Patz

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Patz last won the day on March 25 2012

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About Patz

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  1. Please don't add words to what I said. I never said anything about "the norm" and didn't portray it that way. I merely made a statement about my experience. And yes, arbitration is a great option. I had a nice win with arbitration. Tough forum. Everybody on the attack.
  2. Barbara Jean, I am likewise confused. The very first thing you should have done was to find Georgia's court site and read the court rules for filing and answering debt collection lawsuits. EVERYTHING is on the internet these days. You don't have to be lost. You're talking about showing up at the court. Is that the process in Georgia? In my state, we have to ANSWER the complaint, not just show up in court. Did you read all the information on the complaint? It should tell you how the process works. Of course you are confused here because you know nothing about Course 101 and people here are telling you about Course 405. For certain, you are not yet ready for filing motions to compel. They are not that simple. I encourage you to use Google to get educated. Once you have some basic knowledge, you can ask more detailed questions. Google is your encyclopedia of knowledge. Use it. You should know that Portfolio is a bunch of liars. Hold them to proving their case. They probably cannot prove they own the debt. Good luck.
  3. Please, don't forget to report this nonsense to the CFPB. Sorry to hear this is happening to you. Those large collection agencies are nothing but criminals.
  4. Harry, I'll just end with this. In my initial post, I said: "Case originally filed in court in Nov 2013. Arb filed in April 2014." Don't know how you missed that. And yes, when on forums like this, I am cautious about too much detail. People have been affected my their forum posts. Not at all foolishly interested only in opinions that agree with mine. But forums like this are a place for lively debate. At least that's how I perceive them. Often, back & forth conversation can lead to helpful information. I asked my question once. The rest was discussion. Won't debate your analysis of me. Neither here nor there.
  5. Didn't mean to imply it was tit for tat. But there was discussion about the filing date of the complaint being a critical date. That would be the case regardless which party filed suit.
  6. Likewise, this was my thought process. Will see what happens. Thx
  7. No BV80, it was resolved in the trial court. I did more Google research & find some back & forth on the issue. https://www.avvo.com/legal-answers/does-statute-of-limitation-tolls-when-the-case-is--559069.html Though I never put all faith in Avvo, most times it can be somewhat helpful.
  8. When I was in foreclosure court many years ago, that's exactly what happened.
  9. I don't think I said that electing tolls. I for certain know that's crazy. I referred to tolling via the filing of the complaint. A defendant cannot file/answer anything if court doesn't have jurisdiction. Thanks for everyone's assistance.
  10. As I mentioned above, "they ignored my request for arb BEFORE any fees were paid." So of course arb was initiated. The FDPA violation is NOT about initiating arb. The violation is their abject refusal to honor my request to resolve the dispute via arb. Once I elected arb, no court case could be filed. Electing and initiating are 2 different pieces of the puzzle. I disagree on your "hypothetical" point. I never had an opportunity to respond with my claims since the court didn't have jurisdiction. For certain, all of the violations that occurred after the complaint was filed are not moot. And again, the key date for calculation of time under the SOL is the date the complaint was filed. When they filed that complaint, it stopped the running of my SOL for any claims that occurred before that date. So long as the "court to arb train" is continuous, then I am okay with the SOL - and this was my original question.. I'll follow up later with outcomes. Seeing an attorney tomorrow for a consultation.
  11. The JDB ignored arbitration request both before and after the complaint was filed in the court. I totally understand about the "breach first" concept as it applies to a party wanting to make a claim for breach of contract. But there are exceptions to that rule. There are many contracts where a party's obligation to perform certain duties ONLY occurs after the other party has breached. If a defaulted debtor could not file an arb claim merely because he/she was in default, then we wouldn't be talking about arb on this forum. Exceptions also apply in the mortgage world. For some mortgages, there are certain things lenders are required to do after a borrower defaults. My cousin's attorney was successful with a breach claim in foreclosure in PA. More so, I didn't say I was making any claim for breach. My claims would be violations of the FDCPA. BTW, my contract clearly states that if I have a dispute, I can send a letter requesting arb. No court case need be filed at all. Harry, they ignored my request for arb BEFORE any fees were paid. My contract says they pay all fees. I know I could have sent the $250, but I did not want to do that. We have gotten so off topic. Can anyone comment on my original question about the SOL as it relates to a case that began in court and rolled over to arb?
  12. I never answered. I filed a MTD due to lack of jurisdiction since I had elected arbitration. Then I filed a MTC. But the filing of the complaint is the key date for the SOL, not when the defendant answers. If the plaintiff wants to be certain the SOL for counterclaims has passed, then they need to file the complaint after the SOL ends. This piece of info came from a very good consumer debt attorney in my state.
  13. Yes, elected arb 3x before complaint was even filed. I was ignored. Finally got to arb on a MTC.