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nobk4me last won the day on March 31

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  1. Applicable case law on CA's borrowing statute is Resurgence v. Chambers:
  2. Who is the OC? What is the amount of the debt (ballpark number)? It might be too late, as the case appears to have gone pretty far, but have you considered arbitration? Is there an arb clause in the OC cardmember agreement? If you want to pursue arb, you should not file discovery. Alaska is a GREAT state for the arbitration strategy. Under consumer rules, you are entitled to an in-person hearing, in your home town. The JDB has to pay the arbitrator's fees and travel expenses. Usually they will give up.
  3. You need to check your state and local rules of practice, but what I would do is respond to their motion, show evidence the case was settled, and you paid the settlement, so the proper outcome is dismissal WITH prejudice. The case is settled and over. I wonder if their strategy is they want to sell the balance to a JDB, who, if the case is dismissed without prejudice, would be able to sue you.
  4. First, in Ohio JDBs can't use small claims court. So don't worry about any small claims exemptions in the agreements. Second, now that I see your strategy, go for the Motion for a More Definite Statement first. I was skeptical of using that, as it has not been very effective in Ohio courts lately, as a stand-alone strategy to get the JDB to go away. Arb is generally more effective. For the MTC Arb, you would use the standard templates, attach both agreements, and include a separate paragraph for each account, explaining the arb clause in each account.
  5. I would just file an answer and a MTC Arb. Once the motion is granted, you would file two separate arb cases. Which is good, as that doubles their costs.
  6. This looks like it is court-sponsored arbitration. Which is NOT what you want. You want private, contractual arbitration in AAA or JAMS. I am assuming you filed a MTC Arb, and the contract specified either AAA or JAMS, or both? Did you stress that you sought private. contractual arbitration?
  7. Motion to Compel Discovery. And, if they try to introduce any evidence they did not provide in discovery, you can object to have it excluded. And, Admissions are deemed admitted if not answered.
  8. What I would do is point out to the JAMS Case manager that the contract specifies that the respondent is supposed to pay for fees. Portfolio has stepped into the shoes of the OC here. Ask JAMS to bill the JDB for the $250. You shouldn't have to pay the filing fee.
  9. Are you sure this really is a JDB, and not a scammer pretending to be a debt collector? Being called from different states seems scammy. Suing a scammer is an exercise in futility.
  10. Also check your state's arbitration laws. Most are modeled on the Federal Arbitration Act. Often, if a judge denied a MTC Arb and request for a stay, that order is immediately appealable. No need to wait for the end of the case.
  11. Not in Ohio. They can't collect attorney fees on consumer debt here.
  12. Yes, arbitration is the best way to beat this. You need to file a Motion to Compel Arbitration ASAP, as soon as you find the card agreement with the arb clause. Note, if you do choose arb, you don't want to engage in discovery. So don't send discovery to the plaintiff, and if they send discovery to you, you need to OBJECT to all of them, on the basis that arbitration has been elected, there is a jurisdictional motion before the court, and the scope of discovery is to be determined by the arbitration forum. The reason for objecting is participating too far in litigation can waive your
  13. That means, unless the judge allows it, corporations can't use small claims court. JDBs are corporate entities, not a real, natural person. A human being can represent him or herself. A corporation has to have an attorney. If they try to use small claims with an attorney, object strenuously. If they have an attorney and you don't, that puts you at a disadvantage. And you can't afford to hire a lawyer.