nobk4me

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Everything posted by nobk4me

  1. It sounds like this might be close to the SOL expiring, if that has not happened already. Check your credit report. If the account doesn't appear there, either from the OC or the JDB, chances are it's over 7 years old, and definitely beyond CA's SOL.
  2. I'd like to get some more opinions to help the OP here. Which would be a better course of action, arbitration, or a motion to dismiss for lack of personal jurisdiction? Calling @fisthardcheese, @BV80, @Brotherskeeper
  3. I would not file that answer. Filing the answer is submitting to the court's jurisdiction. Most of the defenses, except for arbitration, won't work, anyway. You need to file a MOTION to dismiss the case for lack of personal jurisdiction - meaning, you do not live in Ohio. See Rule 12(B) of the Ohio Rules of Civil Procedure: (B) How presented. Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, (7) failure to join a party under Rule 19 or Rule 19.1. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, he may assert at the trial any defense in law or fact to that claim for relief. When a motion to dismiss for failure to state a claim upon which relief can be granted presents matters outside the pleading and such matters are not excluded by the court, the motion shall be treated as a motion for summary judgment and disposed of as provided in Rule 56. Provided however, that the court shall consider only such matters outside the pleadings as are specifically enumerated in Rule 56. All parties shall be given reasonable opportunity to present all materials made pertinent to such a motion by Rule 56. I have bolded the applicable part. If you do not live in Ohio, then an Ohio court has no jurisdiction over you. You need to attach proof of Canadian residency to your motion.
  4. Now you have an even better strategy. If you are a permanent resident of Canada, and not of Ohio, then the Ohio court has no jurisdiction over you. I would file a motion to dismiss for lack of jurisdiction.
  5. Is there an arbitration clause in the OC agreement? If so, then arbitration will be your best strategy. Best info on arb is here:
  6. When the OC is Synchrony, arbitration is the best option. Let's just hope you have not waived your arbitration rights by engaging in discovery. Best info on arbitration is here:
  7. If I understand correctly, Minnesota has "pocket docket," which means the case is not filed with the court at first. Which no doubt confuses people into thinking the summons is fake.
  8. You can have multiple sets, or rounds, of discovery. Answers to the first set may lead to further questions.
  9. Not very compelling reasons to give to a judge. You may not think the case needs to be heard in a court of law, but the plaintiff probably does. The second argument, they will say, can be made to the court as well as an arbitrator. Better reasons for arb: 1) it's your RIGHT under the contract; 2) the law favors arb (including the Supreme Court); 3) arbitration is a private proceeding, whereas court is public. Everything done in court is a matter of public record. You prefer your financial matters to be private.
  10. You file your answer (and MTC Arb, when you file it) with the court AND send a copy to the attorney. Include a certificate of service with each pleading, which states you have sent a copy to the plaintiff's lawyer. Who is suing you, the OC or a JDB?
  11. I quoted Ohio's Rule 41 as an example of a RCP that does make a second dismissal with prejudice. Yes, I know the OP is in Texas, and I advised the OP earlier to check his state's RCP.
  12. Ohio RCP Rule 41: Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits of any claim that the plaintiff has once dismissed in any court.
  13. Synchrony has a great arbitration clause. Look into the arbitration strategy.
  14. For an OC of Synchrony, your best strategy is arbitration. Best info on arb is here:
  15. Does Chase still own the debts, or have they been sold to a JDB? Settlement offers that low sound more like a JDB. But I did get some very low settlement offers from an OC (not Chase). That OC never sued. I ignored their offers. This sounds like Hail Mary; they are desperately trying to get something from accounts they have written off and consider a totally lost cause. Chances are Chase won't sue either. But you never know. Is arbitration an option here, if they did sue?
  16. Looks like the OC was Synchrony, so arbitration is your best strategy. Best info on arb is here:
  17. If the account has been sold to a JDB, forget about paying Prosper. They are now out of the picture. But, if the Prosper account has an arbitration clause, that would be a huge help. Best info on arb is here:
  18. I would be more concerned about the risk of being sued than cleaning up the credit report. In Ohio, the SOL for contracts not in writing is 6 years, and for contracts in writing, 8 years. And the 8 year SOL is a fairly recent change, in 2012, if I recall correctly. It used to be 15 years, so if these debts predate 2012, it's possible a longer SOL would apply.
  19. Do it in the reverse order: file your answer and MTC Arb with the court FIRST, then wait until the ruling on the MTC Arb before filing in JAMS. It's possible the JDB will dismiss, and you won't even have to file with JAMS.
  20. 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.
  21. I would suggest editing this to remove your name and address, and anything else that could identify you.
  22. 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.
  23. 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.
  24. Who is the OC? If there is an arbitration clause, then arbitration will be the best way to handle this.