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Everything posted by nobk4me

  1. You always have the right to represent yourself. But, it is not uncommon for attorneys, judges and magistrates to exhibit disrespect for pro se litigants. You need to review Rule 53 of the Ohio Rules of Civil Procedure. Rule 53 deals with magistrates. Note that the magistrate's decision (which would come at some point) is not final. It is not the judge's decision, and under the rules, you have the right to file objections to it. You can also file a motion to disqualify a magistrate for bias. However, to prove bias, you need to have a record of what she said. Meaning, a transcript or recording. I am guessing there isn't a record? What I have seen, is these conferences with magistrates are held without a record being made. Would you be able to record the next one? Unfortunately, the local court rules often prohibit cell phones or recording devices in the court. Something else to consider, after this is over, if she really screws you over: filing a complaint with the Ohio Supreme Court: Of course, appealing an adverse ruling is also an option.
  2. If Midland doesn't go along with this (consumer bill of rights strategy), be prepared to defend the lawsuit in court. Depending on who the OC is, arbitration maybe available. Arb is the best way to beat a JDB.
  3. But see Lefkowitz v. Turley, a US Supreme Court decision that held the Fifth Amendment right does apply to civil cases.
  4. Well, to be maybe a little snarky here, most lawyers and judges do virtually no work during the month of December. Holidays, you know. They get back to business after the first of the year. Is there any indication of what this conference will be about? What you will need to prepare for it? Has the MTC Arb been ruled on?
  5. Not trying to hijack the thread here, but could you explain what is meant by "illegal skip tracing?"
  6. This is discovery sent to you by the plaintiff, correct? You are planning to object to them, right? Because if you answer them with anything other than an objection, that could be construed as participating in litigation, which could waive your arbitration rights. The best response to all of them is: OBJECTION. Arbitration has been elected, and a jurisdictional motion is pending in this court. The scope of discovery is to be determined by the arbitration forum.
  7. This is their standard response to a dispute letter. I have found NCB to be a relatively non-aggressive collection agency. They don't sue. But they do put a negative trade line on your credit report. If you are trying to clean up your credit, paying them is probably the only way to remove it.
  8. I wonder, given the approach taken by the JDB here, if it might be better, when answering the complaint, to simply admit that the defendant had an account with the OC, but not admit to the particular debt or amount in question. Thoughts, folks?
  9. Is your last payment date of July 2019 correct? It seems unusual for a creditor to sue that quickly.
  10. Could be a mistake? I have seen these local muni courts make lots of mistakes, wrong entries, entries for other cases, misspelled names, etc. Maybe call the court clerk and ask?
  11. It would help if you would start your own thread, and answer the questions listed here:
  12. Excellent outcome! Now, with the amount of the debt ($16K), you might want to consider options if they try to pursue you in Canada. I don't know if this JDB is legally allowed to do business in Canada. If not, maybe they can sell the debt to a JDB that is? I know nothing about Canadian debt collection law. I would suggest consulting with a lawyer in Canada.
  13. I agree with the folks here who have said to focus on the background and experiences of the potential arbitrators, not their ethnicity. Not all white people are your enemy, and not all people of color are your friends. For example, in the Chicago JAMS office there is an African-American woman arbitrator,. with the last name same as two recent presidents (41 and 43), who has a reputation (based on reports of people who had her as the arbitrator in their cases) as being anti-consumer and pro-creditor.
  14. I doubt it. But you could always ask the court clerk.
  15. 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.
  16. 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.
  17. 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)
  18. 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.
  19. Here is a recent thread by an Ohioan. I have cited some Ohio case law there that may be of help to you.
  20. 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.
  21. I was going to suggest, but it looks like it's gone?
  22. 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?
  23. No, you don't have to inform the OC. Just the JDB's attorney. The OC is out of the picture at this point.