nobk4me

Members
  • Content Count

    1,856
  • Joined

  • Last visited

  • Days Won

    33

Everything posted by nobk4me

  1. Let's just say this lingering served me well in a FDCPA case - misrepresenting the legal status of a debt. Can't say more.
  2. I would wait until the arb motion is granted. It's possible the JDB will dismiss at that point. Or the court may require you to file the arbitration. If so, do it. I would use JAMS, which is reportedly more consumer friendly and more expensive for the creditor. The whole key to the arb strategy is changing the cost-benefit analysis of debt collection to be unfavorable to the creditor.
  3. File the answer first, then the MTC Arb. If you moved from PR to Oregon only two years into the SOL, then I think you can't raise the SOL defense, as it was still alive in PR then.
  4. Here it is, step by step. 1. Wait until you are served. The court is probably sending the summons by certified mail. You could sign for it, or gain a little more time by not claiming the certified mail (don't answer the door when the mail carrier comes, and don't go to the post office to pick it up). Then the court will send the summons by regular mail. After you served, you will have 28 days in which to answer the lawsuit. 2. File your answer. I would just deny all their claims, except your name and address, and include an affirmative defense, that the court lacks jurisdiction due to a binding arbitration clause in the cardmember agreement. 3. File the MTC Arb. Samples are in this link: And, if you post a draft here, we can help you with it. Also, look up posts by MikeB35, on his fight in Ohio - examples are there as well. 4. Wait and see what the JDB, and the court will do. The plaintiff might dismiss. Or they might file a response to your motion. The court may hold a motion hearing. But, the ultimate result is the motion will probably be granted (95% + probability - the law favors arb). 5. Do not file a case in JAMS or AAA until the arb motion has been granted. See what the court says - they might require you to file the arbitration. If so, do it. But, there is case law in Ohio that the plaintiff is responsible for filing the arbitration (Capital One v. Rotman). ______________ Most probable outcome using this strategy: Your MTC Arb is granted, the case is stayed, the JDB dismisses the case, and you pay them NOTHING. This strategy works. I used it, and paid the JDB $0!
  5. This is the best strategy for defeating a JDB where the OC is Synchrony - arbitration. Unless you might be able to raise a Statute of Limitations defense - not sure about that. I think it depends on when you moved from Puerto Rico to Oregon.
  6. Don't worry about the stay. A stay is good. It brings the court case to a screeching halt. I have a case that has been stayed pending arb for almost 10 years now. The JDB essentially abandoned it.
  7. Yes, I know it's weird. But it's part of arb law, probably the Federal Arbitration Act.
  8. I would deny all their claims, except your name and address. It's possible their papers will include a cardmember agreement. If so, it will be like an easy judo move - you use their papers against them. I would file the answer first, then the MTC Arb.
  9. That may not be necessary, but wouldn't hurt. You want the court to see the case has been settled and should be dismissed. If they keep playing games with you, you may have a consumer complaint against them. I have used this law firm, with success, in Ohio: http://www.fairdebtcollectionhelp.com/
  10. Congrats as well. I'd call it a win. I doubt if they will be back. As I'm not familiar with California, I can't say if it was something you did or you were just lucky. Maybe the JDBs there just don't want to bother with contested cases, and prefer the easy prey of default judgments.
  11. Note, you can always post your draft MTC Arb here, and members will help you with it.
  12. The court becomes aware of the arb award when one of the parties files a petition with them. In your case, it would be a petition to vacate the award. For the creditor, it would be a petition to confirm the award as a judgment.
  13. Best info on arb: While you will use the Synchrony cardmember agreement, you are no longer dealing with Synchrony (or its predecessor, GE Money Bank) now. You are dealing with Midland, and would take them to arb, not the OC. The OC is out of the picture. The JDB has stepped into the OC's shoes.
  14. No, I think the 90 day clock starts from the date of the arb award.
  15. Wait until you are served. Then file an answer to the lawsuit and your MTC Arbitration. The MTC Arb is key. File that first, and if it is granted (which it should be), then file in JAMS. In fact, it may not even be necessary to go to JAMS. The plaintiff may dismiss after the MTC Arb is granted and the case is stayed.
  16. When Synchrony is the OC, arbitration is the best strategy.
  17. Not a good option. You typically have only 90 days in which to ask the court to vacate the arb award. The plaintiff has much longer, usually a year in which to confirm the award in court as a judgment. Check your state's rules for specific time limits. But, essentially, you need to move first.
  18. You should be able to do better than $2K on this. Remember, the JDB probably paid 3-4 cents on the dollar for this account. So if you settled for 10 cents on the dollar, they will still make a profit. But they probably won't go that low. But I think 20-30 cents on the dollar is doable. I have had OCs offer me that. Yes, that is settling for 20-30% of the debt (not 20-30% off). The most I would go is 50%. I would start the settlement negotiations at 10%, though, and work up if you need to. Remember, if you want to settle, the court is your friend here. Courts encourage settlements. You should be able to settle this after the pre-trial.
  19. In Ohio they can't get attorney fees for consumer debt. They already incurred the filing fee with the court. If you don't file an answer, they will get a default judgment. Don't be surprised, if you reach out to them to settle, they string it out after the 28 days you have to answer, perhaps implying you don't need to answer since you are working with them, and they get a default judgment. I would file the answer. You can always settle after you answer. The courts encourage settlements between the parties, so both parties will be encouraged to reach a settlement by the court at your first pretrial conference. I would fight them, hard. The plaintiff is a JDB. They want easy prey for defendants. They make their money on the 95%+ default judgment rate. If you fight them hard, they might decide it isn't worth it and dismiss the case. I used this strategy with an OC in Ohio, and it worked. Yes, that was almost 10 years ago, and there are some here who will say times have changed and that strategy doesn't work anymore. Maybe it does in some areas, maybe not in others. There are some judges out there who hate JDBs. You never know what will happen. I don't see any downside to fighting them. Remember, you can always settle at a later date.
  20. PRA is a JDB. Look here for the best info on arbitration, including sample MTC Arb:
  21. When the OC is Synchrony, arbitration is the best strategy.
  22. Look at the JAMS consumer rules. In JAMS, you only have to pay $250. I think AAA is similar, but their cap is $200. The key is to demand a consumer arbitration.
  23. We need more information. Please answer the questions in this thread: