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Everything posted by nobk4me

  1. I would not try to settle with creditors or file bankruptcy. The OP is disabled and living at the poverty level. She needs every dollar she can hold on to. I would keep the payout in a safe (from creditors) account, even if that means a non-FDIC insured account. And wait until the debts are out of statute before moving the funds. Your decision, of course. Others may choose differently, depending on their financial situation, comfort with risk, feeling a moral obligation to pay, etc. You didn't choose to become disabled, so I don't think anyone should judge you for whatever decision you make.. Another thing to consider: settling with creditors will have tax consequences. You will receive a Form 1099c for the remaining debt.
  2. Another thing: don't bank where you borrow. If you do move the funds to a FDIC-insured account, do not choose a bank where you owe any debts. Most banks have the right of offset, which means they can seize money from a savings or checking account to recover a debt you owe them. For example, if you owe Citibank for a credit card debt, and then open a checking account at Citibank, they can clean out the account. And they don't need a judgment to do this.
  3. If you move the insurance payout to a FDIC-insured account, it would certainly make it easier for creditors to find it. I don't know if this would affect the exempt status. Be aware that judgment creditors tend to levy first, ask questions later. It will be up to you to prove the funds were exempt, and that will take time and money.
  4. You should be able to do this yourself. I don't know the law in your state, but could using a paralegal be considered unauthorized practice of law?
  5. Study up on the arbitration strategy. Best way to beat a JDB, expecially when the OC is Synchrony.
  6. First, it would help if you could answer the questions listed here: I would wait to be served and answer the summons in court. And use the time you have now to research strategies. If arbitration is available, that is the best way to beat a JDB.
  7. I doubt if they will try to sue you again. If they do, it's a case of rinse and repeat. Arb again. Usually the second time they dismiss, it is with prejudice (but check your state's rules on this).
  8. If they got a judgment, they can keep trying to collect on it, which includes wage garnishment and bank levies. As long as the judgment is valid, they have the right to do this. Lesson: don't let them get a judgment. Especially a default judgment, which means the defendant never even responded to the summons.
  9. Check here: under Data and Research
  10. Go to the pre-trial unless you have notice from the court that it has been cancelled. Always appear in court when court dates are scheduled. It's possible the Midland attorneys didn't get the memo and will be in court aggressively representing their client. Bring the letter about ceasing collection efforts to court, and bring it to the court's attention. Have you considered the arbitration strategy? Best info is here
  11. I would consult with a consumer attorney as well. The case is stayed pending arb, right? So they are taking an action they are not allowed to take, FDCPA violation.
  12. Sounds to me like they got a judgment.
  13. Usually the court schedules a pretrial when the defendant has filed an answer. Maybe in your court they just schedule a trial. I would file the MTC Arb ASAP.
  14. It doesn't have to be certified (unless your state's rules require it, which is unlikely), but it is usually best to use certified mail, as it is a common tactic of JDB attorneys to claim they didn't get what you sent them. Certified mail gives you proof that they did get it.
  15. You can file the MTC at any time, but generally, the sooner the better.
  16. Doubtful if that can be done. You can always ask the court clerk, though.
  17. Most folks prefer JAMS as it is more costly to the JDB. And, choosing the arbitration forum is likely to be a moot point. Most JDBs will fold when the MTC Arb is granted. But if not, I would go with JAMS. Your first priority should be answering the lawsuit and then filing the MTC Arb. Hold off on filing with an arbitration forum until the MTC Arb is ruled on.
  18. Is arbitration an option here? That's the best way to beat a JDB. Who issued the Best Buy card?
  19. More details would help. Please answer the questions in this thread:
  20. Go with arbitration, which is the best way to beat a JDB. I would file the MTC Arb ASAP, and object to their discovery on the grounds that arbitration has been elected, and the scope of discovery should be determined by the arbitration forum. Answering their discovery requests with anything other than an objection could be construed as waiving your arbitration rights by participating in litigation.
  21. Almost everybody who followed the rules and did it right. A recent poster from Alaska revealed that the JDB walked on a $14K debt when faced with arbitration.
  22. You have to answer the lawsuit, and file a Motion to Compel Arbitration.
  23. Try here: