Brotherskeeper

Moderators
  • Content Count

    3,126
  • Joined

  • Last visited

  • Days Won

    116

Brotherskeeper last won the day on September 21

Brotherskeeper had the most liked content!

Community Reputation

894 Excellent

11 Followers

About Brotherskeeper

  • Rank
    Member

Profile Fields

  • Location
    Michigan

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. A court order in hand compelling them into arb, with a stay of the court case pending arbitration, puts you in a much stronger position than if you have to fight in court without knowing the outcome of your MTC, plus proceeding along in AAA with your arb claims.
  2. Yes--if your AAA demand claims are against PRA as assignee of Synchrony. If you have separate claims against the law firm, then you would list the firm on the Demand form. "6. Attach additional sheets or forms as needed." This AAA form asks for the Business name and address and the "Business’ Representative (if known):" and, 6". Please provide contact information for both the Consumer and the Business. Attach additional sheets or forms as needed." https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_3.pdf (IANAL) If you are electing arbitration per the Synchrony card agreement, instead of court, to settle the disputes of this refiled lawsuit, then the Plaintiff PRA is represented by counsel Rausch Sturm. Check your Texas rules, but I believe you would send all correspondence to Plaintiff via its attorney. Unless I missed it, you haven't answered this question Why do you want to go ahead and formally file another demand with AAA while you have a MTC arb pending before the court? What is your strategy?
  3. @aTex-vet-42 You have been at this for quite a while. When PRA refiled the lawsuit after the first dismissal without prejudice, did your second general denial answer include arbitration as an affirmative defense? Did you file your MTC? Was it granted? If so, it would be a court order to compel PRA to arbitrate its claims in AAA. Here's the problem as I understand it: It's hard to tell from the redactions, but it looks like you listed Rausch Sturm as the Respondent in the AAA demand. Do you have a claim against the law firm rather than the plaintiff, PRA? Rausch Sturm wrote back that they do not have a copy of the agreement containing the arbitration clause. The exerpt of the agreement you included in your AAA demand is for "a third party" (PRA as assignee of Synchrony big box store), and not an agreement with the law firm. (IANAL) wouldn't any claim against the law firm be one that arose from representing PRA?
  4. @Robear Look at the Complaint to see the correct name of the Unifund entity that filed it. Unifund CCR Partners and Unifund CCR, LLC are two of the common Unifund plaintiffs. You need to have the correct company name you got the judgment against. I believe you have more than one thread going on this topic. It's best if you can keep your case information contained in one thread.
  5. @Robear Is there a fax number for the attorney of record listed on your court documents? You also could send a copy CMRRR of the judgment with a letter to the law firm. They still get mail and read faxes and emails. If you can't get anywhere with this law firm, I think you will have to go after Unifund directly. This is not a recommendation for this law firm. This post explains a bit about domesticating a judgment in Ohio. https://www.rjsattorney.com/collections--domesticating Here is the Ohio statute: https://codes.ohio.gov/orc/2329 I hope a member with some experience will weigh in here. I have zero knowledge of this. I hope it isn't necessary for you to go to the hassle of domesticating this in Ohio.
  6. I don't know the time frame for the steps from a judge (or clerk) signing a default judgment up to the judgment being recorded by the county as a lien. Wage garnishment and/or bank account seizure is another series of steps. You would have to provide the court with the employment information wouldn't you? Midland attorneys are very overworked and often quite sloppy. Internal communication can be very poor. If you can reach the court clerk by phone you can ask how long it takes for a default to go through her system. I don't see that you have much leverage against Midland here. They obviously want as much money from you and as soon as they can get it--especially where it saves them time and court fees. They know you don't want a judgment on your record.
  7. I think they would then file this Certificate of Satisfied Judgment form with the court: https://courts.michigan.gov/Administration/SCAO/Forms/courtforms/mc17.pdf
  8. I am not comfortable advising you to take any action here. If you settle without a written and signed agreement, you won't have any assurances they will do what they promise. Is your credit report and a possble adverse report more important than getting this right? This is a lot of money.
  9. @tinyturtle Did you read Fisthardcheese's pinned thread on arbitration? Do you feel comfortable winging it or drafting a last minute formal demand brief to go up against an experienced attorney? If yes, then you can probably wait. If you don't feel you know enough to make and support your allegations, and then persuasively argue your case, then you need to look up the laws you believe were violated. What does your Barclays agreement's arbitration provision state about in-person hearings? Arbitration is a matter of contract. (IANAL) If the Barclays arb provision is silent on your entitlement to an in-person hearing, then you would look to the AAA consumer rules for guidance. R-1. Applicability (When the AAA Applies These Rules) "When parties have provided for the AAA’s rules or AAA administration as part of their consumer agreement, they shall be deemed to have agreed that the application of the AAA’s rules and AAA administration of the consumer arbitration shall be an essential term of their consumer agreement." "R-2. Starting Arbitration under an Arbitration Agreement in a Contract (a) Arbitration filed under an arbitration agreement naming the AAA shall be started in the following manner: (1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against (referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for Arbitration (“Demand”). The Demand must do the following: • Briefly explain the dispute • List the names and addresses of the consumer and the business, and, if known, the names of any representatives of the consumer and the business • Specify the amount of money in dispute, if applicable • Identify the requested location for the hearing if an in-person hearing is requested • State what the claimant wants" If Barclays objects to an in-person hearing that you have requested, it will be up to the administraitor to decide the issue, won't it?
  10. @momof3kids from the link I gave you in the post above: Common Questions about Installment Payment Plans What if my wages are garnished after my installment payment plan starts? If your wages are garnished after you get an installment plan, show your employer the court order for the installment plan. It says your wages can’t be garnished while you are making payments. This should stop the garnishment. If you’re still being garnished after that, you object to garnishment with the court. Read the article Objecting to Garnishments to learn when and how to object to a garnishment. What if I make a deal with my creditor outside of court? If you and your creditor make a deal, you should get it in writing. It should be signed by your creditor. An out-of-court plan may not stop your creditor from garnishing your wages. You may want to ask your creditor not to garnish you as part of the agreement.
  11. @momof3kids I am not a lawyer. This is where a consultation with an attorney makes sense. If you own property, or will own property in the future, and any tax refunds may be affected by a recording of this judgment. Have you considered bankruptcy with your financial situation? If so, a judgment may not be something to worry about if it can be discharged in bankruptcy. Again, an attorney would be able to advise you. You can't enter into a repayment plan if you may default on it in the near future. You shouldn't pay a lump sum for this debt if it will cause real hardship later on. In any case, you must get in writing what you agree to do and that they will file a satisfaction of judgment once you've paid the agreed upon amount. Here's some information that may be of some use for you if you decide you'd rather work through the court to set up a payment plan: https://michiganlegalhelp.org/self-help-tools/money-and-debt/there-judgment-against-me-i-would-make-installment-payment-plan# Good luck.
  12. That's good. Have you researched the various laws that cover your claims to see what violations you may have? You can read consumer-attorney prepared complaints to see what specifiic elements you need to allege and have proof of for each violation. As I said, others here have experience I don't have in arb and some have brought consumer demands in arb without an attorney.