nobk4me

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nobk4me last won the day on February 25

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About nobk4me

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  1. First, make sure the OC still has the account, and it hasn't been sold off to a JDB. Checking your credit reports should reveal this. If sold, the OC's tradeline should state "sold to another lender." If it has been sold to a JDB, you will have to deal with them, not the OC.
  2. Regarding the SOL: Chase is a Delaware corporation. The SOL in Delaware is 3 years. California has a borrowing statute, case law is Resurgence v. Chambers. If your last payment was more than 3 years before they filed suit, you have a SOL defense, IMO.
  3. nobk4me

    MTC help

    Well, what is the alternative? If you have a bad case in arbitration, you also have a bad case in court. There are advantages to arb even with an OC. First, it raises their costs. With a small debt, some OCs might prefer to dismiss and sell the debt off to a JDB rather than bleed money in arb fees. I beat an OC in court over a small debt (about $2K) just by being aggressive with discovery. This is before arb was a viable option. Second, arb is unfamiliar territory for most debt collection attorneys. They are used to filing cases in friendly courts, where they show up all the time,
  4. If the OP monitors the case through the online docket, it should be possible to avoid this.
  5. First I would note that the SOL in Ohio has been changed for accounts in writing, from 15 years to 8 years. Accounts not in writing are still at 6 years. Also, Ohio has a borrowing statute. The OC here is a Delaware company, where the SOL is 3 years. Ohio would honor Delaware's SOL, if that is where the payments were sent. I know, it's immaterial here as the debt is not that old. But I thought I would point that out for anyone else from Ohio who sees this thread. Second, the JDB did you a favor by attaching the loan agreement to the lawsuit. Said agreement contains an arbitration
  6. Wow, that's amazing. I'm surprised they settled so easily.
  7. Not sure about that one. Having two cases makes it more expensive for them, but also for you. It's possible the arb forum, either sua sponte or on the motion of the JDB, might combine the cases. @fisthardcheese, what do you think?
  8. Note, if you choose to use arbitration, you should not answer their discovery, as doing so could waive your arbitration rights. But, you can't just ignore their discovery. If you choose arb, file the MTC Arb ASAP, and respond to the discovery requests with an OBJECTION for each, the objection being 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.
  9. In order to get a good settlement, you need leverage over them. Violations of collection laws are one type of leverage. Arbitration is another. So they don't want arbitration. That is not surprising. But what they want is immaterial if the OC's agreement contains an arb clause and you file the MTC Arb, and the court grants it. Then you have them over the barrel. Yes, you may have to pay the JAMS fee, but I doubt if you can settle either debt for less than $250 without using arb.
  10. Is there an arbitration clause in the OC's agreement? Arbitration is the best way to beat a JDB.
  11. You could ask them to communicate by email. That way you have a record of the communication, and you won't be pressured to say anything that might hurt your position. You will have time to think about your responses. Note that if you are answering the lawsuit as a pro se, you do need to be able to communicate with their law firm.
  12. After you have been sued, you need to file an answer, then file the MTC Arb. After that is granted, then you file for arbitration in the arb forum, unless the court order granting the MTC specifies that the plaintiff should file. You need to follow any specific instructions the judge gives in the order. I would recommend JAMS if it is available in the agreement.
  13. The Cap One case is odd, IMO. I thought they had removed the arb clauses back in 2010 or 2011. When did the client default? If it was back then, then the SOL should have run out? Or maybe Cap One or their attorneys made a grave mistake in attaching that agreement.
  14. You might want to search for attorneys who specialize in FDCPA cases - which I think you have here. But, I understand that your first priority is getting the court case dismissed - and you DO want a dismissal, not a settlement. These bottom feeders deserve nothing. They are the 3rd JDB. Imagine how little they paid for this debt - maybe less than a penny on the dollar? If you use arbitration, you could probably get a dismissal on your own with the maximum payment of $250 in JAMS fees. But I understand you may not be comfortable going to court and through arbitration as a pro
  15. It's not quite clear . . . are these lawyers going to represent you in the debt case in state court, or are they going to file a FDCPA case in federal court? Usually consumer attorneys who take FDCPA cases do not charge their clients, as they can recover attorney fees from the debt collector defendant. It depends on what you are comfortable with, and what you can afford. If this were my case, I would keep looking for lawyers. I think you have a FDCPA case here. The JDB is trying to collect on a debt they claim was sold to the first assignee in March 2017, while the OC was still sendin