nobk4me

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Everything posted by nobk4me

  1. This doesn't seem to be the case in Ohio. See Ohio Rules of Civil Procedure, Rule 41: RULE 41. Dismissal of Actions (A) Voluntary dismissal: effect thereof. (1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following: (a) filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant; (b) filing a stipulation of dismissal signed by all parties who have appeared in the action. 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.
  2. Yes, I am willing to help you. Sorry if I sound hostile, that was not the intent. It's just that your timeline is not making sense to me. It is good that you are being proactive, keeping track online, and preparing in advance. Keep in mind that I am in Ohio, and am not familiar with Wisconsin law.
  3. I guess I don't understand Wisconsin law - again, the usual sequence is they sue you, they serve you, then you answer. If they never serve you, you don't need to answer. Nor file a dismissal. Service is the act all the rest hinges on. How can you respond to something you (allegedly) don't know about? (They don't know you saw it online).
  4. IF you haven't been served yet, how can you have a deadline to answer by April 25? Service of the lawsuit is usually what starts the clock on filing an answer.
  5. Now, if you really want to discourage lawsuits, and collection efforts of all kinds, you want to get on WebRecon. That is a list of people who sue debt collectors for violating consumer protection laws. You need to learn about these laws, especially the FDCPA, and know when collectors violate them. And sue them when they do. Consumer lawyers will take a good case at no charge. I recommend sending a DV letter, by certified mail, whenever you receive a dunning letter from a collection agency or attorney. A common violation is continuing to attempt to collect without validating the debt. But that's for the future. Now you need to concentrate on the arb case.
  6. Have you been served yet? Hold off on asking the JDB to pay for arb, until the MTC Arb is granted.
  7. Here is the difference between an arb case and a non-arb case (debt collection case; note arb works best with JDB plaintiffs): Non-arb case: Plaintiff files complaint > Defendant answers > parties engage in discovery > Plaintiff files SJ motion (summary judgment) > SJ motion is granted, plaintiff gets judgment. (Or, if the SJ motion is denied, there is a trial. Or maybe the Plaintiff drops case is the Defendant is aggressive with discovery. The outcome depends on a number of factors, including state law, the attitude of the court (is it pro-creditor? is the judge cozy with the lawyer?), the amount involved, the attitude of the law firm (how aggressive they are). It's a crap shoot. Some defendants win using court, while a lot of them lose.) Arb case: Plaintiff files complaint > Defendant answers > Defendant files MTC Arb > MTC Arb is granted, court case is stayed > Plaintiff has to use an expensive and unfamiliar arb forum ($5000+) > maybe Plaintff gets arb award > Plaintiff gets arb award confirmed as judgment. Arb makes the path to a judgment far more expensive and complicated than using the normal court method. Note also that JDB attorneys are not usually legal scholars. Going through arb, or even responding to a MTC Arb, is usually above their pay grade. It's just not in the JDB business model to spend the money in arbitration to collect on an account they paid very little for. It is their business model to drop the case and move on to the easier prey, meaning the default judgments. The case usually ends after the MTC Arb is granted. Chances are you won't even have to file in JAMS or AAA. So the most likely outcome is a voluntary dismissal, without prejudice. Yes, they can sue you again, but they probably won't. Because they know you will file the MTC Arb again and cost them more money. I don't think we have ever seen a case here where a JDB came back and sued again, on the same account, after a defendant used arb. And the SOL clock keeps ticking, and the SOL will eventually run out. And you didn't pay them anything.
  8. No. look at the JAMS consumer rules, which state that the most a consumer will pay in JAMS fees is $250. This is a consumer debt, right? Not a business debt? Arbitration is absolutely the way to go with this. In Ohio, you do NOT waive arb rights by answering a complaint. Engaging in discovery would risk a waiver. It's quite possible you won't even have to file in JAMS, as JDBs often dismiss the case after the MTC arb is filed, as they would rather go after the easy prey, the default judgments. File the MTC Arb ASAP. Best current info on arb:
  9. 1. File the MTC Arb with the court, with copy to the plaintiff's attorney, NOW. 2. Answer their discovery with this: OBJECTION. Arbitration has been elected. The scope of discovery is to be determined by the arbitration forum.
  10. If the plaintiff has sent you discovery, you need to answer it, but in a particular way so as not to waive your arbitration rights. You need to OBJECT to them all, citing that arbitration has been elected, and the scope of discovery is to be determined by an arbitration forum.
  11. Be sure to study this thread on arbitration:
  12. No, your first step is filing the Motion to Compel Arbitration with the court. Be sure to request a stay pending arbitration. The whole point of the motion is to bring the court case to a screeching halt, and force the JDB into an expensive arbitration forum. You may not even need to file in AAA or JAMS, as the JDB may dismiss the case when the motion is granted.
  13. Since the OC is Synchrony, which has an excellent arbitration clause, your next step is studying the arbitration strategy, which is how you will beat them if they sue.
  14. Not sure that is good advice. You only have 90 days following issuance of an arb award in which to object to the confirmation of the award. The creditor has a year in which to file a motion to confirm the award as a judgment.
  15. R.C. 2711.03(A): A) The party aggrieved by the alleged failure of another to perform under a written agreement for arbitration may petition any court of common pleas having jurisdiction of the party so failing to perform for an order directing that the arbitration proceed in the manner provided for in the written agreement. Five days' notice in writing of that petition shall be served upon the party in default. Service of the notice shall be made in the manner provided for the service of a summons. The court shall hear the parties, and, upon being satisfied that the making of the agreement for arbitration or the failure to comply with the agreement is not in issue, the court shall make an order directing the parties to proceed to arbitration in accordance with the agreement. [Emphasis added. Note that the statute doesn't say municipal court.] See also R.C. 2711.16: Jurisdiction of judicial proceedings provided for by sections 2711.01 to 2711.14, inclusive, of the Revised Code, is generally in the courts of common pleas, and actions and proceedings brought under such sections shall be brought either in the court of common pleas of the county designated by the parties to the arbitration agreement as provided in section 2711.08 of the Revised Code, which designation is an irrevocable consent to the parties thereto to such jurisdiction, or, whether or not such designation has been made, in the court of common pleas of any county in which a party in interest resides or may be summoned, or if any party in interest is a corporation, in any county in which such corporation is situated, or has or had its principal office or place of business, or in which such corporation has an office or agent, or in any county in which a summons may be served upon the president, chairman or president of the board of directors or trustees, or other chief officer. [Again, emphasis added.] But, as I have noted above, experience with MTC Arb cases filed in muni courts shows that it doesn't seem to matter.
  16. I would use arbitration, if the OC's cardmember agreements have arb clauses. If using arb, I would wait until you are sued, and served, and then file an answer and a MTC Arb. Wait until the MTC Arb is granted before filing in AAA or JAMS. It's quite possible you won't even have to initiate an arbitration, as the JDBs often dismiss the case after the MTC Arb is granted.
  17. Yes, in my arb case in a muni court, I noted that as well. So I styled my motion as a Motion to Dismiss, or in the Alternative, to Stay Pending Arbitration. The case wasn't dismissed but was stayed. You definitely want to ask for a stay, since Ohio law makes a stay mandatory if there is a valid arb clause. But, in the years since, a number of posters here in Ohio have filed MTCs in muni courts, with success. It apparently doesn't make a difference.
  18. I believe Discover has an arb clause, but they are said to be aggressive and will follow you into arb despite the costs. But a settlement offer from them for 30% of the debt sounds good, given their aggressive reputation. Then again, Discover didn't pursue me at all for a debt over $5K. BofA was very non-aggressive, and quickly sold the accounts to JDBs. But that was over 10 years ago. Maybe their approach has changed.
  19. I hear what you are saying, with the GradPlus loan, but if the OP is being sued by a JDB, the account has been already been charged off, and the government apparently doesn't know about it, or maybe she doesn't have that type of loan.. She's been sued, so that bell can't be unrung. The is an arb clause here, so she should be able to win this that way. Maybe using arb could provide leverage for dismissal with prejudice and removal from the credit reports.
  20. See this thread, from an Ohioan, for examples of an answer and MTCArb.
  21. Maybe you should become a lawyer. Not all lawyers are bottom feeders representing JDBs. You could be one of the good guys helping the poor: public defender, legal aid, or a consumer lawyer taking FDCPA cases.
  22. More thoughts: some googling on the TJ Maxx card shows it is issued by Synchrony, which has the best arb clause out there. It will be VERY easy to get this to go away. Research the arb strategy here:
  23. First, you will probably get more help if you start your own thread. Second, is there an arbitration clause in the OC's cardmember agreement? If so, arbitration is the best way to defeat a JDB. Even if there is no arb clause, I think it would pay to fight them in court, especially for a small debt like this. You can easily run up their legal bill with discovery (and in Ohio, they cannot collect attorney fees from you for consumer debt) enough for them to drop the case. I did this with an OC for a debt over twice as large as yours. (If you are smart enough to go to med school, you can handle this!) It would be helpful if you could answer these questions so we have the info we need to be of more help:
  24. Has the JDB responded? Arbitration is the best weapon against a JDB, if the OC's cardmember agreement has an arbitration clause.