Brotherskeeper

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Brotherskeeper last won the day on July 11

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  1. @FrankinVA Terrific news that they won't arbitrate with you! (Fingers crossed it isn't because they mistakenly thought you had attorney representation. ) I doubt they want to go to arb with you as pro se due to the cost to them. Keep us posted.
  2. @nobk4me Thanks for this new info! Too bad that the new law on the borrowing statute doesn't include breach of contract. It would be great for Ohio defendants in JDB credit card cases to be able to use Delaware and Virginia shorter SOLs. "Changes to Ohio’s “Borrowing Statute The Ohio Borrowing Statute (ORC 2305.03) applies to claims arising from another state where the other state’s statute of limitations has already expired. In that event, Ohio courts will “borrow” the other state’s limitations period to bar the action to prevent forum shopping. SB 13 would narrow the applicabil
  3. @Gerardo Did you read Fisthardcheese's pinned thread on arbitration? If not, where did you get the information required to draft your motion to compel arbitration? Did you submit a copy of the agreement/contract that contains the arbitration clause with your motion? Where did you obtain the copy?
  4. @Mistymouse4590 It would be best for you to start your own thread and include your specific information, redacted for privacy. This is the best way for other members to offer any help they can. Does your court have a website with court approved fill-in forms? Have you looked for a legal resource link for pro se defendants that explains how you prepare and file an answer? Do you know the deadline for filing your answer? @Goody_Ouchless are you able to offer any suggestions for Arizona pro se help?
  5. At least they didn't get their fees awarded back. That is one small consolation for the OP. Perhaps it will give them less enthusiasm to go into arb. We'll have to see.
  6. I just heard from another poster, Percyb, who just completed arb in JAMS against PRA. PRA was given the charge-off debt balance amount as an award. They asked for their fees, too, but the arbitrator didn't award them. PRA spent a lot of money.
  7. You really need to read up on your rules of civil procedure for your court. In my state, the court requires that a copy of a motion and all papers attached filed with the court has to be sent to the opposing party. In fact, you have to include a sworn certificate of service that states when and how you sent the copy to the other side's attorney. No it was not. I obtained it from another member on here posts and it is an agreement from 2018 the last year i used the CC. @texasrocker may know if you should also submit an affidavit that attests that the attached copy of th
  8. (I am not an attorney.) If the Best Buy agreement you've linked to is the correct agreement that applies to the account that is the subject of this lawsuit, then yes, it appears to have a valid arbitration clause. Please take the time to carefully read the entire arbitration section of this agreement--as the very first sentence in "all caps" instructs you to do, on starting on page 11. Are you referring to this "Exhibit A" from Fisthardcheese's sample motion from his pinned arb thread? " 2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2011, elec
  9. @CountryGuy The National Association of Consumer Advocates (NACA) is a "nonprofit association of more than 1,500 attorneys and consumer advocates committed to representing consumers’ interests." Here are lists of NACA member attorneys licensed in MS who specialize in debt collection and credit reporting. Many/most consumer attorneys will give an initial consultation at no charge. For debt collection in Mississippi: https://www.consumeradvocates.org/find-an-attorney?field_areas_of_practice_list_value=Debt+Collection&field_practice_states_value=MS For credit reporting
  10. I would talk with an attorney. The credit card is in your name, not your mother's, so this account is in your name. You stated that you were aware when the card arrived that the name on it was incorrect. That would have been the time to ask for a new replacement card with the her name not yours. You state you are responsible for making some of the charges. The lawsuit lists you as the defendant. You answered the suit as the defendant. If your mother is the correct defendent, you would have to be able to demonstrate that in some way. If you were successful in getting this dismissed, your mother
  11. Is your mother listed as an "Authorized User" of the Citi Costco Visa account, with you as the named account holder? If yes, you should check a copy of the card agreement to see if they report information about the account in the authorized user's name with the credit reporting agencies. If your mother is the account holder and you are listed as an authorized user, the lawsuit should have been filed with your mother's name as the defendant. Under the terms of most credit cards, the account holder is responsible for paying for any charges an authorized user makes.
  12. @Percyb @LaneBlane Do these clauses appear in the SC Synchrony Mastercard Account Agreement submitted by PRA? "9. The arbitrator may award any damages or other relief or remedies that would apply under applicable law to an individual action brought in court, including, without limitation, punitive damages (governed by the Constitutional standards employed by the courts) and injunctive, equitable and declaratory relief (but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim). The parties w
  13. Reread Fisthardcheese's pinned arbitration thread. Here's a FDCPA checklist to see if you may have any plausible violations: https://lawpoint.com/wp-content/uploads/2020/02/FDCPA-Violations-Checklist-and-Cheat-Sheet.pdf Check the NJ consumer laws to see if you might have plausible violations there as well. Philip Stern is a consumer attorney in NJ. His website has links to his written motions and trial briefs that cite NJ law and cases. He posts winning and losing case documents. http://www.philipstern.com/index.html Go over every single piece of paper Midland has given you t
  14. @Percyb PRA has a conflict between their evidentiary exhibit copy of the account agreement's interest rate and the interest rate actually charged on the monthly billing statements submitted as evidence. The attorney offered an opinion not supported in the evidentiary record that this could be explained as a default rate. You stated that there is not a term in the account agreement that covers a default rate. Does Utah law allow for this? The arbitrator has to decide if he will allow an interest rate that is NOT expressly authorized by the agreement for account number xxxx placed in evidence by
  15. I'm curious about your case. AAA has agreed to arbitrate with Midland without a court order to compel? Many of our forum members received a letter from AAA declining to conduct arb with Midland as explained in this exerpt below. I wonder if Midland has now corrected AAA's objections and complied with its policies?