nobk4me

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Everything posted by nobk4me

  1. We need more information. Please answer the questions in this thread:
  2. This issue frequently comes up in these forums, so I thought I would post a collection of these cases here. SOLs vary considerably by state. Some states have a SOL as short as three years. Significantly, one of these is Delaware, which is where a number of banks are incorporated due to favorable corporate laws. Examples include Discover, Chase, Bank of America, and Barclays. If your state has a longer SOL, and if it has a borrowing statute, the shorter SOL should be honored. Meaning, if Discover sues you after three years, their claim is time-barred, as if they sued in Delaware, even though your state has a longer SOL. These are the cases I am familiar with that address borrowing statutes: FLORIDA: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006) CALIFORNIA: Resurgence v. Chambers https://caselaw.findlaw.com/ca-superior-court/1289969.html NEW YORK: Portfilio Recovery v. King https://casetext.com/case/portfolio-recovery-v-king-3 OHIO: Taylor v. First Resolution Invest. Corp., 148 Ohio St.3d 627, https://www.supremecourt.ohio.gov/rod/docs/pdf/0/2016/2016-Ohio-3444.pdf If people know of any others, please post them here.
  3. If the SOL in PR has expired, then you can use that in FL.. Look into: L.W.T. v. Brodsky, 2006 WL 3617983 (Fla. Cir. Ct. 2006) Florida will borrow the shorter SOL.
  4. If the OC is Synchrony, arbitration is the way to go with this. Do not engage in discovery. You need to file a Motion to Compel Arbitration.
  5. Perhaps you are forgetting how hostile some of these courts are toward debt defendants and pro se's. IMO, that is one of the huge advantages of the arbitration strategy: getting out of a hostile court. So I consider a dismissal the holy grail here. Even if it's without prejudice, it is very unlikely they will sue again, and if they do, it's a matter of rinse and repeat. And when they dismiss the second time, then it's with prejudice. An example of the hostility I have faced from a court: a magistrate tried to con me into paying a creditor from my Social Security benefits. But I'm not that dumb; I know that is exempt income, and told him so. He backed off then.
  6. Unfortunately, arbitration won't be an option for you, as Cap One removed the arb clause in 2010, I believe. Calling @texasrocker
  7. That's not sad. It's very good. Usually the courts just stay the case pending arbitration. With prejudice is better, of course, but I would call this a huge win.
  8. Was a reason given for not accepting the filing?
  9. Yes, if you are using it as an exhibit. But it may not be necessary to include it in your answer, as you will be including it in your Motion to Compel Arbitration. Be sure to complete the certificate of service part too.
  10. Look into the arbitration strategy:
  11. Best info on arbitration: I agree, with Synchrony as the OC, arb is the best strategy. But you will need to object to their discovery on that grounds, rather than answering them.
  12. Another approach: since the OC is Comenity, there is probably an arbitration clause, so you can use the arbitration strategy:
  13. Yes, your draft answer is looking good. The only thing I would add is in Section E, Request for Relief, is to also check the first box that states: "Dismiss this case because of the defense(s) stated in Section B." And I would stress that you want private, contractual arbitration. There may be a court-sponsored arbitration available, which you don't want.
  14. I would consider arbitration instead of settling. See info here:
  15. Unfortunately, since the OC is Capital One, arbitration is not available. You will have to use court procedures.
  16. I'm not familiar with Alaska procedural rules, but it looks like you have to use these forms? You need in your answer an affirmative defense of lack of jurisdiction due to a binding arbitration clause in the contract. You can include in it "other." I would also check Defense No. 3, challenging the JDB's standing. Note the JAMS consumer rules: https://www.jamsadr.com/consumer-minimum-standards/ See No. 5: The consumer must have a right to an in-person hearing in his or her hometown area. Yes, that means the arbitrator is travelling to Alaska. Note this is the best info on arbitration: https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
  17. If arbitration is available, I would go with that. Being in Alaska gives you some advantages, I think. If JAMS is in the contract, you are entitled to a hearing in your area. Imagine the travel expenses for an arbitrator based in the east coast to Alaska. Expenses which the JDB will have to pay.
  18. More details would help us help you. Please answer the questions in this thread: Note, depending on who the OC is, arbitration may be available as an option. That is the best way to fight a JDB. If you do choose arbitration, you do not want to engage in discovery in the court.
  19. LVNV is well known for its whack-a-mole tactics.
  20. Read the thread by Fisthardcheese, that I linked in my reply above. That should answer a lot of your questions.
  21. Best info on arbitration: And, don't worry about the small claims language. You are being sued by a JDB in Ohio, where JDBs can't use small claims court. For a debt less than $1K, I doubt that the JDB will want to spend thousands of dollars in JAMS fees for this. I predict a dismissal if you file the MTC Arb. Check out threads by @MikeB35 for examples of winning MTC Arb.
  22. Right, but Discover ignored the election of arb and went ahead with the lawsuit. And it's not clear what the OP has done in response to the lawsuit.