Jump to content

Jimmy E

Members
  • Posts

    368
  • Joined

  • Last visited

  • Days Won

    8

Jimmy E last won the day on September 7

Jimmy E had the most liked content!

1 Follower

About Jimmy E

  • Birthday 01/18/1967

Profile Fields

  • Location
    Arkansas

Recent Profile Visitors

2,218 profile views

Jimmy E's Achievements

Impressive 100+ postings

Impressive 100+ postings (5/6)

119

Reputation

  1. @Bulldoger Thanks again for the excellent info! I filed by mail. Yeah, in my 'motion' I mentioned the TRUE fact that there was a two week period in Aug where I moved my son to another part of the state, where he contracted covid and strep (he's okay now), which delayed my answering. So, it wasn't just a "I have no reason at all to have been late in filing an answer." I'll go up there as you all have recommended, to see what's in the file. I have a STRONG 'gut' feeling if it's missing an affidavit of account and/or a motion for default judgment, it will "magically" appear a day or two after my visit. I'm not kidding about the town I mentioned. These complaints are literally 'fill-in-the-blank' (you owe 'x', you live at 'x') -- even the default judgment. I really need to bone-up on ARCP. Maybe Plaintiff doesn't have to file a motion for default judgment before a default is granted, but would think they would have to have the affidavit or some statements. Anyway, your input greatly appreciated. Thanks again! Jimmy
  2. @Bulldoger Thanks for the information -- I really appreciate it! I know I'm fighting an uphill battle on this one -- especially since I was technically 4 days late with my answer denying the claim. In the 2500 cases I scrolled through from this Plaintiff attorney (just back to April 2021), it was disheartening to see that not a single person answered at all. But it really bothered me to see the default judgment granted without an affidavit of account or even a motion for default judgment -- a kind of backwards "PROVE YOU DON'T OWE US MONEY!" As @BV80 pointed out though, I should go to the court to look at the file. Given the sheer number of cases filed from this ONE attorney, I honestly think once a week the clerks pull all cases filed by this attorney that are 30 days old, and if there is no answer to the complaint, they grant a default and stamp the judges name and move on. A funny aside, the "judge stamp" on mine is Whaaa? I had to look up the judges name! The clerk was kind enough to email the judgment to me. I've still received nothing in the mail from Plaintiff attorney. I fully expect the ultimate recourse to be a de novo appeal, which I'm beginning to lean heavily against. It would be a waste of time, money, and energy to fight back on principle. No judge is going to believe I received NO billing statements -- I get that. At this point I'm thinking the best way to proceed is *IF* by some miracle my motion is granted, to just try to negotiate with Plaintiff attorney to pay the $299 without his $230 in fees, on the slight chance he would equate a granted motion for me as a much longer delay in collecting anything at all. Thanks again! Jimmy
  3. @BV80 I appreciate the information! In my county, filings into this particular District Court show a date, a brief description of what the clerk filed, but no link to actually SEE anything. On the other hand, in other counties in the state, one can click and see EVERYTHING that any party has filed. That's why I noticed that, in this case, Plaintiff had not filed a motion for default judgment. However, I was able to see and read exactly what he's filed in other counties. Of course, you're right. I just need to go to the court and ask to see the file. The strange thing about this whole thing is the attorney has an office in our largest city, but uses a district court that is still in same county, but 30 miles away! I just know this Plaintiff attorney sits behind his desk with the luxury of electronic filing. Truth be known, he's probably hasn't physically been to this court in months and months! lol This small-town is notorious as a speed trap, and people getting a bad "shake" in general with this court. I know that's irrelevant, but if you knew this small town, you'd understand. Anyway, thanks again! Jimmy
  4. I was served with a Complaint on July 31, 2021 saying I owed just over $299 to a hospital. Having access to my entire account with this hospital online, I NEVER saw invoices or statements that I owe this amount. I NEVER received a billing statement, phone call, email, or any kind of message saying I owe the hospital this amount. The FIRST I knew of this was a court server who came to my home, left a 'sticky-note' that a lawsuit had been filed against me. Having returned home within an hour of this 'note,' I called the server and asked if she could deliver the 'service of complaint' asap. Within the next hour, she came back to 'SERVE' me on a Sat evening...fine. I swear on my children, I was completely unaware that I owed 'hospital' anything at all -- after insurance paid, along with my not seeing a balance on the hospital website. To clarify, I would go to hospital site to see results of tests, etc. The site included "billing," which I never saw ANY amount due --- after insurance and co-pays. If I go to site now, it is the SAME -- NOTHING, which hospital I'm sure would argue it was removed because of collection activity. All of a sudden, without receiving billing statements, no emails, no phone calls, no messages, I suddenly get a single-page Complaint that says I owe hospital $299. Of course with Plaintiff filing fees and 'costs' the total is now $530.00 -- meaning, IF I owe $299 according to Plaintiff, they've added an extra $230 for 'fees.' First, seems unusual that a Plaintiff 'debt collection company' would spend $230 to collect $299 -- go figure. ****NOW THE PROBLEM/QUESTION**** I was SERVED on Sat, July 31, 2021. My fault, but did not answer until August 31, 2021. My answer was a general denial. It was technically put into the case by the court clerk on Sept 3, 2021 -- a total of 4 days late. Next thing I see online is a DEFAULT JUDGMENT in favor of Plaintiff -- a barely recognizable 'stamp' signature of the judge . I ASSUME it was because I was technically LATE in replying to Complaint (30 days). Here is what I did NOT see: The Plaintiff did not file a 'MOTION FOR DEFAULT JUDGMENT.' In other words, the case went from court filing my ANSWER to Complaint (filed into case file on Sept 3 as I saw online), to me seeing a DEFAULT JUDGMENT against me (on Sept 10 online) for $529. Plaintiff NEVER filed a 'MOTION FOR DEFAULT JUDGMENT,' but seemed to have gotten it anyway by the court! Makes no sense to me! I have yet to receive ANYTHING besides the Original Complaint, which was on a single page, and included NO affidavit as to the accuracy of account. I'm a very honest person. If I owe this hospital $299, I'm happy to pay it. What pis*es me off is the original complaint (an accusation with no proof) presumably means I OWE IT! I disagree. On Friday, Sept 17, I sent a "MOTION TO SET ASIDE DEFAULT JUDGMENT" giving, what I consider 'valid' reasons by missing the 30-day deadline by 4 days at most (emphasis added) -- using AR Rules of Civil Proc., Rule 55). I suppose I'm asking opinions on the forum what I should do? IF I owe $299, I'm happy to pay, of course. What upsets me is that I filed an answer 4 days late (at the latest)!. In my 'Motion to Set Aside Default Judgment,' I quoted ARCP 55, which gives the judge discretion to allow me to send discovery, etc. In fact, the particular rule states something to the effect of: 'Plaintiff should PROVE case and not be awarded it on a technicality'. If it matters, this Plaintiff attorney has THOUSANDS of cases filed using this small-town district court in a big county as its venue, no kidding! Is it proper for judge (or clerk) to simply rubber-stamp a default judgment when the technical 30-day deadline has lapsed -- again without consideration as to my 4-day late answer? In Ark, I know I can do a de novo appeal to CIRCUIT COURT. It's $300 bucks I allegedly owe. A one-page complaint, no affidavit of accuracy of account, NOTHING -- just a "you owe this, PAY it!" Any ideas on what 'monkey-wrenches' I can toss in if my 'Motion to Vacate Default Judgment' is not granted, besides a de novo appeal to Circuit? I've looked at more than 2500 cases filed by this Plaintiff attorney (as a debt collector) -- just back to April 2021 (I got tired of clicking backwards beyond that) for Plaintiff cases filed in this small town District Court. Only when I look OUTSIDE my county do I see Plaintiff EVER file a 'Motion to for Default Judgment,' but NONE in my county -- only robo-cases, robo-stamped as default judgments after 30 days elapse. ANY input would be greatly appreciated. Thanks in advance. Jimmy
  5. @Xtreme98, as I said, I know NOTHING about arbitration, but did want you to put the following comments aside (to use if you need to) in case Plaintiff does NOT follow you into arb. I cut/pasted from a different section of this forum:.... --------------------------------------------------------- The party to a terminated arbitration (YOU) should request an order from the arbitrator spelling out in detail the grounds of the termination and the effect such termination should have on later proceedings. Such an order should be requested prior to the issuance of the arbitrator’s termination order, as such an order could be construed to divest the arbitrator of jurisdiction. --------------------------------------------------------- In other words, in case it helps, if the above can help you keep jurisdiction with the arbitrator (arb company), all the better if any kind of 'new' suit is filed on this alleged account. I hope others on the forum who have more experience with arb will comment. While the potential 'termination' of arb comment above makes sense to me, perhaps others can offer other/additional advice for what to keep in mind 'down the road.' Best, Jimmy
  6. @Xtreme98, yeah, you're in good shape. As I've said before, what I know about actual arbitration, you could fit in a thimble! If I were you, I'd check with the court clerk on maybe the 10th to see if Plaintiff has submitted its letter to court as instructed by the judge. More importantly at this point, since you are officially "in" arbitration with the blessing of the court, it now turns to whatever deadlines JAMS has for Plaintiff paying its fee. Do you know if there is a hard deadline for them to do this?? Just in case they don't follow you into arb, I'd be working up a MTD -- worded and presented properly to get the case dropped (hopefully WITH prejudice)! Good luck! Jimmy
  7. @Xtreme98, I just wanted to add that the more I see what you have done, the bottom line is the Plaintiff MUST participate in the arbitration that you set up by the time the judge is expecting to see that you have initiated arbitration. At MOST, imo, the Plaintiff may argue you did not get things set up in arb within the 60-day timeframe. The judge signed the delay on June 28. You say you got everything filed with JAMS. What date?? Worst-case on taking more than 60 days could be 'covid,' or similar argument Plaintiff used for waiting more than a FULL year to continue litigation. Either way, Plaintiff or court may not bring up a delay of a few days on either side. But, just in case, you can provide the same answers Plaintiff gave for delaying litigation. Assuming you get your JAMS filing to the court (and copy to Plaintiff) by September 8, you should be in good shape! At that point, Plaintiff MUST show they have participated in JAMS arbitration or NOT. Odds are Plaintiff is not going to pay the large fees mandatory by JAMS -- though, technically, they COULD. At this point you go one direction IF they lay out $ to enter arbitration, or another if they don't. If they do NOT pay fees to arbitrate, then at some point JAMS will close the case because of non-payment by Plaintiff. That would be ideal, and IMO what they will likely do (or in this case, NOT do)! Bottom line, you are in a great position because Plaintiff has to either 'put up or shut up.' At most, they throw a lot of money to join arbitration. At any point you can make a settlement offer if you want. Either way, once in arbitration, the MOST you would ever pay is a smaller, negotiated amount. Certainly a LOT less than if litigated in court, imo. The thing is, the original creditor has an arbitration clause to avoid potential class-action lawsuits. It's easier for OC to handle single cases (even if they have to pay) than it would be for a potential class-action. This is 'kryptonite' to the JDBs because they file suits against individuals (hundreds or thousands in a single court district). BUT, since they 'bought' the alleged debt, they also bought the CONTRACT from the OC. The JDB steps into the shoes of the OC, which means they must legally abide by the OC's fine print -- including arbitration. Hope that makes sense! Best, Jimmy
  8. @Xtreme98, if I'm not mistaken, you are to file a status letter with the court by Sept 8 -- that's this Wednesday! I would file the letter proving you've initiated arbitration, then evaluate from there. The alternative is the judge will lift the 60-day stay and Plaintiff will just proceed with the court litigation. I have almost zero experience with arbitration (only what I've gathered over the years on this site), but believe others would also say wait -- at least until you see if Plaintiff is going to pony-up their greater part of the money to JAMS. They HATE doing that, and may pass altogether. Good luck! Jimmy
  9. Hey @wernda1234 Thanks for the fast reply. The timing of their filing a complaint makes sense now. My 'service' was in Nov 2019, so within a few months of the SOL. Interestingly, after my original post, I looked back and saw I had paid hundreds of dollars over the years to them for whatever insurance did not cover. SO, there is precedent of my having no problem paying them. I just did not EVER get a bill from them for this one! Strange. Thanks again! Jimmy
  10. I had an expensive medical procedure a couple of years ago – paid for by insurance. Fast forward to today. I was served with a complaint saying I owe the hospital some under $300. This is the FIRST time I have been aware of this debt. I honestly never remember receiving a bill, message, NOTHING, or I would have happily paid it. The complaint, with attorney fees, filing fees, and server fees almost DOUBLES the bill to some under $600. Should I just pay and be done with it, contact attorney to reach settlement, contact hospital accounting, or what? The non-payment is not even reflected on my credit report! I know the “didn’t get your bill” would not be believed even though it’s true. Just on principle, I’d like to pay what I owe – but DOUBLE?! Your thoughts would be appreciated. Jimmy PS: This 'collection' attorney filed the complaint in mid-June (along with 1000+ others in June). I just got served Aug 2.
  11. @Xtreme98, Re-read your original answers to their complaint. I would argue that the denials you provided simply showed you owe JDB 'Velocity Investments' exactly: JACK SQUAT! The first two statements on their complaint establish who they are, and where you live. The THIRD is that you entered into agreement with 'X Company,' which, QUOTE "has heretofore been assigned and sold to Plaintiff." ALL other statements build from the third statement. I would argue that DENY is correct because you have no idea that 'X Company' is an assignee of 'Y Company' -- and sure as heck can't admit that all of this has been sold to 'Velocity Investments!' This is buttressed by the fact that you quickly filed to ARBITRATE. One can't arbitrate without their being an account. Why else ask to arbitrate?? It lends further credence for the reason you DENY plaintiff's third statement, as mentioned above. Sorry for the ramble. I just read what the Plaintiff submitted on June 24, 2021 -- the 'why the judge should not allow arb,' and I had to comment. Jimmy
  12. @Xtreme98, You did FINE in getting the stay. Just out of curiosity, in showing how Plaintiff attorney abused 'Rule 41,' did you bring up the fact that, while she said she did NOT have time to continue with your case for more than a year because of "ongoing family emergencies, covid," and a litany of other excuses, STILL had time to file and proceed with HUNDREDS of other cases in a 3 or 4 state area? That alone shows there is no "good cause" for the case to continue on the docket (as Rule 41 states). Plus, you didn't claim that 15 months was a 'substantial' amount of time -- just that this 'time-challenged' attorney did 'ZIP' for more than a year with your case, citing no time. But her actions are clearly different! She's being extremely disingenuous -- excuses that don't match her actions. I don't understand why a judge would not see that too. Oh well, common sense and law are rarely equal. If it's any consolation, even if the judge would have dismissed the case, I'm positive it would have been 'without prejudice,' allowing the Plaintiff attorney to simply re-file the case again. You got this though! Congrats! Jimmy
  13. @Xtreme98 To be completely fair, I suppose you have to deduct the 'CLOSED' cases. That still leaves an extremely large number! The reality of it is not different than most JDBs -- they file as many cases as is possible -- counting on 90+% of defendants not answering the complaint and losing by default. The 'easy wins,' the 'low-hanging fruit' where payday happens by her never having to leave the computer. It should be harder. I wonder how much sympathy this attorney has for people she's filed wage garnishments against? Isn't it funny how she sees herself as offering valid reasons for inaction to the court, but to her defendants -- those preyed on and squeezed by wage garnishment offer 'excuses?' Very hard to sympathize with such a person. Jimmy
  14. @Xtreme98 Ahh, I see what's going on. I looked at the "ORDER." This document was written and submitted by the PLAINTIFF. A regular person, like me, upon first read makes it appear that it was written by the judge himself!. In other words, it's written from the PERSPECTIVE of a judge, with a signature and date line, and declares: "...that Defendant's Motion to Dismiss is DENIED" -- and hoping judge will sign it. Instead, the judge 'DENIED' their 'ORDER.' This normally means the judge is not convinced of the reasons Plaintiff is giving for the long delay in moving the case along. But he's also not convinced he should dismiss the case -- hence, the hearing. Since it's a hearing, be HEARD! Look into Ark case law to see if there are similar cases. I wouldn't be afraid to show how Plaintiff attorney, who had all of these time-consuming emergencies, still had time to file hundreds of other cases in the state. You might find that when the attorney was "unavailable," she was in court somewhere (which you may be able to document), or otherwise not attending the family emergency. I'd certainly listen to what others on the forum have to say, but you can't have too much ammunition -- legal or otherwise. I only include the 'otherwise,' because the Plaintiff attorney did not list a single legal reason why she let time expire on your case. If the judge is going to take into account 'non-legal' reasons, then you can easily combat this attorney. Jimmy
  15. @Xtreme98 Btw, I thought you might find it interesting that the Plaintiff attorney of record (from Missouri) has more than 700 court case filings in Arkansas ALONE -- with more than HALF still being adjudicated. To top it off, that only goes back to July 2020!! My, my, where DOES her time go? I shudder to know the number of cases she is juggling in her home state -- and who knows what other states in which she practices. I can sympathize with people who have legitimate reasons for sitting on a case, but NOT when that same person has clearly had time to file suit after suit after suit. Sad really. Jimmy
×
×
  • Create New...