDB. Who is the OC?
  8. Yes, that's what it means. They won't force you to use arb, but you can still choose arb if you want it.
  9. Look in the original Dell agreement for the arb clause. And look here for info on the arbitration strategy:
  10. Doing "the right thing" is the wrong thing when dealing with these people. You thought they would act in good faith, but they did not. You ended up with a default judgment because you trusted them. Always get an agreement in writing before paying.