nobk4me

Members
  • Content Count

    1,741
  • Joined

  • Last visited

  • Days Won

    25

Everything posted by nobk4me

  1. If arbitration is available, I would go with that. Being in Alaska gives you some advantages, I think. If JAMS is in the contract, you are entitled to a hearing in your area. Imagine the travel expenses for an arbitrator based in the east coast to Alaska. Expenses which the JDB will have to pay.
  2. More details would help us help you. Please answer the questions in this thread: Note, depending on who the OC is, arbitration may be available as an option. That is the best way to fight a JDB. If you do choose arbitration, you do not want to engage in discovery in the court.
  3. LVNV is well known for its whack-a-mole tactics.
  4. Read the thread by Fisthardcheese, that I linked in my reply above. That should answer a lot of your questions.
  5. Best info on arbitration: And, don't worry about the small claims language. You are being sued by a JDB in Ohio, where JDBs can't use small claims court. For a debt less than $1K, I doubt that the JDB will want to spend thousands of dollars in JAMS fees for this. I predict a dismissal if you file the MTC Arb. Check out threads by @MikeB35 for examples of winning MTC Arb.
  6. Right, but Discover ignored the election of arb and went ahead with the lawsuit. And it's not clear what the OP has done in response to the lawsuit.
  7. Is the OC Synchrony or Cap One? In your original post, you said Synchrony. In which case, arbitration is available and is the strategy you should use.
  8. Did you answer the lawsuit? Did you file a Motion to Compel Arbitration with the court? If you didn't do these things (and it sounds like you didn't), then do them NOW, and hope it's not too late. Just requesting arbitration isn't enough to stop a lawsuit. Even filing in JAMS won't do it. They will file the lawsuit anyway, and you need to answer it and move to compel the court to stay the case and refer it to arbitration.
  9. That should happen. but sometimes doesn't. But, if there is a hearing on your motion, I would stress this point, that you filed a motion, the plaintiff failed to respond to it, and therefore, the motion should be granted by default.
  10. This may not help with the debt case, but could you file a complaint against the dentist with a state licensing board, attorney general, or other consumer protection agency? Bad behavior by "professionals" should not, IMO, go unchallenged and unpunished.
  11. I would not bother filing a case with JAMS unless and until the MTC Arb is granted. If the arb motion is denied, you are just wasting your effort. Did you file the MTC Arb before the plaintiff filed for summary judgment? Could you move the hearing up, before June 13, on the arb motion? It would make sense to hear the arb issue first, before anything else, since it is challenging the court's jurisdiction. To successfully fight a SJ motion, you need to demonstrate a genuine issue of material fact that is in dispute. That you have their SJ motion and your arb motion both before the court at about the same time greatly complicates things. The only thing I can suggest is to object to their SJ motion as there is a jurisdictional issue before the court. This will be easier to do if you filed your arb motion first. @fisthardcheese, do you have any suggestions?
  12. To find card agreements: 1. https://www.consumerfinance.gov/credit-cards/agreements/ 2. www.cardmemberagreements.org
  13. If you were not served, you should be able to get that judgment vacated for lack of service. I would suggest consulting with a consumer attorney.
  14. Who is the OC? Arbitration, if available, may be your best strategy.
  15. Your best strategy is arbitration. The OC here is Synchrony, which has an excellent arbitration clause. Find out more about arbitration here:
  16. And the best Plan B is arbitration, when it's available.
  17. Have you ever sent a DV letter, disputing the debt? That's what I would do.
  18. As I understand it, the OP doesn't owe approx. $1000, he is past due by that amount and the total outstanding balance is $6400. Is bankruptcy an option?
  19. I would consider it a win, and accept the dismissal without prejudice. It is very unlikely they would sue you again. If they do, then it's a matter of "rinse and repeat." You just file the MTC Arb again. Same thing if they sell the debt to another JDB. Rinse and repeat. And the SOL clock is ticking, and eventually the SOL will run out. I suspect other people here might urge you to push harder, and go for the with prejudice, off the credit reports, etc. But I take a more conservative approach. This is a WIN. You went from experiencing a hostile, pro-creditor court determined to slap you with a judgment to a dismissal. I wouldn't get greedy here.
  20. I would file a Motion to Compel Arbitration, ASAP.
  21. The blanks are from an earlier time before the cases were officially reported. You can google the case names and get the official citations. And you won't need the citations to slip op. then, either. That is also a reference to an opinion before it is officially published.
  22. As for recording, I think California is a two-party state. Both parties have to know it's being recorded.