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Jimmy E

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Jimmy E last won the day on November 9 2021

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About Jimmy E

  • Birthday 01/18/1967

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  1. Thanks @BV80. I'm always eager to learn. Of course, who really knows why JDBs do what they do, but what's your opinion on why this or any JDB would purposely do this? Is there perhaps a tax write-off or something? It just seems so unusual to me -- that's why I ask. Best, Jimmy
  2. Perhaps I need to read your thread a couple of more times, but my initial guess would be Midland probably committed one or more FDCPA violations and didn't want to take a chance of a countersuit. I don't know that I've ever seen a JDB voluntarily dismiss its own case WITH prejudice before! Insofar as to whatever they alleged you owe, you've WON! Jimmy
  3. @txrider1 I take this comment: At this time the request has been denied based on Texas Civil Practice and Remedies Code Sec 171.002. I have included said chapter for your review. ...the "At this time" part to mean their minds could be changed. Since they seemed quick to answer your email, I don't think it would be inappropriate to put together a quick email reply that quotes the 'Section 2 of the FAA' that @BV80 mentioned -- which overrides Texas law -- and "you are including for their convenience." Ask them straight out if this federal law makes a difference since it appears to contradict the 'Remedies Code Sec 171.002' they sent you. It may not do any good whatsoever, but some courts are small and informal enough the clerk may ask the judge about it. It would be a shame if you had to file an appeal because a small town court judge wasn't aware of this federal law. I've read a lot of cases where appeals courts overruled a lower court that either denied a MTC or a stay in proceedings. @Bulldogerpointed out an Ohio Supreme Court Ruling that did this very thing. In short, JDB won an argument that defendant could not file to 'stay the proceedings pending arbitration' if said defendant had not initiated arb yet. The court reversed this decision and even said: "Indeed, it would be nonsensical to require a defendant to commence arbitration of a claim against himself. Thus, where defendant properly exercises a right to arbitration, it is incumbent upon the plaintiff to pursue its claims in arbitration once a stay of the action is granted." If you read these arb agreements carefully, I've found a great many do not have language about WHO must file a claim in arbitration -- only that either party may 'elect' it. Of course, different courts, different interpretations. Either way, good luck! Jimmy
  4. @TM2021yes Unless you have some mighty powerful evidence to the contrary, a JDB will generally win a regular court case. As of late, it seems the best choice is to file a MTC arbitration as quickly as possible. Regardless of what you allegedly owe, it costs the JDB a LOT of money to arbitrate. Most will not pay the fees, but it's not impossible some WILL. I would suggest you do as @BackFromTheDebt pointed out -- file the MTC asap! Keep the mediation date for purposes of demonstrating that you have long since opened an arbitration case with (AAA or JAMS). If Florida law allows, I think the judge would look more favorably on granting a MTC where he/she sees an arb claim already started, and if the arb language on your cc agreement is liberally written as exampled in my previous post above. Good luck! Jimmy
  5. @TM2021yes, sounds like MCM sat on their hands for a year -- having to be reminded about the case against you. I don't know Florida law, but a fellow poster from Arkansas had an almost identical situation where JDB waited until a dismissal for lack of prosecution was filed before they acted. That person successfully compelled the court to go the arbitration route. Do you plan on trying to settle in mediation? If not and you plan on fighting it, @BackFromTheDebt may be right -- it might be too late to motion for arbitration, but if you are going to fight, it won't hurt to try! The most the judge would do is deny the MTC, which would be a big blow to your case, imo. You mention Paypal Credit. Would that be Synchrony Bank? Either way, go to: https://www.consumerfinance.gov/credit-cards/agreements/ Download the agreement that was in effect when you defaulted and read the arbitration section. A few of the Synchrony agreements I have read include this: "Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun, or a final judgment entered." I don't know if Florida law shoots this down or not, but seems reasonable to me that courts across the country encourage arbitration -- to lighten very heavy case loads. I could see a judge allowing arbitration. But, again, I do NOT know what Florida law says about it. I'm sure some fellow Floridian forum members will chime in. Plus, we don't know how you answered the lawsuit, or if any defenses were presented. Good luck! Jimmy
  6. I understand the JDB decided to 'settle' just prior to their deadline of having to make a sizable payment to continue arbitration. From court to arb, I know this has been going on for two years -- so CONGRATS @Xtreme98!!! Does anyone know the likelihood of JDB sending an IRS form 1099 to OP for the difference between total alleged amount owed and actual settlement amount? I've read when it does happen, it seems more likely when dealing with an OC than a JDB -- but JDBs certainly have done it. I was wondering if anyone has thoughts on how pervasive this is? Is there a benefit in the form of a tax write-off when an OC or JDB does this? I can't imagine they would do it "just because." On the other hand, the JDBs especially are the lowest of the low IMO. Thanks, Jimmy
  7. @BackFromTheDebt I remember that one. If I remember though, ColtFan VERY CLEARLY tossed in all he could -- and that was a COURT case. I certainly bow to your superior knowledge of arbitration, but if I'm not mistaken, ColtFan tricked a collection firm/attorney into leaving a message on his cell phone voicemail. He later claimed his roommate heard it, thus violating privacy concerns, etc. In other words, imo, he was REALLY OUT THERE on his legal claims. His opposing atty also kept an eagle-eye on each and every braggadocios post he made on this forum (and others) -- to the point the atty printed them out as evidence as to his "shenanigans." I don't think @Xtreme98 would employ such tactics -- but who knows!! Lol Just saying / asking.... would it be considered frivolous or bad faith by asking about these two things in arbitration?: 1. Deposing the "affiant" who claims to know everything about OP's account, but NOTHING about how OC maintained its business records? JAMS clearly says the consumer is entitled to this at a location nearby the consumer. 2. Asking for the (what some here call) "Forward-Flow Agreement" between OC and Velocity? I've seen other FF agreements, and every single time a part of the language from on the agreement is the OC is selling accounts 'as-is,' and do not guarantee their accuracy or if they are even owed. IMO, this is clearly why JDBs never show this kind of agreement. That's not to mention there were no statements attached when the case was in court. Actually don't know if it would be a good idea to ask for them in arb. What kinds of positive, proactive moves, if any, could OP make at this point? Bottom line is, at this point: Xtreme98 and 'opponent' have agreed to an arbitrator. It's the 'opponent's' first time in arb (dunno if that's good or bad). What's the next, best step?? I mostly lurk on the forum and appreciate reading opinions from you, BV80, fisthardcheese, Harry Seaward, and others. I've just been following Xtreme98's case as a fellow Arkansas Razorback, LOL, and have seen the court filings....going on two years now! Best, Jimmy
  8. @Xtreme98 I remember the Plaintiff lawyer SAT on your court case for more than a year. When you filed to have it dismissed for lack of prosecution, that lawyer gave a lot of 'cry baby' excuses as to why she was delayed, and the judge bought it and let her continue. It was during that year that she ignored your case, but had time to file and adjudicate literally THOUSANDS of JDB cases in Arkansas ALONE (and she's in Missouri)! Velocity has the 'affiant' who CANNOT attest to how the OC handles business records. Velocity can't grab OC records, drop them into their own filing cabinets and call them THEIR OWN BUSINESS RECORDS. Can you say HEARSAY?! Maybe this affiant can be called as witness? Bill of Sale mentions "another agreement" many times, but never mentions you, your account number, or your alleged debt. What is in that "sales agreement" from a block of accounts they purchased?? Perhaps the OC clearly stated that Velocity bought a block of accounts AS-IS and OC cannot guarantee the amounts are correct or even OWED! They have all of this disconnected information they are trying to put together as fact. While a lot of judges let them get by with this, maybe these can be real questions to have answered in arb. There's a few things to take a look at! Jimmy
  9. @Xtreme98 It is easy to 'armchair quarterback' what someone else is going through. In the end, it's all on your shoulders, and you have to decide what is best for YOU -- and your health! Having said that, imo, you've come a long way! If you can I say stick with it to see if the JDB forks over the next several thousand (or more). At this point I'm pretty sure they can still get 100% of their initial fee refunded -- losing nothing whatsoever! If you decide to hold on for a bit longer, I'm sure a lot of people on the forum will be as helpful as possible. Best, Jimmy
  10. @Xtreme98 As I've said many times, my entire knowledge of arb could fit in a thimble! But, always wanting to help a fellow Arkansan (as the forum has ALWAYS helped me), it may be best to focus on the immediate need (with thought of overall strategy in back of mind), by finding out more about your FIVE arbitrator choices. I don't know any 'rules-of-thumb' on this, but would think others would opine as to whether it's better to choose a former judge, as opposed to a former lawyer, for example. Maybe if you can find cases a former judge presided on to see if there is ANYTHING at all that might provide a 'tell' as to being consumer-friendly or not. Or, this may not matter at all -- I just don't know. In the little bit of looking at the JAMS site, it looks like you can get a 'bio' on all the arbitrators. See what you can find. Is the arbitrator that charges $7000 per day better, or the one who charges $550 per hour the best choice?? Clearly you want to have JDB pay as much as possible by taking as long as possible, withOUT being considered as being frivolous. It seems as long as your ultimate arbitrator thinks you're playing fair, it is less likely you would have to pay THEIR fees. Hope others can give more and better opinions than I! I'm reading-up a bit more on arb. If anything useful stands out, I'll certainly post. Good luck! Jimmy
  11. Since JDB paid the "initial fee" to follow @Xtreme98 into JAMS arbitration, I'm curious to know if (short of frivolous or absurd filings in arb), has there been any kind of precedent or consensus as to whether or not a CONSUMER must pay more than the initial filing fee WIN or LOSE (not including California of course)? I think JDB's initial fee to technically get things going is $1500. If there's no 'smoking-gun' wins for consumer, does anyone have an opinion on strategies for tossing in legal (or legitimate) "monkey wrenches" into the arbitration works? Best, Jimmy
  12. @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
  13. @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
  14. @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
  15. 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
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