BV80

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Everything posted by BV80

  1. I would simply reference the collection account number in my letter header and state “I dispute the above-referenced debt and request validation.”
  2. The denial of your MTC did not specify “justice court”. It specified that the plaintiff had chosen “state court”. And if I remove correctly, the plaintiff did not attempt to claim a small claims or justice court exception in its objection to your MTC. The sentence you highlighted begins with “alternatively” . An alternative is an option, not a mandate. The sentence does not include language that prohibits arbitration for claims brought in justice court. In regard to your search efforts, do the IN rules of civil procedure apply to justice court or does justice court have its own set of rules? But, to be honest, I don’t know that it wold matter considering there is no justice court or small claims exception in the arbitration provision.
  3. 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/
  4. 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.
  5. 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.
  6. 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.
  7. Unless you were not properly served, there is probably no way you can get the judgment vacated after 13 years.
  8. 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
  9. 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.
  10. If these dates are being reported, check the date of first delinquency and date of last payment.
  11. Are they reporting the debt to the CRAs? If so, is every detail correct?
  12. 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.
  13. 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.
  14. 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. 😀
  15. 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.
  16. 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.
  17. @Jinxo It is not true that a response to your validation request could simply provide the name of the vet and the amount owed. Here’s a FDCPA ruling from the MI federal court. See Scarbrough v. Rausch, Sturm, Israel, Enerson, & Horlick, LLP (E.D, Michigan, 2018). In response to a validation request, the debt collector sent the following: ”Here, in response to Plaintiff's verification request, Defendant Rausch sent Plaintiff a letter which stated: "The original creditor is Synchrony Bank (Sam's Club personal Credit) and the current owner's name and address is CROWN ASSET MANAGEMENT, LLC, 3100 BRECKENRIDGE BLVD, STE 725, DULUTH, GA 30096. As of date of this letter, the current balance is $1,375.68” The MI federal court ruled that, based upon Haddad v. Alexander, Zelmanski, Danner & Fioritto, (6th Cir. 2014), the response was insufficient to verify the debt “Here, the verification did not state where or when the purchase took place. It also contained very little information on the nature of the purchase by referencing only ‘Sam's Club Personal Credit,’ the amount, and the names of the financial institutions. Under Haddad, this letter did not provide enough information ‘from which the consumer could sufficiently dispute the payment obligation.’" Judge the 2nd letter sent to you accordingly
  18. That sounds about right to me. Hopefully, @fisthardcheesewill chime in.
  19. The creditor must pay its own filing fees. If it fails to do so, the arbitration forum would close the case. At that point, you could file a motion for sanctions with the court for the creditor’s failure to abide by the court order and request a dismissal with prejudice. If the creditor were to simply drop the lawsuit and refile in court, there would still be the issue of its failure to pay the arbitration fees. Just because they drop the lawsuit in court doesn’t mean the arbitration case you’ve filed is automatically closed. You would be able to show that you had a previous order to arbitrate, filed, and the creditor failed to pay. Under those circumstances, I doubt the creditor would refile.
  20. @Raybert For future reference, in the 6th Circuit where you are located, more than the name of the OC and amount owed was required to validate the debt. The 6th Circuit Courtappeals has ruled that the "baseline" for verification is to enable the consumer to "sufficiently dispute the payment obligation." See Haddad v. Alexander, Zelmanski, Danner & Fioritto, PLLC, 758 F.3d 777, 785 (6th Cir. 2014). To provide only the name of the OC, amount owed, and no account number would not enable a consumer to sufficiently dispute a debt. However, the billing statements provided to you did give you enough information to sufficiently dispute the obligation.
  21. I don’t know why she told you to file the appeal in the district court. The Circuit court hears appeals from the district court. ”In addition, the circuit court hears cases appealed from the general district court and from the juvenile and domestic relations district court.” http://www.courts.state.va.us/courts/circuit/home.html
  22. I would read the ruling to the attorneys to whom you spoke and ask why the law and VA Supreme Court disagrees with them. Then, perhaps they would be able to tell you who to contact. Pursuant to Code § 8.01-581.016: 879*879 An appeal may be taken from: (1) An order denying an application to compel arbitration ... (2) An order granting an application to stay arbitration ... (3) An order confirming or denying an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A judgment or decree entered pursuant to the provisions of this article. Seguin v. Northrop Grumman Sys. Corp., 277 Va. 244, 672 S.E.2d 877 (2009). Read this case. https://scholar.google.com/scholar_case?case=2281389106825008716&q=“++§+8.01-581.016)”&hl=en&as_sdt=4,47 “Code § 8.01-581.016 confers upon this Court jurisdiction 743*743 to review a circuit court's order that denies or compels arbitration.”
  23. Read to them the VA Supreme Court ruling, and ask them to explain why that court disagrees with them.