BV80

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BV80 last won the day on April 19

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About BV80

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  1. If you are in limited civil court, read up on CCP 96 and CCP 98. If you are served with a “Declaration of Plaintiff in Lieu of Personal Testimony at Trial”, you can subpoena the affiant to personally appear at trial. The plaintiff must follow it. Here is a decision from the CA Supreme Court that addresses CCP 98. https://scholar.google.com/scholar_case?case=11539742947026699092&q=“ccp+98”&hl=en&as_sdt=4,5 “We answer the Ninth Circuit's question as follows: Section 98(a) requires an affiant to provide an address within 150 miles of the place of trial at which lawful se
  2. A judgment was issued against you by a court. You are being contacted by an attorney representing the plaintiff who won the judgment. Is it the same attorney who represented plaintiff in court? How could this be a trap? In PA, judgments last for 20 years as long as they are renewed every 5 years. From what you said, it’s another 3 years before the judgment must be renewed. What does the letter state about paying the settlement amount? It doesn’t matter if you bring up that the original balance is a judgment amount. A judgment was issued against you, and the law firm
  3. @giothegerman When sued, the first thing to do is answer the complaint. The documentation should inform you of how much time you have to file an answer. If you don’t file a timely answer, a default judgment could be awarded to the plaintiff against you. You are being sued by the original creditor, Capital One. Did you open the account and default on the balance? Is the date listed on the statement 2019? If so, it would appear the debt is still within the statute of limitations (SOL) for your state. If this is your account, I would file an answer with the court. Send a co
  4. I would contact a consumer attorney to discuss possible FDCPA violations or sanctions for possible violations of the rules of civil procedure.
  5. Res judicata means there was a final adjudication on the merits. Absent a court ruling or dismissal with prejudice, there was no ruling on the merits, so res judicata would not apply. Without prejudice would not allow for that defense, However, if the OP has a settlement agreement that shows the JDB agreed on a settlement amount and that the OP paid that amount, the proper defense would be “accord and satisfaction”. “Accord” means the parties agreed on a settlement amount and “satisfaction” means that the agreed-upon amount was paid. That’s why I asked the OP if there was an ag
  6. When you paid the settlement amount, did they give you anything in writing that shows the agreed-upon amount (settlement amount) and states that the account has been settled and paid?
  7. Google Scholar doesn’t provide briefs. To get those, you will need to look in court files. How about some background? I take it you lost in court against an original creditor? What was the judge’s reasoning?
  8. I don’t think there’s a possible FDCPA violation due to the following statement in the agreement and the rules of the arbitration forums. ”However, the arbitrator will have the authority to award fees and costs of attorneys, witnesses and experts to the extent permitted by the Agreement, the administrator’s rules or applicable law.” AAA Consumer Rules ”(a) The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case.” JAMS Rules
  9. That is true but ONLY if the arbitrator awards costs to the plaintiff. Did you demand JAMS or AAA?
  10. I understand the above. I only addressed the ownership issue because that was what the OP had raised.
  11. They are not required to “prove” ownership at this stage, therefore, a motion to dismiss would not be successful. Proof of ownership would be required either with their motion for summary judgment (if they filed that motion) or at trial.
  12. @Zuan What would be your grounds for filing a motion to dismiss? Are the accounts yours? I believe Credit One has an arbitration provision. Read the following thread. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/ Find the cardmember agreements that were in effect when you defaulted on the accounts. You should be able to locate them in the archives at the Consumer Financial Protection Bureau agreement database. https://www.consumerfinance.gov/credit-cards/agreements/
  13. JAMS would not accept your claim because it is not in the Cap1 agreement.