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nobk4me last won the day on July 18

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About nobk4me

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  1. Arbitration is the best way to beat a JDB, especially when the OC is Synchrony (free JAMS, unless they changed their terms). Best info on arb is here: @Clydesmom and @fisthardcheese know about Georgia.
  2. I would wait for them to sue. They may or may not. If they won't budge off 10% I would not try to negotiate with them further. If you sound desperate to get this resolved, they will figure you have some reason to clean up your credit, like looking to buy a house. So they will be less likely to settle on favorable terms and just file suit. You have been through 2 previous cases, so you know how to beat them.
  3. Right, they can't force you to settle. But they might try to put a lot of pressure on you to do so. You need to stick to your position, you want private contractual arbitration. I think @Harry Seaward and @Goody_Ouchless are in AZ. Maybe they have some insights?
  4. Usually charge off is about 6 months after default. So you are within the SOL. Do you know when the last payment was, to confirm this?
  5. The only time the IRS is involved concerning cancellation of debt is when a creditor sends you (and the IRS) a Form 1099C. You have to include the amount on the 1099C as taxable income, unless you are insolvent (owe more than you own), in which case you can exclude it using Form 982.
  6. Maybe I missed this . . . but when did this debt go into default?
  7. What the OP is missing is the benefit of litigation, that the rules apply equally to both parties. You have the same rights as the plaintiff, including the right to file RFAs on them. Which you should do, the more of them the merrier, consistent with any limits in the rules of practice. Bury them in burdensome paperwork. Word the RFAs in your favor, like this: Admit the defendant does not owe the debt. Admit the amount of the debt is not $xxxx (whatever they say it is). Admit the amount of the debt is $0. Admit the defendant did not open an account with the OC.
  8. I think @Bulldoger has info on that.
  9. Follow up: if you don't deny, but rather admit their allegations, they don't have to prove it. They win, game over.
  10. Look here, under consumer rules and fees:
  11. I don't know your state's rules of practice, but typically you just deny at the answer stage and don't have to specify the grounds at this time. Your answer, with denials, is basically saying "Prove it."
  12. As I stated in another response to your inquiry, if this is a consumer debt, the arb forum consumer rules will limit your fees to either $200 (AAA) or $250 (JAMS).
  13. Was this a consumer debt, or a business debt? If it was a consumer debt, you need to specify to the arb forum that the consumer rules apply. These rules limit your fees to either $200 (AAA) or $250 (JAMS).