nobk4me

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nobk4me last won the day on October 7

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  1. I doubt it. But you could always ask the court clerk.
  2. OK, I have been thinking about this. When an account is sold to a JDB, there should be 2 tradelines. One from the OC, and one from the JDB. The tradeline from the OC should indicate it was transferred or sold to another lender. I can see the JDB removing its tradeline, as you have described. But that shouldn't have any impact on the OC's tradeline, which should remain for the full 7 years. If I am understanding correctly, the OP is saying the OC's tradeline is gone as well. I doubt if the JDB could control how the OC reports to the credit bureaus.
  3. How long ago was the bankruptcy? That should have discharged all the debts you had at that time, so they should not be reporting, no matter what.
  4. Maybe I missed it, but what was the last payment date on this account? The reason I ask is Florida has a borrowing statute for SOL. Barclays is in Delaware, where the SOL is 3 years. That the account is not on your credit reports suggests it might be too old to sue on. If your last payment was more than 3 years before the date the plaintiff filed suit, you should have a SOL defense, which I would use instead of arbitration. (But arbitration should work, too.) SOL case law: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006)
  5. Oh, and unless there is an actual hearing or trial, you will be dealing with the court clerk when filing papers. Not the judge. In fact, the judge shouldn't be communicating with you, without the other party present. That's ex parte communication, which is forbidden. It works the other way too. The judge can't communicate only with the plaintiff, either.
  6. Here is a recent thread by an Ohioan. I have cited some Ohio case law there that may be of help to you.
  7. Some advice to others in Ohio: when you prepare the MTC Arb, include as part of your proposed order that the plaintiff be ordered to initiate the arbitration, in accordance with Capital One v. Rotman. Unless there is a valid reason for the defendant to want to initiate arb. Such as, the clause includes both JAMS and AAA, and the defendant prefers JAMS. If the plaintiff initiates, it's their choice, not yours.
  8. I was going to suggest cardmemberagreements.org, but it looks like it's gone?
  9. If you can't find a 2003 agreement, maybe you can find one from another date, when your account was active, and when arb was available?
  10. No, you don't have to inform the OC. Just the JDB's attorney. The OC is out of the picture at this point.
  11. This is what you can do: Synchrony has an excellent arbitration clause. Start studying the arbitration strategy now, so you will be prepared when they file suit. You can also send the law firm a DV/dispute letter. That might slow them down some, and maybe create some opportunity for violations.
  12. The case is stayed, which is the good news. The bad news is the court is requiring you to initiate the arbitration, which is contrary to Ohio law. You have two options: 1. just go ahead and initiate the arb with AAA; or 2. file a motion for reconsideration. citing the Capital One v. Rotman case. Option 1 has the disadvantage of costing you some money in arb fees (but, check the agreement, as sometimes they state the creditor will advance or pay for the arb filing fee). Option 1 has the advantage of complying with the court's order and probably bringing the case to a rapid end. Option 2 has the advantage of saving you the arb filing fee. The disadvantage is asking for reconsideration could give the court the opportunity to change their mind and deny your arb motion altogether. Perhaps unlikely, but you never know. Courts are often a crapshoot.
  13. Total BS. Consumer rules in both JAMS and AAA limit arb fees to the consumer: $250 for JAMS, $200 for AAA.
  14. And: if the plaintiff claims your motion should not be granted because you have not initiated the arbitration with the arb forum, no, that is not the law in Ohio. See Capital One v. Rotman https://www.courtlistener.com/pdf/2012/02/09/capital_one_bank_usa_n.a._v._rotman.pdf It is the plaintiff's responsibility to initiate the arbitration. And this is a case from your appellate circuit (Cuyahoga Co.), so it is controlling law in your court.