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BV80 last won the day on January 23

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About BV80

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  1. I notified fisthardcheese for you. As far as I know, AAA is supposed to honor a court order.
  2. @ShaunTheDon Dis you send a copy of the court’s order to arbitrate to AAA?
  3. 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; According to the above, a plaintiff can voluntarily dismiss anytime before trial as long as there is no pending counterclaim.
  4. How do you know the law firm is a debt buyer? I doubt that’s the case. Lawyers who would lie to the court would risk fines or disbarment or both. Considering that most credit card debt lawsuits are won by default, require little work on their part, and they get paid by the plaintiff, they have no reason to risk their careers. If not already provided, at some point an affidavit from Cap1 will be provided. If it does not include that the account has been sold, then Cap1 still owns it. Also, check Cap1’s entry on your credit report. If the account has been sold, Cap1 will include “sold” or “transferred” in the entry. In addition, it will show a zero balance. In the event that it does not include ‘sold” or “transferred” and still shows a balance, Cap1 has not sold it I understand that there are complaints against them at the CFPB, but you must understand that at least of those complaints are not valid. When people are sued, they get angry and scared. Most consumers know nothing or very little about collection laws and court procedure. What they may view as an illegal act may not be illegal or improper at all. Don’t take my post the wrong way. I’m not a fan of collection attorneys because I know they can be underhanded. However, that does not apply to all collection attorneys. There are those that are aggressive but are not underhanded.
  5. Did W&F know the details of your situation? Do they know those details now? Was the debt in both yours and your husband’s name? If they didn’t know of your situation and had never been informed to not contact you, they did not invade your privacy. In regard to the FCRA, the credit report at issue is your husband’s. In order to have a claim under the FCRA, there would need to be inaccurate information on your credit report.
  6. Check to see if the complaint has been filed with the court. If it has, you have been sued.
  7. No one here is pretending to “know it all”. It is a fact that it is easier for OCs to prevail in court because of their access to records and ability to authenticate those records. Yes, sometimes they are careless and do not meet a court’s standards. For you to stand a chance, you need to research your state court rulings to determine the courts’ standards for proving the stated cause(s) of action and record authentication. Here is what the MA Supreme Court has ruled on business records. Such records are "presumed to be reliable and therefore admissible because entries in these records are routinely made by those charged with the responsibility of making accurate entries and are relied on in the course of doing business." Wingate, supra. You would have to cast doubt on the reliability of the records. Can you do that?
  8. How long has it been since any action (motion, requests, etc) was taken in this lawsuit?
  9. Well, if you can prove it, you have an FDCPA violation against them for filing suit without validating the debt. The downside is that they can claim they did send validation.
  10. Did you send your validation request within 30 days of receiving that letter that contained the 30 days to dispute verbiage?
  11. Debt collectors are allowed to report. Transworld is bonded in TX.
  12. Note that the dismissal will have no effect on the original creditor’s entry on your credit report (assuming the original creditor is reporting).
  13. Are they contacting you or just reporting on your credit report?