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Everything posted by nobk4me

  1. 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.
  2. 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.
  3. 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.
  4. Not in Ohio. They can't collect attorney fees on consumer debt here.
  5. 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
  6. 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.
  7. Since the JDB had a deadline of Oct. 29, 2020 to pay their share of the fee, and they have not done so, maybe go back to the court and file a motion to dismiss with prejudice.
  8. Check your state's laws. In some states JDBs (assignees) can't use small claims court. @fisthardcheese, any advice here? Maybe filing an arb case now?
  9. I'm not sure you would need to file 3 MTCs. (Check your local court rules and fee schedules; some courts have hefty filing fees for motions, and doing 3 motions could get expensive.) I think one MTC would do, if carefully written. After all, the plaintiff combined 3 accounts into one lawsuit. But, with the actual arbitration, you would want to file 3 arb cases. Maybe for the heck of it, if both JAMS and AAA are available, file one in AAA, the others in JAMS. A crapshoot, yes, but I think it would prevent Midland from combining them all.
  10. I would look to the arbitration clauses in the cardmember agreements. There might be a prohibition on combining arb cases. I think the fact that there are 3 different OC accounts, with presumably different arb clauses, works in your favor. You could file the MTC Arb with the court, and, after it is granted, open 3 different arb cases (yes, that will also cost you more). Let Midland be the one to argue that they should be combined. You could then argue that this puts you at a disadvantage, as you have already paid arb fees for 3 cases. All you can do is try. It might work, or it mi
  11. I don't know, I think there may be corrupt courts out there. I encountered a magistrate who acted like he had something to gain by advocating for the plaintiff, when he was supposed to be neutral. He tried to take advantage of what he THOUGHT was a stupid pro se (me). He thought he could con me into paying a creditor from my Social Security. But I know that is exempt income, and told him so. He backed down, then. So I am inclined to believe the OP. To the OP: Since they did get a judgment and are now trying to collect, if you can't pay it or set up a payment plan, you need to learn you
  12. I don't think they can garnish stimulus checks. But consumers have to know these funds are exempt, and claim the exemption. Is the plaintiff Chase or a JDB? Is arbitration available? You say you used the card for business. But was it a business card, or a consumer card you just used for business? Arbitration is a good strategy for consumer debt, but not for a business debt.
  13. Bad news. It sounds like they got a judgment against you, and are now trying to collect on it by taking assets and levying bank accounts. You got VERY BAD advice from the court, not to file an answer. That's how the plaintiff got the judgment. Usually, an ethical court clerk will say they can't give legal advice. This sounds like they are in cahoots with the creditor plaintiff. And now they just tell you to pay it. The first thing I would do is go to the court and get the entire case file to find out exactly what happened. Then, is there any legal assistance you can ge
  14. Ok, trying to get the picture here: you filed a motion to dismiss a judgment, and compel arb, which was granted in 2018. Then, out of the blue, the court enters a judgment against you this February. Did you ever go through arbitration? Did the plaintiff file anything with the court recently? The court stated: "This matter being opened to the Court by xxxxx & xxxxxx, attorneys for the Plaintiff; and the Court having given due consideration to the papers submitted by counsel for Plaintiff; and, for good cause shown . . . Motion is GRANTED for the reasons set forth in the moving
  15. Another thought: If they try to use anything you may have said to them on the phone against you in court, object, on the basis that it was a settlement discussion, which is not admissible in court.
  16. Here is the best info on arbitration:
  17. Yes. You need to insist that the MTC Arb is the ONLY thing to be discussed. Not if you can settle or make payments (unless you actually want to go that route). Note that the courts often try to push the parties to settle during these pre-trial hearings. And not very subtly, either. I mean really push (actually just you, the defendant) to give in and pay them. But you must stick to your guns, insist on arbitration, and constantly point out that there is a jurisdictional motion pending before the court, which need to be addressed before anything else. The plaintiff didn't respond
  18. Do you mean answering the lawsuit, or answering their phone call? You needed to answer the lawsuit, or they would win by default. As for answering their phone calls, as you are operating pro se, you need to be able to communicate to the other party's attorney.. But you need to be careful. Who exactly did you talk to, a debt collector or an attorney? I would refuse to talk to a collector, and only to their attorneys. If the attorney tries to pressure you into a payment plan, simply say there is a jurisdictional motion pending before the court. And decline to discuss anything further unt
  19. Another point: usually a Certificate of Service to the other party is required. This is just a paragraph at the end of your pleading certifying that you sent a copy of it to the plaintiff, and how and when you sent it. Example: Certificate of Service I certify that I sent a copy of the foregoing to the plaintiff's attorney by first-class mail on March 9, 2021. ____(Sign here)_____________________________ Your name, typed, Defendant Pro Se
  20. Well, if you're not sure it is your debt, it's best to deny everything except your name and address, if correct. As to format, look to your state and local rules of practice. Generally, you have the case caption, the same as the plaintiff did it, the title of your pleading, such as DEFENDANT'S ANSWER TO COMPLAINT, and a list of numbers, corresponding to the plaintiff's numbered paragraphs, in which you state admit or deny, or lack sufficient knowledge to admit or deny. Who is the OC? If arbitration is an option, that is the best way to beat an JDB.
  21. In general. whenever you file something with the court, you also send it to the other party, preferably that same day. You don't want them to not get it and try to move for a default judgment. Courts look with disfavor on parties playing games and trying to ambush the other party. And, no, you won't get slack on that for being a pro se.
  22. 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.
  23. 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.
  24. 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,