nobk4me

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Everything posted by nobk4me

  1. If the OC is Synchrony. arbitration is an excellent option to make them go away.
  2. To test this, I did a number of searches in my local court. I searched the small claims court docket for the most common JDBs: Portfolio, Midland, CACH, Cavalry, LVNV. None had ever filed in small claims court. Others in Ohio can try similar searches.
  3. If they filed suit in 2008, and dismissed, the debt must be out of statute by now. 2008 was 11 years ago.
  4. I would use JAMS, as it's more expensive and has the reputation of being more consumer-friendly. Good job in court, by the way. You stood your ground against a judge who really didn't want to grant your MTC. But the law favoring arb is so strong he had little choice.
  5. BUT: pursuant to Portfolio Recovery v. King, NY will borrow another state's SOL. Barclay is in Delaware, where the SOL is 3 years.
  6. If Synchrony is the OC, then, IMO, arbitration is the way to go. Free JAMS. See more here:
  7. If the debt isn't yours, that's your defense. This is a case of identity theft? Have you filed a police report?
  8. When is the last time you paid on the account? And when did they file suit? Reasons for the questions: to see if there is a SOL defense here.
  9. Under JAMS consumer rules, the most a consumer has to pay in arb fees is $250.00.
  10. Also: if arbitration is available, it will be easy to beat them. And, calling @texasrocker
  11. We need more information. Please answer the questions in this thread:
  12. This issue frequently comes up in these forums, so I thought I would post a collection of these cases here. SOLs vary considerably by state. Some states have a SOL as short as three years. Significantly, one of these is Delaware, which is where a number of banks are incorporated due to favorable corporate laws. Examples include Discover, Chase, Bank of America, and Barclays. If your state has a longer SOL, and if it has a borrowing statute, the shorter SOL should be honored. Meaning, if Discover sues you after three years, their claim is time-barred, as if they sued in Delaware, even though your state has a longer SOL. These are the cases I am familiar with that address borrowing statutes: FLORIDA: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006) CALIFORNIA: Resurgence v. Chambers https://caselaw.findlaw.com/ca-superior-court/1289969.html NEW YORK: Portfilio Recovery v. King https://casetext.com/case/portfolio-recovery-v-king-3 OHIO: Taylor v. First Resolution Invest. Corp., 148 Ohio St.3d 627, https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-3444.pdf If people know of any others, please post them here.
  13. If the SOL in PR has expired, then you can use that in FL.. Look into: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006) Florida will borrow the shorter SOL.
  14. If the OC is Synchrony, arbitration is the way to go with this. Do not engage in discovery. You need to file a Motion to Compel Arbitration.
  15. Perhaps you are forgetting how hostile some of these courts are toward debt defendants and pro se's. IMO, that is one of the huge advantages of the arbitration strategy: getting out of a hostile court. So I consider a dismissal the holy grail here. Even if it's without prejudice, it is very unlikely they will sue again, and if they do, it's a matter of rinse and repeat. And when they dismiss the second time, then it's with prejudice. An example of the hostility I have faced from a court: a magistrate tried to con me into paying a creditor from my Social Security benefits. But I'm not that dumb; I know that is exempt income, and told him so. He backed off then.
  16. Unfortunately, arbitration won't be an option for you, as Cap One removed the arb clause in 2010, I believe. Calling @texasrocker
  17. That's not sad. It's very good. Usually the courts just stay the case pending arbitration. With prejudice is better, of course, but I would call this a huge win.
  18. Was a reason given for not accepting the filing?
  19. Yes, if you are using it as an exhibit. But it may not be necessary to include it in your answer, as you will be including it in your Motion to Compel Arbitration. Be sure to complete the certificate of service part too.