BV80

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BV80 last won the day on November 22

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About BV80

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  1. Please copy and answer the questions from the following link in order for members to better help you. https://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/
  2. What is/are your affirmative defense(s)? There is no formal discovery in Magistrate Court. In other words, you don’t send a “request for production of documents”, etc. Here is the SC Magistrate Court rule regarding the exchange of information. RULE 15 EXCHANGE OF INFORMATION BETWEEN PARTIES; SETTLEMENT (a) Recognizing the unique nature of the court's jurisdiction and the need for a speedy determination of actions filed in the court, the prompt voluntary exchange of information and documents by parties prior to trial is encouraged, but in no event shall the court require such
  3. 1692c(a)(1) (1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, adebt collector shall assume that the convenient time for communicating with a consumer is after 8 o’clock antemeridian and before 9 o’clock postmeridian, local time at the consumer’s location; The OP stated that he has received collection letters at his current address. Considering that fact, the debt collector should be aware that the calls are being made before the time allowed in the FDCP
  4. Time-zone issues would fall under the FDCPA. The TCPA covers calls made to consumers without their permission using an automatic telephone dialing system (ATDS). "The three elements of a TCPA claim are: (1) the defendant called a cellular telephone number; (2) using an automatic telephone dialing system; (3) without the recipient's prior express consent." Meyer v. Portfolio Recovery Assocs., LLC, 707 F.3d 1036, 1043 (9th Cir. 2012). Providing one’s cell number to a creditor, such as on an application, is considered consent to be contacted at that number regarding the account.
  5. It means a lawsuit has not yet been filed. That is why you were sent an “intent” to sue.
  6. In your MTC, if it were me, I would include the arbitration language from the agreement and the United States Supreme Court rulings from the sample MTC in the following thread.
  7. Can you assist in providing assistance as to what you would do....regarding arbitration  with Citibank CC agreement with the small claims court exclusion with a Midland JDB suit filed for $2500....in Texas.

    Hours or reading here and I cannot locate secondary course to follow.... if that exclusion is there.

    Would you take a chance and submit MTC anyway?

    Many thanks in advance.

     

    1. BV80

      BV80

      A little over a year ago, a TX resident on this site filed a MTC arbitration with a JDB who sued for a Citibank debt.  It was in Justice Court.  TX abolished small claims court a few years ago so that all small claims are filed in Justice Court.  The judge denied her motion. 

      That doesn’t mean you can’t give it a try.  Here is the thread and the arguments we suggested.

      https://www.creditinfocenter.com/community/topic/330995-small-claims-and-credit-agreement/

       

    2. texasbbj

      texasbbj

      Thank you so much!.   It was a good read...but she was denied the arbitration by the court so that part was not good.

      Not sure on what a appeal would involve, but can research that.

      So there appears no leverage for a settlement offer....🥺

      Thanks for your help.  

      I think I may be judgement proof but need to research that more.  Not employed, Im a senior with SS income only, homestead on house, vehicle still has big loan and I think exempt as well.  I can move what little money I have in the bank to cash, so that may be the only option I have.  

      Thanks again!  Your very kind to assist.

  8. Get an attorney. The fact that you can show payments you personally made plus PNC admitting your account was garnished shows that the judgment amount allegedly owed is incorrect. I would also check the court files from 2010 to see what it contains. When did PNC transfer the account to Barclays? Barclays should have received some sort of paperwork on the account from PNC. An attorney would know what extra steps should be taken.
  9. If you are being sued in limited civil court, search this site for information on CCP 96 and CCP 98. Also, read the following ruling from the CA Supreme Court. It explains the process. Here are a couple of excerpts. Meza v. Portfolio Recovery Associates, LLC (CA, Supreme Court, 2019) “This case involves one of the economical litigation rules. Statements made outside of trial are generally regarded as hearsay when they are offered for their truth (see Evid. Code, § 1200, subd. (a)), and hearsay statements are normally inadmissible unless they fit within a statutory exception to th
  10. I suppose you could check both. Read this ruling from the SC Court of Appeals. https://scholar.google.com/scholar_case?case=843187079067875584&q=“803(6)”+AND+“affidavit”+AND+“credit+card”&hl=en&as_sdt=4,41
  11. You do not have to use a process server to deliver your answer to the plaintiff. Note Rule 8 of the following link. https://www.sccourts.org/courtReg/displayRule.cfm?ruleID=8.0&subRuleID=&ruleType=MAG Included is the following’. “The court shall deliver a copy of the answer to the plaintiff in a manner provided for in Rule 8.” I don’t see how it could hurt for you to also mail a copy to the plaintiff’s attorney after you file everything with the court. In regard to what you include in your answer, you do not argue the merits. You only include your defenses. Y
  12. That is incorrect. A “claim” is not about the selected forum or the costs associated with filing in that forum. A “claim” is a demand by one party for something owed by another party. In this case, the claim was that the OP owed PRA money. In fact, the JDB is the party who originally claimed the money was owed. In selecting arbitration, a consumer is merely exercising the legal right provided to him in the agreement to choose the forum. A claim is frivolous "if the proponent can present no rational argument based on the evidence or law in support of that claim." Hamon Contracto
  13. There’s no “reporting”. If you have proof of a violation, that is one of your claims for arbitration. Have you already filed an arbitration claim?
  14. It can cause confusion and details can be missed when posters post in more than one thread.