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Everything posted by nobk4me

  1. They probably wouldn't ask for a credit card number, if they are scammers. Those scum tend to ask for gift cards. Which is a huge red flag, if someone asks you to pay anything with gift cards, that is certainly a scam.
  2. Exactly what kind of debt or account is this? Credit card? And for how much (ballpark figure)? If there is an arbitration clause, that would be my strategy.
  3. In my opinion, you won. You don't have to arbitrate. PRA dismissed the case. They probably won't sue you again. If they do, it's rinse and repeat. As for stopping collection activity, you could send them a cease and desist letter, if they contact you again. I would not. I would consider this a victory, and if they contacted me again, if this were my situation, I would monitor their communications for violations of consumer laws. As for removal from your credit report, you can dispute it with the credit reporting agencies. Again, I would not. You dodged a major bullet with this lawsuit. I would accept it as the victory it is, and not try to push things.
  4. But, I thought the only way they could do that is to keep sending statements. To add interest without sending statements is a violation of TILA . . . or so I have read.
  5. It might be too late for arbitration, since you are in Florida, but it wouldn't hurt to try it. The worst thing that can happen is the court says "no." Arbitration is the best way to deal with a JDB, and Synchrony has an excellent arb clause.
  6. I think in CA a consumer can collect $1K through the state Rosenthal Act as well as the FDCPA statutory damages.
  7. SCAM! Do not call them back or respond to them in any way. If your debts are over 10 years old, they are out of statute, too old for anyone to sue you. (But they could still try, but you have an ironclad defense, and can sue them for violating consumer laws.) Check your local court, most have online dockets you can search, if you think someone might be suing you. But most likely this is a scam.
  8. Adding more thoughts: it is very unlikely that a JDB would spend $5000 to collect $1600. They have thousands of these judgments, that are like a portfolio of investments. Some percentage of them will pay off every year, as houses are sold. And the judgments earn interest. They just wait until the property is sold, then they can collect their money.
  9. SCAM! I get these calls a lot, some of them pretending to be from Amazon, or the Social Security Administration, or US Customs and Border Control, or the Federal Reserve, or some kind of official source. All are false. Note that they can spoof Caller ID, too. It is concerning that some of them know my name. How, I don't know. But I never respond to any of them.
  10. I don't know about South Carolina, but what I have seen of judgment liens in Ohio, they simply file a certificate of judgment lien, here, with the common pleas court. The judgment creditor gets the certificate from the muni court. If they are only suing for $1600, they won't do anything like trying to foreclose. The judgment lien just sits there until the debt is paid off or the property is sold. If they tried to force a sale to collect $1600, they would probably lose money. There are the costs of forcing a sale, then a mortgage holder would have to be paid, then your equity under the state's homestead exemption laws (I don't know the amount for your state), then any senior (older) liens, then they get their money. And the property would have to be sold at auction, in other words, a distressed sale, which means it won't sell for as much as if it were on the open market.
  11. Another reason you want arbitration: arbitration is private, whereas everything done in court is a matter of public record. You prefer that your financial matters remain private.
  12. Another thought: does NJ have a borrowing statute? If it does, Barclays uses Delaware law where the SOL is 3 years. So depending on when in 2018 the last payment was made, this could be out of statute. Again, IF New Jersey has a borrowing statute. That said, Barclays has an arb clause, so I would use that strategy. Note, if you use arb, do not answer their discovery with substantive answers. You need to OBJECT to each one of them, on the grounds that arbitration has been elected and a jurisdictional motion (the Motion to Compel Arbitration that you need to file soon) is before the court. The reason for the objection is that going too far in litigation could waive your arb rights.
  13. Comenity has an arbitration clause. Arb is the best way to beat a JDB.
  14. https://www.agrusslawfirm.com/companies-with-arbitration-clauses Not all the companies are creditors; in fact, most are not. What is really interesting here, is this is a consumer law firm that is using arbitration as we do here: as leverage over companies due to the arb fees. Good to see this, as many consumer lawyers are arb-adverse. Note this is not spam, or promotional for this firm. I have never used them, and am not endorsing them. It's just something I found Googling for info on a creditor. But this might be a useful resource for folks here, especially those who are not confident of going though arb as a pro se. Having an attorney is always a better option. Most of us go pro se because we can't afford a lawyer. Though I suspect that, like most consumer law firms, they only take cases at no cost to the consumer that are easy, slam-dunk wins. Having an attorney can prevent creditor lawyers, judges, or arbitrators from "pulling a fast one" on a consumer. For example, in my first debt case in court, the first thing the court magistrate asked me was "Are you an attorney?" When I said "No," his demeanor changed instantly to disrespectful, almost mocking, and intimidating. I suspect that if I were an attorney, this would not have happened.
  15. Go with JAMS. They are more expensive for the creditor, and have the reputation of being more consumer-friendly. And there have been a couple of cases in AAA where the JDB went all the way through arb, and claimed the arbitration was frivolous, and stuck the consumer with the arb fees.
  16. @Clydesmom is the expert here on medical debt. Maybe she has some advice?
  17. Maybe others will have a different opinion, but I would say, not likely. It would be considered a technicality, bona fide error, or of minimal significance.
  18. It's not the affirmative defense that harmed your arb chances. It's participating in discovery. But you can always try and file the MTC Arb. The worst the court can say is no.
  19. I think @Goody_Ouchless and @Harry Seaward are in AZ. Maybe they have some insights?
  20. You mentioned counter-suing . . . meaning counterclaims, I presume? If you want to use the arbitration strategy, you don't want to do that in court. The reason is, the further you go in litigation, the more risk you have of waiving arb rights. And filing a counterclaim is definitely one of the things that can waive arb rights.
  21. Exactly. Although most OCs don't use small claims court, even if they could for small debts.
  22. You need to read Sec. 1925.02: https://codes.ohio.gov/ohio-revised-code/section-1925.02 Specifically, (2)(a) A small claims division does not have jurisdiction in any of the following: (i) Libel, slander, replevin, malicious prosecution, and abuse of process actions; (ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney; Emphasis added. A JDB is an assignee.
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