• Content count

  • Joined

  • Last visited

  • Days Won


Brotherskeeper last won the day on December 4

Brotherskeeper had the most liked content!

Community Reputation

618 Excellent


About Brotherskeeper

  • Rank

Profile Fields

  • Location

Recent Profile Visitors

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

  1. Brotherskeeper

    Do I have to pay the JDB filing fees? MIDLAND ARBITRATION

    @matahari Congratulations on getting this far! Do you know if you may be eligible for court fee waiver due to indigency? If you haven't read this pinned thread on arbitration, please do so. (Even if you have read it, reread it.) @fisthardcheese may have a different opinion, but since AAA will likely reject a claim with Midland as a respondant without a court order, and you don't have a court order yet, perhaps filing with JAMS would be smoother for you. "When filing arbitration, I very strongly recommend filing some claim against the JDB. Remember that when you ask for arbitration and file it, you have now flipped the roles. YOU are the "Claimant" and THEY are the "respondent". This is essentially like you are now "suing" the JDB, only in arbitration instead of court. Think of it just like that. You would not file a lawsuit against yourself, so do not do it in arbitration. I would never mention THEIR claims against me, nor the debt in any way. Instead, I only file MY claims against the JDB. Do not worry at this stage about the details of your claims because this initial claim is allowed to be changed, added to or dropped at any time before an arbitrator is assigned to the case (and even after, you can still make changes with the arbitrator's permission). If you have nothing very strong with proof against the JDB, I would file with something such as "violations of state and federal consumer debt collection laws" or perhaps, "Violation of the Fair Debt Collection Practices Act", etc. Or even a simple "Billing dispute" will do if you have no violations of law against them. Again, it doesn't need to be more detailed then that at this stage and if your claims never pan out, you have the ability to drop them later (or you may find NEW claims to add if the JDB violates the laws during the ongoing case). When sending in the Demand for Arbitration, I never send money initially. If you are required to pay the $200/$250 consumer filing fee (or any portion of it), then the arbitration firm will tell you to submit that in order to continue. They will never reject your filing, but will send you a case number and request for payment to move forward. Having the case number is key evidence that you filed the case (which may be needed for Court later). If the Card Agreement states that "they" will pay for your filing fee, I will include a cover letter with my Demand form stating that per the Agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS. Also when sending the Demand, I send it to AAA/JAMS and to the attorney for the JDB at the same time. I send both CMRRR and retain the green cards. Although the Demand Form instructions say that proof of service is needed, I simply include a "certificate of service" with my forms that states that I certify that I sent a copy to the JDB by USPS Certified Mail. If there is ever a question about service after I file, I will have the green card to submit as proof if needed. Remember, that this is now YOUR case against the JDB. It will be up to the JDB to file a COUNTER CLAIM in arbitration for the alleged debt. . ."
  2. Brotherskeeper

    Midland lawsuit HELP!

    What FDCPA violations have you found?
  3. Brotherskeeper

    Midland lawsuit HELP!

    @Mloske Here's some general info on communicating with the judge via the court rules: Here's a fill-in form for Notice to the Court that you might modify for your purposes:
  4. Brotherskeeper

    Midland lawsuit HELP!

    If you reread the judge's order, no mention is made of completing arbitration, only that the parties "cooperate to commence." I don't know whether you were up against the Nov. 7 deadline to comply, but perhaps you should have also included the information of Midland's failure to pay JAMS so that the judge understood only one party was cooperating. So how much more work do you want to take on? Midland will not sue you again for this debt.
  5. Brotherskeeper

    Midland lawsuit HELP!

    @Mloske The judge's order requires the parties to cooperate to commence said arbitration and provide proof to the court by Nov. 7. Those conditions of the order were satisfied--at least by you--to the judge's satisfaction. Nothing in this order requires the parties to complete arbitration.
  6. Brotherskeeper

    Midland lawsuit HELP!

    It appears to me that the judge dismissed this under rule 41(A)2. Perhaps the judge was doing year-end cleanup of the docket?
  7. Brotherskeeper

    Midland lawsuit HELP!

    Unless Midland filed a request that you are unaware of, it looks like the judge did this. Did your MTC arb request dismissal, or in the alternative, a stay pending arb? Some of the templates on this forum title the motion this way.
  8. Brotherskeeper

    Midland lawsuit HELP!

    @Mloske Congrats on the dismissal! You are 3 for 3! @fisthardcheese may have a suggestion as to whether you can leverage this to remove Midland's reporting to the CRAs. Here is the Ohio RCP that governs voluntary dismissal: RULE 41. Dismissal of Actions (A) Voluntary dismissal: effect thereof. (1) By plaintiff; by stipulation. Subject to the provisions of Civ. R. 23(E), Civ. R. 23.1, and Civ. R. 66, a plaintiff, without order of court, may dismiss all claims asserted by that plaintiff against a defendant by doing either of the following: (a) filing a notice of dismissal at any time before the commencement of trial unless a counterclaim which cannot remain pending for independent adjudication by the court has been served by that defendant; (b) filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits of any claim that the plaintiff has once dismissed in any court. (2) By order of court. Except as provided in division (A)(1) of this rule, a claim shall not be dismissed at the plaintiff's instance except upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon that defendant of the plaintiff's motion to dismiss, a claim shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under division (A)(2) of this rule is without prejudice. (B) Involuntary dismissal: effect thereof. (1) Failure to prosecute. Where the plaintiff fails to prosecute, or comply with these rules or any court order, the court upon motion of a defendant or on its own motion may, after notice to the plaintiff's counsel, dismiss an action or claim. (2) Dismissal; non-jury action. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of the plaintiff’s evidence, the defendant, without waiving the right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in Civ. R. 52 if requested to do so by any party. (3) Adjudication on the merits; exception. A dismissal under division (B) of this rule and any dismissal not provided for in this rule, except as provided in division (B)(4) of this rule, operates as an adjudication upon the merits unless the court, in its order for dismissal, otherwise specifies. (4) Failure other than on the merits. A dismissal for either of the following reasons shall operate as a failure otherwise than on the merits: (a) lack of jurisdiction over the person or the subject matter; (b) failure to join a party under Civ. R. 19 or Civ. R. 19.1. (C) Dismissal of counterclaim, cross-claim, or third-party claim. The provisions of this rule apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to division (A)(1) of this rule shall be made before the commencement of trial. (D) Costs of previously dismissed action. If a plaintiff who has once dismissed a claim in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the claim previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order. [Effective: July 1, 1970; amended effective July 1, 1971; July 1, 1972; July 1, 2001.] Staff Note (July 1, 2001 Amendment) Civil Rule 41 Dismissal of Actions This rule was amended (1) to reflect more precisely its interpretation by the Supreme Court in Denham v. City of New Carlisle, 86 Ohio St. 3d 594 (1999); (2) to conform Civ. R. 41(D) with Civ. R. 41(A) as amended; and (3) to reflect that Civ. R. 23.1 provides that a shareholder derivative action “shall not be dismissed or compromised without the approval of the court.” In divisions (B) and (C), masculine references were changed to gender-neutral language, the style used for rule references was changed, and other grammatical changes were made. No substantive amendment to divisions (B) and (C) was intended.
  9. Brotherskeeper

    Need Some Help

    @Harry Seaward Thank you for raising this very important point. ((Note: We did not argue that the Michigan case should be dismissed due to the contract's choice of law shorter SOL preempting the forum (Michigan) state's longer SOL via the borrowing statute.)) I'd like to clarify that in my brother's case the SOL--for both Delaware per the contract's choice of law and the California SOL--had both expired long before my brother moved from California to Michigan. The JDB then claimed a "phantom" payment reset the SOL for Michigan's longer period. Bank records showed no such payment. After losing our motion to compel production of any document showing this payment, the JDB attorney produced an unsworn screenshot of his own computer, using a JDB program that clearly showed that information fields could be edited. The judge mentioned "forum shopping" during the motion hearing. This was during the time both Chase and the big JDBs were at their worst, getting called on it, and signing consent decrees.
  10. @OldDebt Do you know how to tag forum members? It makes it much easier for us if we get a notification. You type "@" then type the screenname. A column of names should appear to the left. Then click the correct name and it will appear in blue in the post as yours is here. I sometimes have to do this a few times before it succeeds. I didn't mean to search your home files for the contract, but it's good you tried. A Google search for the specific branded card agreement from the year you defaulted is what I meant. If you find online an agreement from a year the account was in good standing, and that contract has a "survivability clause," that would work also. You want to read the arb provision. Harry says it's a good one. Without being served with a copy of the complaint, you don't know yet what cause or causes of action it contains. If it's a breach of contract claim, plaintiff may attach a copy of the agreement to save you the trouble. If it's an account stated cause of action, plaintiff will attach an affidavit and some other document(s).
  11. See if you can locate a copy of the account agreement from just prior to default. See if it contains an arbitration clause. Here are CandyCLC's 2 recent JDB threads. Read them both a few times over so that you understand them. Yes, the first one is long. The second plaintiff is PRA. Understand that both threads contain very well-meaning advice from very experienced posters, some of which does not comply with Michigan law and/or court rules of civil procedure. Candy's judge in the 2nd case was not familiar with arbitration and had to be walked through it. Thankfully, she came prepared to persuasively argue her case.
  12. Better still for OP, Michigan doesn't allow attorney representation in small claims; the Citibank cardmember agreement's small claims exception isn't a factor.
  13. Brotherskeeper

    Need Some Help

    Right. You really need to read your specific state's borrowing statute. For instance, Michigan allows the shorter SOL to be used where the cause of action acrued outside the state, as long as the plaintiff isn't a Michigan resident. If you can use your current state's borrowing statute to have your prior residence state's shorter SOL govern, then look next to that prior state's choice of law provision. In one of my brother's cases, Michigan's borrowing statute allowed the shorter 4-year California SOL to govern. California recognizes the contract choice of law (i.e, Delaware) to include Delaware's shorter 3-year statute of limitations. It's a complicated argument to make. We won on it.