BV80

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BV80 last won the day on April 7

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About BV80

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  1. In regard to an unpaid account, an OC will only report a -0- balance if it has sold the account.
  2. You should file an answer with the court immediately. See if the rules require you to send a copy to the plaintiff’s attorney (you probably have to do so). Check the court website to see if there is an answer form you can download. In the event a court date is set, show up. Magistrate court is less formal than higher courts. You need to check the magistrate court rules to see what is required for discovery. The judge may have discretion to determine whether or not he believes discovery is necessary. Judgments in SC last for 10 years. They can place a lien on your property. If you don’t own any property, a judgment can still make it more difficult to get a loan in the future (10 years).
  3. I understand about wanting to put up a fight. Could you please answer my questions in my previous post? It seems as though they cut it awfully close to the SOL based on your date of last payment. Here is the rule for complaints in SC magistrate court. (a) A suit is commenced by filing with the magistrates court a short and plain written statement of the facts showing what the plaintiff claims and why the claim is made. Provided, however, upon a personal appearance, the plaintiff may make an oral statement which shall be reduced to writing. The court or court personnel shall assist the plaintiff in reducing the statement to writing if the court determines assistance is required. This statement shall be called a complaint. A plaintiff may combine as many claims as the plaintiff has against a defendant in one case and may sue more than one defendant in one case if the claim involves all of the defendants. (b) The plaintiff shall state on the complaint the address to which the court may mail notices and correspondence concerning the case. If the plaintiff's mailing address changes, the plaintiff must advise the court in writing. The court may notify the plaintiff of all proceedings incident to the case by mailing the notice by regular mail to the plaintiff at the address provided. It says nothing about evidence.
  4. You wrote that you made the last payment on 3/27/2017. On what date was the lawsuit filed? On what date were you served?
  5. Along with what was stated by @Brotherskeeper, it’s what @fisthardcheese stated, as well.
  6. Yes, your motion to compel arbitration is a genuine issue of material fact. Granting summary judgment is an adjudication on the merits of the case. What you’re not understanding is that the court must decide your motion before it can decide on the MSJ. Check you rules to determine when motions are to be heard. This is from the Federal Arbitration Act. If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration." 9 U.S.C. § 3. From the U.S. Supreme Court. “The Act also provides that a court must stay its proceedings if it is satisfied that an issue before it is arbitrable under the agreement.” Shearson/American Express, Inc. v. McMahon, 482 U.S. 220, 225-27, 107 S.Ct. 2332, 96 L.Ed.2d 185 (1987). The judge must stay the proceedings. He does not have the right to adjudicate the plaintiff’s claims. If he were to grant the MSJ, he would be in conflict with the FAA and the Supreme Court That is a genuine issue that prevents him from granting summary judgment. Are they claiming you waived the right to arbitrate? If so, the IN Court of Appeals has ruled that the issue of waiver is to be determined by the arbitrator. I’ll have to get back to you with case law on that.
  7. Is “money lent’ the cause of action stated in the complaint?
  8. If you don’t mind, could you post the letter with all of your personal information redacted?
  9. Law firms don’t usually purchase debts. They strictly represent clients. If Cap1 is the plaintiff, then Cap1 is suing.
  10. That’s what I would do. @Harry Seaward
  11. After you receive notice from AAA stating that the case has been terminated due to the plaintiff’s failure to pay its portion of the arbitration fees, I suppose you could file a motion for sanctions stating that the plaintiff has failed to abide by the court’s order to arbitrate. Florida RCP 1.420(b) (b) Involuntary Dismissal. Any party may move for dismissal of an action or of any claim against that party for failure of an adverse party to comply with these rules or any order of court.
  12. Capital One removed arbitration from its agreements in 2010.
  13. The MSJ mentions T.R. 56(E). Rule 56 is the Summary Judgment rule. (E) Form of affidavits--Further testimony--Defense required. Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies not previously self-authenticated of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him. Denial of summary judgment may be challenged by a motion to correct errors after a final judgment or order is entered. All that means is that your response to the MSJ cannot rely on your general denial. Now that an a MSJ has been filed, you have to do more than rely on your denial. You have to set forth facts that show the judge there is an issue of material fact that prevents him from granting their motion. I suppose you would include an affidavit. A party moving for summary judgment bears the initial burden of showing no genuine issue of material fact and the appropriateness of judgment as a matter of law. If the movant fails to make this prima facie showing, then summary judgment is precluded regardless of whether the non-movant designates facts and evidence in response to the movant's motion. Tankersley v. Parkview Hosp., Inc., 791 N.E.2d 201, 203-04 (Ind.2003). Unifund only claims you didn’t follow AAA’s rules. They did not provide a rule that shows you are required to file a case with AAA and pay the filing fee in order for the court to issue an order to arbitrate. Where is that rule they claim you didn’t follow? As the moving party, Unifund has not met its burden of showing that there is no genuine issue of material fact that would preclude summary judgment in its favor. You can provide the AAA rule that shows arbitration can be started AFTER receiving a court order to arbitrate. That, in my opinion, is the genuine issue of material fact that does preclude summary judgment.