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BV80

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BV80 last won the day on October 22

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  1. Yes, in SC, a judgment becomes a lien on a home. It lasts for 10 years. However, it cannot be renewed after that period expires. 10 years is the limit.
  2. Cardholder agreements don’t require signatures. Check the archives on the lower part of this page. It contains 2020 agreements. Yes, you could use it to invoke arbitration. You need to use the agreement because you have the burden of showing there is a valid agreement to arbitrate. You can’t show that without the agreement . Credit card banks are required to post their agreements on the CFPB website. See the link. https://www.consumerfinance.gov/rules-policy/regulations/1026/58/
  3. Unless your court requires it, they don’t have to offer the “authentic, original” agreement. Rules of evidence allow for copies. In fact, the agreement you need for arbitration is the one that was in effect the last time the account was current. From what you wrote, that would be around July, 2020. The reason is because agreements are amended from time to time. The one in effect when you went into default would be the one that contains all amendments made by that time. In regard to the possible “previous knowledge of the account”, agreements are available in the CFPB credit card agreement database. Downloading an agreement from that database does not require previous knowledge of the account.
  4. You have the post mark on the envelope, but you mentioned you’re in small claims. Did you get permission from the court to request discovery? Yes, if they are offered to the court as evidence. At any point, has Cap1 provided an affidavit from an employee stating something about records made in the regular course of business or practice? Something like that? Did you ever answer the complaint? If so, what did you admit or deny?
  5. The right to cure only applies if a default can be “cured” and payment would make the account current. An account that is closed and charged off cannot be cured. SC Code 37-5-110 and 37-5-111. This is from 37-5-111: Cure restores the consumer to his rights under the agreement as though the defaults had not occurred. As we already know, paying a charged-off account will not restore “the consumer to his rights under the agreement as though the defaults had not occurred.” Therefore, “cure” could not apply to a charged-off account.
  6. You say it’s Midlands? Is it Midlands (with an “s”) or Midland Funding (no “s”)? When you sent the DV, did you mention being out of work, no income, or bankruptcy, perhaps?
  7. I would include it. Just a note: For #7 of your MTD, I would include the date JAMS closed the case and also clarify that Section 6(c) is a JAMS rule. For instance, After Exhausting Contact, JAMS Enforced Section 6(c) of its Rules and Closed The Case on ___________ (date). Section 6(c): If, at any time, any Party has failed to pay fees or expenses in full, JAMS may order the suspension or termination of the proceedings.
  8. You can raise the issue of standing, but if this is a credit card, I would also look up NY credit card rulings in which standing for OCs was an issue. Read the rulings to see why it was an issue and how the courts ruled.
  9. You can raise that issue, but not everyone puts their information out there. If you were to information on the affiant, how would you verify its authenticity? If you want to verify the identity of the affiant and challenge her employment status or the knowledge she expressed in the affidavit, you might want to look into conducting a deposition. Yes, an account is in default when payments are missed. However, you must look at the status of the account. Making a missed payment or two on an account that is still open would bring the account back to a current status, and you could continue to use the account. Once an account is closed, it can never be brought back to a current status. You can never use it again. When the account is closed, the full balance is owed. Your questions and thoughts are not dumb. Quick question: Is the plaintiff listed as “JPMorgan” only? Or as “JPMorgan Chase”?
  10. If you paid Credit One directly, then the account was not sold to a collection agency. I would contact Credit One and tell them to contact the debt collector. See what happens after that.
  11. If the account was sold to Midland, how can Cap1 still sue?
  12. @magali This poster is from your state. In fact, he/she posted today. https://www.creditinfocenter.com/community/topic/334909-being-sued-in-california-arbitration-a-2nd-time/?tab=comments#comment-1402265
  13. You’re referring to the rule of completeness. You need to see how your courts have ruled on that issue. I seriously doubt a judge or arbitrator would allow all names contained in the sale to be revealed due to privacy.
  14. Unfortunately, Indiana does not have a “borrowing statute” that allows for the use of another state’s statute of limitations. In Smither v. Asset Acceptance, the Indiana Court of Appeals ruled the Indiana SOL applied to a credit card account. “It is well-settled, however, that contractual choice of law provisions govern only the substantive law of any claims arising out of the contract; the law of the forum state where the suit is filed still governs procedure. A statute of limitation is a procedural constraint on when suit may be filed. Additionally, the prevailing authority indicates that, unless the parties expressly agree to apply the statute of limitations of another state, general choice of law provisions in contracts incorporate only substantive law and do not displace the procedural law of the forum state." Smither v. Asset Acceptance, LLC, 919 N.E.2d 1153, 1157-58 (Ind. Ct. App. 2010). Since Indiana views the SOL as procedural law, then the forum state where the lawsuit was filed, which was Indiana, governs the SOL.
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