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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 would prefer not going to court or is validation that important that I should validate. Nevada Law has an additional requirement to validation "that the CA obtain or try to obtain any documentation from the creditor that is reasonably responsive to the dispute, and mail that documentation to the alleged debtor." Just looking for advice my time is running close to ending and I need to send it out in a few days to ensure they receive it in time. No they currently are not on my credit report I believe they will wait till the 30 days are up before doing that if they even do so.
  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. Dismissal without is fine but I would be willing to bet if you either spoke with him or sent a counter offer in for a dismissal with prejudice they will sign off on it. Even if they flat out refuse they will still dismiss with out prejudice. It's common practice to negotiate out the terms of a stipulated dismissal so the lawyer won't be offended either way but you can't show weakness with your request at the same time. Most lawyers use the fact that they are comfortable with the whole legal process against those who just want to get the heck out to negotiate a stronger position for themselves. One case I offered 20% they took the deal and the lawyer tried to con me into signing a judgement against myself. I figured he thought I was stupid so I called him on his wording and told him if he wanted a judgement he will have to earn it. He stuttered and said he would rephrase the wording of the stipulation. Lol.
  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 envoked and they lost they will never be able to collect that debt from you unless you decide to pay it. If they try to sue you again you have huge claims against them. I.E Breach of Contract, Deceptive Trade practices. A form letter telling collectors not to contact you will stop all communication except letters or FDCPA violations you can sue for, atleast until they sell it off to the next buisness. Also, even if they win in arbitration they have to get the award confirmed by the courts before they can collect. Please keep in mind some states this is close to impossible and if you can defeat the confirmation the case is pretty much dead in the water. Please make sure you are aware of your State laws and court proceedures and you own personal details before using arbitration. It is an extremely powerfull weapon but its not absolute and proper research and consideration is important before using it. I used it and made them dismiss the case with prejudice for chump change on the debt, roughly 200 off 2400 includiong thier cost and legal fees. The 200.00 was basically paying for the legal firms time and cost on the case and believe me they would have dismissed the case but w/out prejudice and without the tradeline deletion, well worth the $200.00 for those 2 stipulations. If you know you are going to lose to a MSJ and your state has laws that either protect your rights to arbitration and/or make it hard to confirm awards by Arbitrators you may wish to consider Arbitration. If you contract, ie Crap One, has contractual protection vs paying thier cost and proper Arbitration forums like JAMS, whom have consumer min standards that protect you as a consumer from paying the arbitration fees you should definetely consider using it. however, the standard disclaimer, research, know your course of action and ALWAYS HAVE A BACK UP PLAN.
  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 part is an offer to settle because you elected for arbitration They never want to start the negotiation its considered showing weakness so they are asking you to start the settlement negotiations. When I elected arbitration and with each communication they keeped hinting at settlement I just didn't feel I was in a strong enough position and wanted to JAM my offer down their throughts when the time was right. What you should do is send them a settlment offer you can afford lowball them and see what they say. If they agree then your set and you can end this whole process quickly. If they refuse DEPENDING on your state court rules and proceedures you might then file a Motion to Compel Arbitration w/ Notice of Motion. Then send out a the same settlement offer and see if they accept. If they refuse show up to court and see what the judge says. If they force them to initiate and your debt is low enough chances of them proceeding is very low, however, feel free to offer an even lower offer and see if they take it. In my specific case I MTC they lost and were forced to inititate I then offered them 20% of my Debt with a Dismissal w/ prejudice and a trade line deletion. They agreed and we both went our seperate ways. I could have told them to piss off but I wanted an end to the fight. These are just a few suggestion like I said when it comes to arbitration there are so many possibilites and each decission by yourself, the plaintiffs council and the court that will change how you re-act. You need to research and know eactly what course of action you will take given each possible win/loss in the proceedural process. You could just initiate as well its up to you. I personally like the longer process it gives you more chance at gaining leverage and offering a small bit of cash to go away.
  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 that I was going to lose. I then come across the Arbitration forum. I read most of the threads and realized that it was the right path for my personal case. Trueq and MG05 never pulled their punches. They most definitely disclosed that a loss in arbitration was possible. The main theme of the discussion was using Arbitration as a tool for gaining leverage. Depending on your own particulars this could even lead to an offer for a mutual walkway. I read the CC contract, I researched the federal and state laws on arbitration then I went to the Las Vegas JAMS office and discussed Arbitration with the employees there and picked up the paper work. I researched legal pleadings in my state about compelling arbitration etc. Then I decided my course of action. -There were discussion on win/lose tactics -There were discussions on MTD/MTC w/ arbitration or pre-emptive strike of initiation -There were discussions on if a judge ignored your rights to arbitration. -There were discussion on possible losses and the possible awards of cost of arbitration being placed on you even though your contract might have excluded it. -There were discussions on how to properly assert yourself in the arbitration paper work. -There were discussions on your options should you lose in arbitration. Every aspect was discussed win/lose I used this to formulate my plan then I put it into motion. I messed up when I started it was my first time; however the end result because I followed the guidelines in this forum was a Dismissal with Prejudice. I never considered it an I win button. I knew all my options and what my next one would be if one of those options failed. You will always get people who don’t properly read then apply information. So people got screwed using arbitration. Well, that was always a possibility through the courts or arbitration. I don’t feel bad for them, they owed a debt they tried to get out of paying it and they lost! The only thing that mattered in the end is they asserted their rights and they had a fighting chance. You think wasting your time in a court system that is more then likely going to rack you up on a MSJ is fun? However, all of that is immaterial. What pisses me off is you banned MG05 and Trueq then when people inquired about their status, you lied! Of course you blocked their IP addresses. How do I know well because I asked? MG05 IP was banned but after someone posted you let him slip back on. Trueq’s is still banned but your statement, about not banning them” Utter lie. Then you implement all these rules about whining when in-fact the only person who has been whining is yourself. I don’t have the time or patience to deal with this type of self serving mentality. You were wrong; you at first removed 2 members who were promoting an extremely effective alternative if used properly. The one thing I learned from being sued is that it’s not necessarily about the law or what is right. It’s about how effectively can you maneuver the court system and properly place yourself in a position of strength. Anyway, don’t listen to the Admin when it comes to Arbitration. It works, just properly apply it to your situation and never…never expect your going to win. It’s all about your specific case details and how you apply it. Bankruptcy should always be in your back pocket as a feasible option. Believe me when I say from experience going from court to arbitration has so many opportunities to affect the outcome and so many chances to change the course your case its worth doing if you know your going to lose anyway!!! Peace Out
  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 the laws both federal and state and your own courts rules and proceedures you can make an informed decission. In my case I should have.. Motion to dissmiss/stay for lack of subject matter jurisdiction. Motion to Stay is in my arbitration laws so they wouldn't have dismissed but I always ask for the dismissal just in case:). If the judge denied my right I then would have filed an appeal. In most states the apelate courts are swamped. This automatically stays your current case until they make a decission on your appeal, which, in my case would have been 3-4 years. This would have more then likely ended up with a stay until arbitration had been decided if I would have lost the appeal would have had 3-4 years to prepare and save. Its pretty much a win win as far as the process goes if you decide on arbitration as your course of action. So, if you win your Motion to dismiss/stay you take it out of the courts hand from the very beginning if you lose then the appeal process takes forever. This lawyer is doing exactly that and its the path I would have taken should I have reserched properly from the moment I got served with my complaint. Instead I answered then filed a motion to compel when a Motion to Dismiss/Stay would have been the better route from the beginning. Every move you make in court can cost you so you have to have a proper course of action planned out from the beginning. I would have to say he is a pretty decent lawyer and knows what he is doing. If you are going Pro-Se then I suggest you not wait and reserch. Use the local Law Library and The courts information centers. You will find this whole process a lot less scary and actually fun if you take the time to alter your mentality. I managed a win against them with arbitration but that is because I knew what I was diong when I finally got around to that point. My debt was small, the pleading was solid and they knew they would have been compelled into arbitration and was a complete waste of their time. Don't take this as you scared them because they do this for a living, I just made it non-profitable for them and so they made the right choice from a buisness standpoint.
  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 the court actually got it to them lol. Arbitration carries risk, however, its about leverage. If you research the law, simular legal pleadings and your court proceedures then formulate an offensive strategy and stick to it then you to will see the light at the end of the tunnel. I would have lost this case period if it wasn't for arbitration and would have had to pay the full amount plus thier cost/legal fees. I knew this and so had to find an alternate path and that was Arbitration. Its much better to attack then to defend in my experience with this case. The one thing I have learned from all of this... If a CA contacts you attack dont hold back, keep accurate/detailed records, record phone calls, save messages on your answering machine, DV and pre-emptive lawsuites. I have allready sent this law firm a letter about violations during and supprisingly after my case was dismissed and plan on filing suit. I have 1 other collection agency that is my first DV and allready have 2 violations recorded. I enjoyed this lawsuit after the stress calmed down a bit. I learned alot and plan on expanding that information so when/if I end up in a simialar situation i will have 1. collected enough money from suits to pay or 2. Have a stack of counter-claims accurately documented so I don't have to pull the arbitration card and get to have the fun of riding the case all the way to the end, which, I sorta want to experience.
  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: VACATED Case Disposition: Disposition Code: STIPULATED DISMISSAL Disposition Date: 05/13/2010 Case Status: CLOSED Case Status Date: 01/21/2010 05/13/2010 VACATED COURT DATE The following event: MOTION TO COMPEL scheduled for 05/13/2010 at 10:30 am has been resulted as follows: Result: VACATED Judge: XXXXXX, XXXX Location: RJC COURT ROOM XD - DEPARTMENT 12 05/13/2010 MATTER CALLED AT 10:32 AM PLAINTIFF REPRESENTED THAT A STIPULATED ORDER FOR DISMISSAL WITH PREJUDICE BUT HAS NOT BEEN RETURNED BY THE COURT AS OF YET. 04/01/2010 DEFENDANT'S RESPONSE TO PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO COMPEL ARBITRATION DEFENDANT IN PRO SE 03/26/2010 PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO COMPEL ARBITRATION FILED Attorney: MR. LAYWER (XXXXXX) 03/26/2010 FILED CERTIFICATE OF MAILING Attorney: MR. LAWYER(XXXXXX) 03/24/2010 SET FOR COURT APPEARANCE Event: MOTION TO COMPEL Date: 05/13/2010 Time: 10:30 am Judge: XXXXX, XXXXX Location: RJC COURT ROOM XD - DEPARTMENT 12 Result: VACATED 03/24/2010 FILED NOTICE OF MOTION AS TO MOTION TO COMPEL ARBITRATION - FILED BY DEFENDANT IN PROPER PERSON 03/23/2010 MOTION TO COMPEL ARBITRATION FILED BY DEFENDENT PRO SE - NO NOTICE OF MOTION FILED 03/17/2010 ANSWER FILED 03/16/2010 FILING PARTY NOTIFIED APPLICATION FOR FEE WAIVER WAS GRANTED BY LEAVING A MESSAGE AT XXX-XXXX 03/16/2010 MOTION FOR FORMA PAUPERIS GRANTED 03/12/2010 MOTION FOR FORMA PAUPERIS / FEE WAIVER FILED AS TO DEFENDANT'S ANSWER 02/25/2010 FILED AFFIDAVIT OF SERVICE SERVED 02/23/10 01/21/2010 AFFIDAVIT OF COMPLAINT FILED Claim Amount: 1,5XX.XX Filing Fee: 71.00 Interest: 0.00 Attorney's Fees: 0.00 Other: 0.00 01/21/2010 CIVIL $1000.01 TO $2500.00/$71 FILING FEE Receipt: XXXXXX Date: 02/01/2010
  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.
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