nobk4me

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Posts posted by nobk4me


  1. If he is capable of appearing in court, singing papers, etc., then maybe arbitration is the way to go.

    If he needs your help in court, you could probably ask the court if you could do so, but you can't speak for him.  If he needs any technological assistance, like being able to type out his responses instead of speaking, if he has a speech impediment, that could probably be provided as well.   You should certainly be allowed to sit in the courtroom and take notes.

    Under the Americans with Disabilities Act, government agencies have to make reasonable accommodations for persons with disabilities.  


  2. Normally, arbitration would be the best way to handle this, as Synchrony has has an excellent arb clause.

    However, this is an unusual situation, as it sounds like your husband may not be physically able or competent  to appear in court, which would likely be necessary even using the arb strategy.  You can't represent him.  Only an attorney can, and an attorney would probably cost more than the debt. 

    You might contact your local Legal Aid office, to see if they can help.

    Otherwise, I agree with @Clydesmom.  Take his name off any bank accounts.  Just take the judgment, as they can't collect anything from him anyway.

    Is he collecting any federal benefits, such as SSDI?  If so, you can get a Direct Express account, which is a debit Mastercard, and you can use it to withdraw cash.  

    The only other concern I would have about taking a judgment is, in Ohio, a judgment becomes a lien on real property.  And judgments earn interest.  This would be a concern if you own a home, and plan to sell or refinance.


  3. I would use JAMS. However, actually filing with an arb forum shouldn't be the first priority.  

    The first priority is answering the lawsuit and filing a Motion to Compel Arbitration.  If that is granted, then is the time to consider filing a claim for arbitration.  It's possible the case won't even go that far.  JDBs often dismiss the case at that point.


  4. 3 hours ago, area51john said:

    Hi Everyone!

    So my wife was just served w/a LOVELY Summons notice from Midland Funding this morning, and it's because of an old credit card that we were in the process of paying off 2 years ago when Synchrony Bank (Amazon) decided to just close the card out.  Long story short, we were unable to finish paying it off, and now it's come to the spot we are in currently.

    I am going to go through the steps provided in the initial post on here, but if ANYONE could provide us with any Tips/Tricks/Advice/Information to help us make sure that we get this squared away we would REALLY REALLY appreciate it.  Wife is 17 1/2 weeks pregnant and the last thing she needs to deal with is this unnecessary stress.

    Thanks so much!!

    John

    If the OC is Synchrony. arbitration is an excellent option to make them go away.


  5. 3 hours ago, fisthardcheese said:

    According to @nobk4me

    JDB's can not use small claims division of Municipal court anyway, so it seems to be a non-factor in these types of cases.

    "In Ohio, Municipal Court is not the same as small claims court.  Muni Courts have a small claims division, but in Ohio, JDBs can't use small claims court.  http://codes.ohio.gov/orc/1925.02  (assignees can't bring cases there) "

     

    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.

    • Like 3

  6. 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.