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About Bradly1

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  1. I am trying to find a service that shows my complete history with that account. Currently, Truecredit and Identity Guard do show the old accounts but they only show 24 months of activity. I 2 accounts that were currently sold to Midland Funding LLC and the OC only shows the last 24 months and I want to see when first default happened for SoL verification. Anyone have a credit reporting service that shows the entirety or should I just have one mailed to me individually by each of the credit reporting agencies?
  2. It's 30 days from when you received the letter. For Example.."In regards to your letter dated March 15th, received on March 16th...." etc etc.
  3. Well of course the question is only about the one currently outside of SoL. I have been sued before but I pulled the arbitration card and that completely smacked the attorney upside the head. They were compelled to initiate and that was that they offered a mutual walk-away. I would prefer not going to court but I am somewhat comfortable there before of previous lawsuit, however, I did answer but I didn't need to seeing the Motion to Compel would have been sufficient and I had no experience with pre-trial discovery and admissions. The question really is would you Validate or not given you wo
  4. Midland Funding LLC, currently purchased 2 outstanding debts and sent me notice in the mail they had purchased the accounts and offered a settlement to those accounts. 1 is 3-4 months past SoL and the other has 6 more months before sol expires. The question is should I send a Validate letter to them or just let it go and hope they try to collect for another 6 months? Normally, I would DV them but with SoL so close I am at a loss for what action I should take. Any suggestions?
  5. Dismissal with out Prejudice is fine but they can sue you again. If you want it truly over and done with contact him and ask for a dismiss w/ prejucide. After slapping Council with my electing arbitration letter we argued over who needed to initiate so I just slapped him with a Motion to Compel Arbitration. They are lawyers so its their job to get the best possible outcome they can. So when you play it right they will do things like offer you without prejudice to strengthen their position. They lost but its possible they could re-litigate after their position has been strengthened. Dismissa
  6. Not exactly true, the FDCPA and the FCRA do have weight with the arbitrators. It's a law with civil penalties and its why you are asking for money in your claims/counter claims. Without the FDCPA, FCRA, TCPA etc they wouldn't even consider in your counter claims for penalties you are owed. You have to keep in mind some arbitration forums like JAMS have almost identical rules and proceedures to a court room, including discovery, its just less formal and private. Also, if you win in Arbitration and they lose its true they can still try to collect on the debt, but since arbitration was envok
  7. You haven't researched enough I can tell. There are so many options it can be confusing. -You can Motion to Dismiss/Stay the case listing Aribtration -You can Motion to Compel Arbitration asking the to Initiate -You can initiate and see if they stay the legal proceedings but alot of lawyers will continue anyway. Basically, What they are saying is...They don't have to initiate they want you to initiate. This is NOT set in stone wether you or they initiate is up to the judge and depending on your state and your judge you can actually force them to initiate, I know because I did:) The other pa
  8. You know I don’t appreciate being lied to, especially, by the admin of this forum! For the first time in my life I was facing a lawsuit. I was guilty, but facing tremendous financial issues. I believe this is true for most people in this forum. They are looking for legal help and can’t afford the assistance of a lawyer. I searched the forum but one thing remained constant. I was facing Capital One the original creditor and all its documentation in a court system that was hearing about 30 cases a day dealing with defaulted debt. I knew that I would get hit with a MSJ and I was 95% sure tha
  9. There are Zero Laws against enforcing a valid contract. He can do nothing as long as you dont Purger youself. Also, its why you don't share any pertenant information on this website. There is abosolutely no way he can legally Identify you without a court order giving him access to IP address for this forum. I doubt any judge would do that without some serious issues developing.
  10. Yea, I have considered legal coucil, however, I enjoyed the system so much I want to do it myself. I could care less about winning or losing, I just want the rush I was getting during this lawsuit. I should have been a lawyer I think, the court system really is all a game. Its more how you manuever the courts then the law itself, which, at times seem to take a back seat to what should matter.
  11. This is were knowing your courts rules and proceedures and how the law really help! Recently, during my first case I made a few mistakes and didn't initially reserch as much as I should have. In my state once you are served w/ a complaint you have various ways to answer. You can answer the complaint with a standard answer; or Answer w/ a Motion(compell Arbitrion or Dismiss) If you choose to turn in a standard answer you can always Motion to Dissmiss or Compell, however, it needs to be in your defenses and by answering you have acepted the courts right to decide your case. Once you understand t
  12. This case ended with a Stipulated Dismissal With Prejudice. The stipulation was that both parties would be responsible for their own cost and attourney fees:) and that neither party was admitting any guilt in the matter etc. I had the dismissal with prejudice before my court hearing to compell arbitration but the court took forever returning it to the judge. So I was forced to show up for the hearing, which, was a complete waste of time but nessesary to protect my rights. The judge vacated the motion and closed the case right there and then signed the order for dismissal with prejudice when
  13. Date Text 05/18/2010 SIGNED ORDER-STIPULATED DISMISSAL WITH PREJUDICE GRANTED 05/13/2010 COURT MINUTES Court Location: RJC COURT ROOM 8D - DEPARTMENT 12 Check In: Judge: XXXXX, XXX Location: RJC COURT ROOM XD - DEPARTMENT 12 Staff: XXXXX,XXXX - COURT ROOM CLERK: Present Prosecutors: Parties: CAPITAL ONE BANK USA NA - PLAINTIFF: Present MR LAYWER- Attorney for PLAINTIFF: Not Present MR LAYWERS SIDEKICK - Attorney for PLAINTIFF: Present ME, MYSELF AND I - DEFENDANT: Present The following event: MOTION TO COMPEL scheduled for 05/13/2010 at 10:30 am has been resulted as follows: Result
  14. Dismissals w/ prejudice kills the case permenantly. Once the judge signs the order you are done. The lawyers can put in whats called a Stipulation for the Dismisal w/ prejudice which would be the varoius things you agreed to do etc etc. Just read the paper work and you will know. However, what you described sounds like your done with the whole case. If you wish to pay do so if not then don't. Just double check before you drop your JAMS case. Even if you do drop it you can always resubmitt it to them.