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Everything posted by nobk4me

  1. Doing some googling: 1. it looks like the NC SOL is 3 years; and; 2. CT may have a borrowing statute: Note, I am not a lawyer and am not an expert in the laws of these states. Maybe someone with more knowledge can help here?
  2. I think this looks favorable. Especially paragraphs 4 through 7.
  3. Maybe, IF your state has a borrowing statute, and the SOL in NC is 3 years or less.
  4. You are probably not going to find a lot of case law involving arbitration and JDBs. Case law is made at the appellate level. Most JDBs dismiss when a case goes to arb. It's not worth it for them to go to arb or to fight the trial court's arb ruling on appeal. How about statute law in NM? I assume NM has an arbitration act? If you can't find good state level law, then just stick to federal in your motion.
  5. Thanks for the update on OJ. I thought he had originally moved to Florida, after his acquittal in the murder trial, and maybe after the verdict in the civil trial. And that the civil verdict against him by the Goldmans was the reason he went to FL, with its debtor-friendly laws. But that was before he got in trouble, and went to prison, in NV.
  6. Another thought: if BK really isn't option for the OP, consider making yourself as judgment-proof as possible. Which shouldn't be too hard to do in Florida, which has generous exemptions for debtors. There's a reason O.J. Simpson moved to Florida.
  7. Never heard of a clause like that in a consumer debt. There are a few categories of debts that cannot be discharged in a BK, the ones Clydesmom mentioned. Are you sure that is what the clause says? Maybe it's a survivability clause? I have seen statements, usually in arb clauses, that the arb clause survives a bankruptcy. Which does not mean that the debt cannot be discharged in a BK.
  8. That's my time frame, too. Do you have any insights on what factors prompt creditors (OCs and JDBs) to sue? My experience is it's largely a crapshoot. Amount of the debt doesn't seem to be a huge factor. One thing I think is, though, is evidence of employment on your credit reports. Meaning wages to garnish. So I would advise everyone to remove all references to employment on the credit reports.
  9. Very good thread. A lot can be learned from the experiences of others. As for the phone, what I did was keep the landline off the hook most of the time, and gave my cell phone number to people I wanted to deal with. I probably missed out on some violations that way, but it did reduce the stress level.
  10. Arbitration is the way to go with this. File an answer denying all their allegations except your name and address, and include an affirmative defense: the court lacks jurisdiction due to the presence of an arbitration clause in the cardmember agreement. Then file a Motion to Compel Arbitration. Best arb info is here:
  11. You need to go one route or the other, not both. Either arb or discovery. I personally would choose arb over a court trial. But CA seems to be a state where fighting a JDB in court can still work.
  12. Note, I am not in CA, and thus am not familiar with CA rules and law. However, from what I have seen here, CA seems to be one of the few states where fighting JDBs in court can still work. But, apparently, it involves a lot of work and paying court fees. I personally favor arbitration. The law favoring arb is very strong, and a good MTC Arb should be granted. And that should be the end of the case. Or you might have to file in JAMS or AAA - but when they get the big arb bill, it's over.
  13. Setting a motion hearing is not unusual. I doubt it has anything to do with anything you have done, except filing the motion. But, you do need to be aware of a possible ulterior motive of the court: the hearing is an opportunity to get the parties together, so they can be urged to settle. And sometimes this urging is not subtle. You need to resist any pressure to settle (unless you want to settle) and insist on arb. You should be prepared at the motion hearing to argue your motion, why you want arb and why your motion should be granted under the law. If the plaintiff does not respond to your motion, yes, your motion should be granted by default. But it probably won't work that way. The court will go ahead with the hearing and will bend over backwards to accommodate the plaintiff. That's what happened in my case. The JDB attorney didn't respond to my arb motion, but showed up for the motion hearing. I argued that my motion should be granted by default. The court didn't dismiss (as I requested), but did stay the case. (Note the court will not be as accommodating to you as they are to the plaintiff.) It wouldn't hurt to draft up the JAMS paperwork, to show you are serious, in case that issue gets raised.
  14. If you want to settle with them, that's your option. BUT, I think you have a much better option, when dealing with a JDB and the OC is Synchrony: arbitration. Best arb info: I would file an answer to the lawsuit and a MTC Arb. You can make this go away for much less, probably around $0.
  15. Filing in JAMS is fine, but that won't stop the court case. The MTC Arb, in which you also request a stay pending arb, is what will bring the court case to a screeching halt. Which is the objective here. Oh, and if you want arb, don't engage in discovery, and if you get any discovery requests from Midland, you need to answer them by objecting.
  16. That's my take on Ohio arb law, but experience reported here indicates that it doesn't seem to make a difference if the defendant files a motion to dismissor in the alternative stay or a MTC. You should always ask for a stay, however, as Ohio law mandates a stay pending arb. And that is what ends the creditor's court case progress.
  17. {¶42} The statute permits the parties to return to the trial court during the course of arbitration to resolve some disputes. Then, after an arbitration award is rendered, a party is entitled to seek an order from the common pleas court confirming, vacating or modifying the award. R.C. 2711.09-2711.14. If the plaintiff's case is dismissed pending arbitration rather than stayed, the parties would in theory have to file a new action each time the common pleas court's assistance is required, with the attendant risk of having their case assigned to a new judge. On the other hand, if the trial court enters a stay of the action and retains jurisdiction, then proceedings may be expedited, as the parties may simply return to the same judge presiding over the plaintiff's case. {¶43} Accordingly, Appellants' first assignment of error is meritorious; the trial court should have stayed the matter pending arbitration, rather than dismissing it.  Interesting discussion in that one. But not sure how applicable it is to MikeB35's case, which I understand is in a municipal court. Note that there is an argument for staying the case, rather than dismissing, for a case that was apparently in a common pleas court. (My italics in the quote.) Such as, the need to come back to court after an arb award for confirming, vacating, or modifying it. But note that all that takes place in a court of common pleas, not the muni court. This strengthens my position that the proper motion to file in a muni court is a motion to dismiss, or, in the alternative, to stay pending arb. But I may be going off on a tangent here.
  18. Yes, Synchrony is now out of the picture, the JDB has taken its place, and you need to send the letter to the JDB attorney. A cover letter is good, along with the MTC Arb. Edited to add: make sure your letter says you are requesting private contractual arbitration. (You don't want them to think you want court-sponsored arb.)
  19. I would keep your original date. You could resend copies to plaintiff by certified, or just include them in the MTC package.
  20. nobk4me


    If you want to get rid of the liens, bankruptcy might be the best way to do it, especially if you can keep your house and other assets. Note, you probably won't be allowed to keep $10K in cash in a BK Chapter 7. I would do something about those threatening phone calls. What they are doing is illegal and unethical. They need to be stopped and punished, not rewarded by a payment. Which will prove to them that their bully tactics work.
  21. You never know what a court will do. But, that said, the law favoring arbitration is very strong. The US Supreme Court has decided that arb clauses are to be honored. So a judge denying your MTC would be risking a certain reversal on appeal. It should be granted. Looking at your MTC, I think it would help if you could find some New Mexico statute and case law supporting arb.
  22. Read that part carefully. It says WE will not REQUIRE you to arbitrate in those conditions. In other words, they won't force you to arbitrate. But no one is forcing you. You WANT arbitration. No one is dragging you into it kicking and screaming.
  23. Missed that one in the agreement. Maybe this is a topic for the reply brief?