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Everything posted by Patz

  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.
  14. I'm having trouble trying to determine when the SOL (for FDCPA) began for a case that began in state court and ended up in arbitration. Case originally filed in court in Nov 2013. Arb filed in April 2014. My question revolves around the fact that the SOL for my FDCPA claims would have expired in Dec 2013. But is the SOL stayed for all the time while the case was "trying to get" to arbitration? I can't imagine that going to arbitration after a MTC would require a new start period for the SOL. After all, that would be most unfair for the debtor if the JDB farted around with the arbitration waiting for an SOL to expire. I'm hoping that if there was a MTC, then arbitration simply picks up where the court case left off. Thoughts anyone? Hope I'm making sense.
  15. It might also be a function of the lender. If I were you, I would make some calls to a few lenders and ask about their policy. Married people have the right to apply for & get a mortgage in the name of one spouse - done all the time. But the source of the income could present some difficulty there. Is your husband receiving SSDI or SSI? It could make a difference in applying for a mortgage.
  16. As others have stated, a cause of action under your state's Consumer Fraud Statute is far easier than suing under Common Law Fraud. I would not hesitate to bring the action, especially in a defensive action, and especially if you're pro se. Hiring counsel might be another story as the cost could be prohibitive. The only thing you have to lose is nothing, basically. Just be certain to follow the rules of the court and the pleading requirements. Too often, people lose NOT because they lacked a valid claim, but because they failed to plead it properly. Fraud requires the pleading to be specific - who, what, when, where, how. NO way I would not plead the claim if I thought I had one.
  17. Agreed ..... small claims is not about due process. It's a speed race. Kangaroo court for sure. They just swiftly hop right along no matter what. I once had a court date adjourned. But on the originally scheduled date, the plaintiff's counsel was there (undoubtedly for his 500 other cases) and my case was heard anyhow with just the plaintiff. They just don't care. Everything was made right later, but jeez, that was just flat out wrong. I would try hard not to adjourn small claims again. Not worth the aggravation.
  18. You might want to take what they said in the "literal" sense. "Placed in the United States mail" does not mean the same thing as "postmarked." If I place something in a mailbox at 3pm on Saturday, it will not be postmarked until sometime on Monday - in all likelihood since it would have sat in the box for a day + 1/2.. Keep your eye on the main prize so the judge will take you seriously. It is extremely unlikely that the judge will throw anything out because of a mail technicality. In the event such a technicality affected your ability to timely respond, extensions are freely granted.
  19. Any sanction wouldn't be a "massive" sanction. Sanctions are not that common, especially not massive ones. I wouldn't look forward to that candy.
  20. I agree with willingtocope. The 1st place to look is your old agreement if you haven't already done that. . Some states, like NJ, have statutes about this. For some reason, I could not post a link to it. So just search Google for "New Jersey Statute 17:3B-41." See if your state has anything.
  21. I'm confused as to why a valid SOL defense doesn't end it all. If you have that, you don't need anything else. Bring that up in pre-trial. I agree the court will care nothing about your loss of time. And an attorney will be reluctant to "take over." Though I know one in my area who does it often, mostly on appeal. For most credit cases, the cost of counsel will exceed the debt.
  22. @sourdwifey - I remember being befuddled over that same paragraph in the complaint. When you answer that paragraph, all you have to say is "No answer required." When they write that phrase in a complaint (& it's in every complaint & probably most answers), it is so they don't have to repeat the facts (in the next count) because the facts were already stated in the prior count or elsewhere in the complaint. It's merely a time and paper saver. Good luck.
  23. @ar4966 Technically, we don't know where the alleged signed credit card app came from. Is it even a true copy or has it been pasted & photoshopped? Afterall, I'm sure they don't have the original. And you didn't keep a copy, so how can it be validated? Maybe someone went dumpster-diving. Maybe someone inside the OC is selling copies of customer's credit card apps to collection agencies. These days, nothing is outside the realm of possibility. Hence why they need to produce proof of ownership. One thing I have always realized is that once a case goes through the court system, all the docs become part of the public record, so anyone can later obtain a copy of anything submitted to the court. So once your credit card app becomes part of the record in this case, the court most certainly cannot rely on a copy of it for proof of anything. Boggles my mind why scanned court docs aren't watermarked so it's always clear where the copy came from. Best of luck.
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