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Everything posted by nobk4me

  1. I would also point out that here, the JDB walked on a $14K debt when faced with arbitration in JAMS.
  2. I would advise against that. That could be construed, or twisted into, and admission of the debt and willingness to pay.
  3. Looks like dismissal by the plaintiff. But wait for an official notice from the court to celebrate. Arb works!
  4. Just to clarify: you did file the MTC Arb with the court, and sent a copy to the lawyers? As for the interrogatories, if you want to pursue the arb strategy, it is best to object to all of them, as arbitration has been elected, and the scope of discovery will be determined by the arbitration forum. If you participate in discovery in court, you may waive your arb rights.
  5. The best way to beat a JDB is with arbitration.
  6. That's what I thought, too. And, for a debt from 15 years ago, it is almost certainly past the statute of limitations (which varies by state).
  7. With the OC of Synchrony, arbitration is the best way to deal with this. And, if you do go the arbitration route, you do not want to engage in discovery,a s that may waive your arb rights. Instead, you should object to their discovery on the grounds that arbitration has been elected. But first you should file the MTC Arb. I would suggest doing this ASAP. Best info on arb:
  8. Unless the JDB appeals (which is unlikely), it's over. You have prevailed. Congratulations. Don't withdraw the arb, though. What will probably happen there, is the JDB will be billed by AAA, the JDB won't pay, and AAA will dismiss the case for their lack of payment. Keep all the paperwork in case they (or a subsequent JDB) tries again in court. The probably won't, but it's best to have proof that they have failed to pursue arbitration.
  9. I think that may depend on the amount of the debt.
  10. It all depends on the court's discretion. If they want you to file with the arb forum by a certain date, and provide proof of that, the court's order should spell that out. AAA will not do this for you, if you do need to notify the court.
  11. Could this be a violation? Maybe consult a consumer attorney.
  12. If you are insolvent (owe more than you are worth), you can file Form 982 with your tax return and avoid taxes on the 1099-C amount.
  13. You always have the right to represent yourself. But, it is not uncommon for attorneys, judges and magistrates to exhibit disrespect for pro se litigants. You need to review Rule 53 of the Ohio Rules of Civil Procedure. Rule 53 deals with magistrates. Note that the magistrate's decision (which would come at some point) is not final. It is not the judge's decision, and under the rules, you have the right to file objections to it. You can also file a motion to disqualify a magistrate for bias. However, to prove bias, you need to have a record of what she said. Meaning, a transcript or recording. I am guessing there isn't a record? What I have seen, is these conferences with magistrates are held without a record being made. Would you be able to record the next one? Unfortunately, the local court rules often prohibit cell phones or recording devices in the court. Something else to consider, after this is over, if she really screws you over: filing a complaint with the Ohio Supreme Court: Of course, appealing an adverse ruling is also an option.
  14. If Midland doesn't go along with this (consumer bill of rights strategy), be prepared to defend the lawsuit in court. Depending on who the OC is, arbitration maybe available. Arb is the best way to beat a JDB.
  15. But see Lefkowitz v. Turley, a US Supreme Court decision that held the Fifth Amendment right does apply to civil cases.
  16. Well, to be maybe a little snarky here, most lawyers and judges do virtually no work during the month of December. Holidays, you know. They get back to business after the first of the year. Is there any indication of what this conference will be about? What you will need to prepare for it? Has the MTC Arb been ruled on?
  17. Not trying to hijack the thread here, but could you explain what is meant by "illegal skip tracing?"
  18. This is discovery sent to you by the plaintiff, correct? You are planning to object to them, right? Because if you answer them with anything other than an objection, that could be construed as participating in litigation, which could waive your arbitration rights. The best response to all of them is: OBJECTION. Arbitration has been elected, and a jurisdictional motion is pending in this court. The scope of discovery is to be determined by the arbitration forum.
  19. This is their standard response to a dispute letter. I have found NCB to be a relatively non-aggressive collection agency. They don't sue. But they do put a negative trade line on your credit report. If you are trying to clean up your credit, paying them is probably the only way to remove it.
  20. I wonder, given the approach taken by the JDB here, if it might be better, when answering the complaint, to simply admit that the defendant had an account with the OC, but not admit to the particular debt or amount in question. Thoughts, folks?
  21. Is your last payment date of July 2019 correct? It seems unusual for a creditor to sue that quickly.
  22. Could be a mistake? I have seen these local muni courts make lots of mistakes, wrong entries, entries for other cases, misspelled names, etc. Maybe call the court clerk and ask?
  23. It would help if you would start your own thread, and answer the questions listed here:
  24. Excellent outcome! Now, with the amount of the debt ($16K), you might want to consider options if they try to pursue you in Canada. I don't know if this JDB is legally allowed to do business in Canada. If not, maybe they can sell the debt to a JDB that is? I know nothing about Canadian debt collection law. I would suggest consulting with a lawyer in Canada.