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Everything posted by nobk4me

  1. If the case was dismissed, why does the OP have to do anything? I am assuming it was dismissed without prejudice? I doubt very much if PRA will initiate an arbitration. The only thing they would or could do is sue the OP again. So you file the MTC arb again, and maybe initiate arb then if they claim you are not serious. They have claims against you, so I would say it's their responsibility to initiate. Now, if the court case had been stayed, not dismissed, I would say the OP should initiate arb.
  2. Does Discover still have arbitration in its agreement? That is another option. I know, people will claim Discover is extremely aggressive and will follow you into arb. But, they are not aggressive in all cases. I can attest to this from personal experience. Discover did not sue me and did not use any collection agencies, that I know of. For a debt over $6K.
  3. If the plaintiff has sent you discovery, you need to answer them, but in a special way so as not to waive your arb rights. This is especially important for requests for admissions; if they are not denied they are deemed automatically admitted, meaning you will be admitting you owe them money. This is how to answer for each of the discovery requests: OBJECTION. The defendant has elected private contractual arbitration. The scope of discovery is to be determined by the arbitration forum.
  4. Discover uses Delaware law, where the SOL is 3 years. But the CO borrowing statute cited by Goody is strange, not sure how to interpret that one.
  5. Actually, a stay is under the jurisdiction of any court, as I read the statute. It's just that a motion to compel arb, or dealing with the award after the arb has been completed, that is under the jurisdiction of a common pleas court. ORC 2711.02 B. If any action is brought upon any issue referable to arbitration under an agreement in writing for arbitration, the court in which the action is pending, upon being satisfied that the issue involved in the action is referable to arbitration under an agreement in writing for arbitration, shall on application of one of the parties stay the trial of the action until the arbitration of the issue has been had in accordance with the agreement, provided the applicant for the stay is not in default in proceeding with arbitration. Here the statute does not refer to a court of common pleas. But, as shown by MikeB35's victory here, in practical terms, it doesn't seem to make a difference.
  6. Is there an online court docket you can search to find out exactly what has happened, what the ruling was? And you might want to wait a little before filing in JAMS, to see if you receive a written ruling from the court with any instructions to the parties. You just had the hearing today, so it may take a few days for the court to make an official ruling and send it out.
  7. Maybe @BackFromTheDebt can help here? I don't see how you can answer without being served, but I don't know how WI works.
  8. SCAM!!! A debt 16 years old is beyond the statute of limitations. Not paying a debt isn't theft, you won't face criminal charges, and you won't be arrested.
  9. I thought you had a thread with a Midland case here, too. That could be disposed of with a BK. As for credit repair, I would be very skeptical that this is going to work. I assume you are paying money to some company which is claiming to settle the debts for you? Why bother, when BK can wipe out the debts.
  10. Doing some googling: 1. it looks like the NC SOL is 3 years; and; 2. CT may have a borrowing statute: Note, I am not a lawyer and am not an expert in the laws of these states. Maybe someone with more knowledge can help here?
  11. I think this looks favorable. Especially paragraphs 4 through 7.
  12. Maybe, IF your state has a borrowing statute, and the SOL in NC is 3 years or less.
  13. You are probably not going to find a lot of case law involving arbitration and JDBs. Case law is made at the appellate level. Most JDBs dismiss when a case goes to arb. It's not worth it for them to go to arb or to fight the trial court's arb ruling on appeal. How about statute law in NM? I assume NM has an arbitration act? If you can't find good state level law, then just stick to federal in your motion.
  14. Thanks for the update on OJ. I thought he had originally moved to Florida, after his acquittal in the murder trial, and maybe after the verdict in the civil trial. And that the civil verdict against him by the Goldmans was the reason he went to FL, with its debtor-friendly laws. But that was before he got in trouble, and went to prison, in NV.
  15. Another thought: if BK really isn't option for the OP, consider making yourself as judgment-proof as possible. Which shouldn't be too hard to do in Florida, which has generous exemptions for debtors. There's a reason O.J. Simpson moved to Florida.
  16. Never heard of a clause like that in a consumer debt. There are a few categories of debts that cannot be discharged in a BK, the ones Clydesmom mentioned. Are you sure that is what the clause says? Maybe it's a survivability clause? I have seen statements, usually in arb clauses, that the arb clause survives a bankruptcy. Which does not mean that the debt cannot be discharged in a BK.
  17. That's my time frame, too. Do you have any insights on what factors prompt creditors (OCs and JDBs) to sue? My experience is it's largely a crapshoot. Amount of the debt doesn't seem to be a huge factor. One thing I think is, though, is evidence of employment on your credit reports. Meaning wages to garnish. So I would advise everyone to remove all references to employment on the credit reports.
  18. Very good thread. A lot can be learned from the experiences of others. As for the phone, what I did was keep the landline off the hook most of the time, and gave my cell phone number to people I wanted to deal with. I probably missed out on some violations that way, but it did reduce the stress level.
  19. Arbitration is the way to go with this. File an answer denying all their allegations except your name and address, and include an affirmative defense: the court lacks jurisdiction due to the presence of an arbitration clause in the cardmember agreement. Then file a Motion to Compel Arbitration. Best arb info is here:
  20. You need to go one route or the other, not both. Either arb or discovery. I personally would choose arb over a court trial. But CA seems to be a state where fighting a JDB in court can still work.
  21. Note, I am not in CA, and thus am not familiar with CA rules and law. However, from what I have seen here, CA seems to be one of the few states where fighting JDBs in court can still work. But, apparently, it involves a lot of work and paying court fees. I personally favor arbitration. The law favoring arb is very strong, and a good MTC Arb should be granted. And that should be the end of the case. Or you might have to file in JAMS or AAA - but when they get the big arb bill, it's over.
  22. Setting a motion hearing is not unusual. I doubt it has anything to do with anything you have done, except filing the motion. But, you do need to be aware of a possible ulterior motive of the court: the hearing is an opportunity to get the parties together, so they can be urged to settle. And sometimes this urging is not subtle. You need to resist any pressure to settle (unless you want to settle) and insist on arb. You should be prepared at the motion hearing to argue your motion, why you want arb and why your motion should be granted under the law. If the plaintiff does not respond to your motion, yes, your motion should be granted by default. But it probably won't work that way. The court will go ahead with the hearing and will bend over backwards to accommodate the plaintiff. That's what happened in my case. The JDB attorney didn't respond to my arb motion, but showed up for the motion hearing. I argued that my motion should be granted by default. The court didn't dismiss (as I requested), but did stay the case. (Note the court will not be as accommodating to you as they are to the plaintiff.) It wouldn't hurt to draft up the JAMS paperwork, to show you are serious, in case that issue gets raised.
  23. If you want to settle with them, that's your option. BUT, I think you have a much better option, when dealing with a JDB and the OC is Synchrony: arbitration. Best arb info: I would file an answer to the lawsuit and a MTC Arb. You can make this go away for much less, probably around $0.