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Everything posted by nobk4me

  1. 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.
  2. PRA is a JDB. Look here for the best info on arbitration, including sample MTC Arb:
  3. When the OC is Synchrony, arbitration is the best strategy.
  4. 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.
  5. We need more information. Please answer the questions in this thread:
  6. If you have filed for BK, why would you want to keep the arb case going? The whole point of BK is to wipe out the debt. The whole point of arb is to either get the creditor to drop the case (moot if you are in BK) or to get a better settlement (also moot in BK). Generally the BK court is very powerful and overrides any debt collection process, which the arb case is part of. The arb clause language about survival after BK is to prevent class action lawsuits (the main purpose of arb clauses) even after a potential class action plaintiff files BK.
  7. First: do not send anything to the Synchrony address. The OC is out of the picture at this point. The JDB has stepped into the OC's shoes. Second: It is generally thought that JAMS is the better choice for the consumer. as their overall fees (all but $250 to be paid by the JDB) are higher. Making debt collection very expensive in arb is the name of the game here. Third: the agreement language does indicate that the party filing the lawsuit should initiate. But you may face a judge who wants you to initiate. It wouldn't hurt to do that, plus by initiating you get to choose the arb forum. "To ´╗┐me this would indicate it is their responsibility to commence the proceeding using my choice of arbitrator." Actually, if they initiate, it would be with their choice of arbitrator.
  8. I agree, to some extent. The problem I see is too many people try to clean up their credit report while the debts are within SOL and then are surprised when they are sued. My theory is, when being sued, or the SOL is active, the focus should be on financial survival, meaning, avoiding judgments. Cleaning up the credit score can come later.
  9. Well, all I can say is good luck, and try to be Very Respectful. My theory on fighting creditors is, forget the credit report. If you default, you get 7 years of credit "purgatory." Which I think is fair. I wish that was the only thing the creditors could do. The fact is, you just escaped a judgment. Which, in addition to damaging your credit score, could have resulted in garnished wages and levied bank accounts, and liens on real property, if you own any. One of the unwritten rules of court is don't piss off a judge. Now, the judge just did you a huge favor by dismissing the case, even if maybe they didn't cut square corners legally, and didn't give you the 'with prejudice' you wanted. And 99.999% of defendants in your position would have been thrilled by this. But not you. THAT'S the kind of thing that can piss off a judge. Also realize that courts want to cut their workload. I suspect the judge will not be happy to see the defendant making more work for the court by challenging a ruling in the defendant's favor. The judge has power. You don't. Never forget that. You say you are willing to take the risk. You are willing to take a judgment??? Which, worst case scenario, could happen, if the judge was really petty and spiteful. Yes, they could be overturned on appeal, but are you willing to incur the costs and work of a pro se appeal? I would be happy with the dismissal, and not take the risk. I don't kick sleeping dogs or poke the bear or the hornet's nest. But that's me. Again, good luck.
  10. You should be happy with this. YOU WON. So what if it was without prejudice? They won't be back. In the unlikely event they (or the next JDB) do sue again, then it's rinse and repeat. The court has washed its hands of the case. Which is the desired result of the MTC Arb. Don't get greedy. Hogs get slaughtered. Not trying to be harsh here, but it would be a shame to snatch defeat from the jaws of victory.
  11. Sounds like you were served and did not answer the lawsuit. Which is not good. Can you check the status of the court case online, with the court?
  12. Cap One took arb out of its agreements. Are you being sued in small claims court? If so, you could file a motion to dismiss for lack of small claims jurisdiction. But first make sure you really are in small claims court.
  13. Yes, US Bank has an arb clause. But it does have a small claims court exemption. You are dealing with a JDB. In some states JDBs can't use small claims court.
  14. Unfortunately, you were in a hostile, pro-creditor court. Which is why I would use arbitration EVERY time it is available. It gets you out of the railroad court and into an expensive, unfamiliar (to the creditor) arb forum.
  15. No, you can do this yourself. But you need to study the arbitration strategy carefully. Also, since you are in Florida, you need to be careful not to waive your arbitration rights by engaging in litigation. Even answering the lawsuit can be dangerous . . . maybe you need to reply to it with a MTC Arb instead.
  16. Also, Florida has a borrowing statute, such that if the creditor uses the laws of another state with a shorter SOL, the shorter SOL is binding, instead of Florida's. The case law was LWT v. Brodsky (2006). A lot of these creditors use Delaware law, where the SOL is 3 years. Examples: Discover, Chase, Bank of America.
  17. Use the time waiting to do research. Arbitration is your best bet against a JDB for a debt this small.
  18. nobk4me


    I suspect the 30 days refers to the period you have to dispute the debt and request validation (your rights under federal law, the FDCPA). I would take that opportunity. Send a simple letter to the attorney, by certified mail. All it needs to say is "I dispute this alleged debt. Please validate." Who is the OC (original creditor)? How much is the debt (ballpark number)? How old is the debt (last time you paid on it)? This is the best way to defeat a JDB (like Midland), assuming the OC's cardmember agreement has an arbitration clause:
  19. I think you would be better off starting your own thread.
  20. Unless you want to get a default judgment against you, you should answer the lawsuit. But, given the OC, there is even a better strategy, IMO: arbitration. Since you are in Florida, if you want to use arbitration, you should file a MTC Arb instead of the answer, as answering a lawsuit can be construed as waiving arb rights in that state. Look here for more info on arb:
  21. Discovery usually isn't filed with the court. And, I agree with WhoCares1000, your priority MUST be to file the MTC Arb with the court. Just saying you want arb, and even filing in JAMS, isn't enough. The MTC Arb, if granted (and it should be), is what brings the court case to a screeching halt. Which is the real goal of the arbitration strategy.
  22. You said you have to appear in court, according to the letter. I assume it identified the court. That is the first place to go, to see what happened. Apparently they got a judgment against you. You may be able to search online, if the court has a website. You need to find out everything about the case, assuming there really is a judgment. If you were never served properly, you should be able to get the judgment vacated.
  23. Appeal this. It was not way past the point of arbitration, if it was the first court date. While there is a doctrine about waiving arbitration by engaging in litigation, that means going far into the court process, like engaging in discovery.