BV80

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BV80 last won the day on June 27

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About BV80

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  1. The “plaintiff” is the party which claims to be owed money. That would be Portfolio. The law firm is merely representing the plaintiff. If you were to sue someone and hired a lawyer to represent you, then you would still be the plaintiff because you would be the person making claims against the other party. The lawyer’s job would be to file the lawsuit, file motions, and represent you in court. Have you read this? https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
  2. Based on the language of the Federal Arbitration Act, the judge was correct to stay the proceedings. That Act states that lawsuits should be stayed pending arbitration. He did not bend over backwards for the plaintiff. 9 U.S.C. §3 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.
  3. They told you to settle, because you knew about the lawsuit, signed the judgment, and too much time has passed. A court would not vacate the judgment now.
  4. You were handed the summons, so you were properly served. You went to court and signed the judgment. The time for disputing the amount was before you signed papers. You could speak to an attorney now to make sure the judgment was properly filed. However, outside of that, I doubt anything can be done.
  5. Unless you were not properly served, there is probably no way you can get the judgment vacated after 13 years.
  6. Do a search on this site for CCP 96 & CCP 98. Also read the following CA Supreme Court ruling regarding CCP 98. https://scholar.google.com/scholar_case?case=11539742947026699092&q=“ccp+98”&hl=en&scisbd=2&as_sdt=4,5
  7. The delinquency was with the OC. The “date opened” is the date the collection account was opened in the JDB’s files. There is nothing wrong with that.
  8. If these dates are being reported, check the date of first delinquency and date of last payment.
  9. Are they reporting the debt to the CRAs? If so, is every detail correct?
  10. That written notification containing your right to request validation would be required to take place after an initial (first) communication with you. When was the initial communication? As far as proof, they would merely have to show they have procedures in place to send the required disclosures. First, you would be required to prove there was an initial communication.
  11. If you don’t mind, could you post the “findings of facts and conclusions of law” with personal identifying information redacted? Whether or not PRA can report or has violated any laws will depend on exactly what was stated in the ruling.
  12. That is a bit confusing. Perhaps “the communication” referred to in (b) is the initial communication. If the initial communication did not contain the listed disclosures in (a) - (e), the next letter must contain the date the initial communication was sent. In other words, “we’re now sending you these disclosures that were not included in our initial communication we sent to you on this particular date.” Just an idea. 😀
  13. According to Haddad v. Alexander, Zelmanski, Danner & Fioritto, (6th Circuit Court of Appeals which is where the OP is located), a response such as you describe would be insufficient.
  14. In terms of bankruptcy, medical debts might be classified as “business debts”, but the 6th Circuit’s ruling in Haddad v. Alexander, Zelmanski, Danner & Fioritto made no reference to that. Perhaps it’s because of a requirement in bk of “voluntarily incurred”? The FDCPA makes no such distinction between voluntarily or involuntarily incurred.