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Everything posted by IN_Girl

  1. I will definitely keep all info... they have their own nice thick file with all the paperwork sitting in my closet!
  2. Ok, so I probably just did what you aren't supposed to do. I called Midland. Told them that they had a case against me and that the judge had dismissed with prejudice. I then asked if they had received the paperwork. He said no, but that he had my balance as zero and it was in the queue to be deleted. He said it typically takes 30-60 days for the CRAs to update. He then said that he could send me a letter that stated it was being removed and deleted. So I should have that in 5-7 business days. Man... I'll be glad to be rid of them.
  3. It was a mutual dismissal with prejudice. i agreed to dismiss the JAMS filing and they agreed to dismiss this... both with prejudice.
  4. I won my case with Midland and papers were filed with the court and approved by the judge on August 6th. I got a dismissal WITH prejudice. However, Midland is still reporting on my credit report. They even listed me as 120 days late for July 2013. Where do I go from here? I have disputed with the CRAs and sent them copies of the judge's decision, but it came back verified. What now?
  5. I am very thankful for all of the insight. However, I still do not think that pre-emptive election of arbitration was the wrong move. In it I stated that I elected arbitration via Jams to resolve all conflict/disputes.
  6. Thank you all for your insight.
  7. But if I have disputed the validity of the debt along with the amount with them and said that for this and any further disputes I elect arbitration, doesn't that take it out of the court? According to the agreement it does. So if they try to sue me now, it will be a violation. I can simply say "Judge, I tried on XX date to work this out with them via arbitration and they never responded, here's proof of my letter to them." Am I wrong on this?
  8. On my credit report the account says closed. Portfolio did not say that. I really want them off my credit report. This is for a Cap 1 card, defaulted in 2009, so according to the credit agreement it is governed by VA. Therefore, the statute of limitations is up. I told them that per the agreement I elected arbitration via JAMS in a letter that i sent them since they were ignoring my dispute from my credit report. Now what? Should i fill out paperwork and send it to them, then if they do not respond send an ITS letter? They would be in breach of contract if they ignore the arbitration r
  9. No I did not. I filed with JAMS. I went ahead and paid $125 and that made them owe $675 before JAMS would even begin. The agreement stated that they would pay all but the $125, so JAMS accepted that. So do I just call the attorney and say that I am willing to sign, but I need something in writing where they agree to remove the item from all credit reporting agencies, no 1099 and that the alleged debt is cancelled and can not be sold?
  10. Someone correct me if I am wrong, but in addition to Capital One being governed by Virginia SOL, they also have an arbitration clause that lists JAMS and states that no matter who prevails, they cover their own attorney fees (obviously read your copy of the agreement). If the debt is outside of the SOL, it's a violation of the FDCPA. They'll owe you money.
  11. The lawyer wants me to sign the stipulation for mutual dismissal for the court that says we are dismissing mutually with prejudice.
  12. Do I have to put that in this agreement I am signing?
  13. I got a notice in the mail today from Midlands attorney asking to dismiss "amicably" with prejudice! Thanks to everyone here for the wonderful advice and on the arbitration forum. I think when they got the bill from JAMS, they changed their minds. Woo hoo! Now, will Midland remove the item off my credit report?
  14. Here is something else I noticed. I pulled my 3 credit reports. They are now saying this account is closed (Transunion says open)... so apparently it's closed, but how do i now get it off my CR?
  15. Hello everyone, Let me first say that I am not being sued... yet. I noticed in April that I had a new item on my credit report from Portfolio Recovery and an old Capital One account was gone. I disputed online with the credit bureau and they replied that it was a valid claim... I then wrote a letter to Portfolio Recovery asking them to validate the debt, prove they had the right to collect, prove the statute of limitations had not expired, etc. Their Dispute Dept wrote me back and said the matter was closed and that they were sending the case back to the Collection Dept. I RECEIVED NOTHI
  16. I just wanted to give everyone an update on this. I received another letter from JAMS on Saturday stating that Midland has still not paid their fees. This was the 2nd notice. They are required to pay $675. It also restated that attorney fees can be awarded, which still makes me nervous. I looked at the Indiana consumer laws that RaceCar listed and all I see is where it says "reasonable attorney fees." What's reasonable? So I am assuming the best move for me right now is to wait until they send out the next notice? Is this correct?
  17. on another note, i am very nervous about arbitration. My agreement states that "reasonable" attorney fees could be awarded. I read on one of the posts that one gentleman lost his case for approximately 2K, but they also included 40K for attorney fees. Holy crap. Does anyone have any insight to Midland or Indiana with Jams and the allowed fees. I have looked everywhere and can't find anything. Am I worrying for nothing?
  18. Thank you so much!! I was debating filing something with the court, but will hold off.
  19. Hello everyone, I was being sued by Midland and elected arbitration via JAMS, the court approved the MTC and I filed all of my paperwork in mid-January, along with my check to JAMS. They have cashed the check, I had to send them some additional information, however Midland has done nothing. It's been over 3 months! What should I do? Motion to dismiss? Give them more time? Help!
  20. Fantastic, no he did not give me any deadline initially at all. My plan is to file everything this week... just wanted to make sure i had plenty of time. Thanks!!
  21. I have what may be a very simple question. I had a lawyer file a motion that gave me 45 days to initiate arbitration. He filed on November 15th. But the judge didn't grant until the 27th of November. From which of these do my 45 days begin?
  22. Hi Linda, I have a question. I was granted a stay by the judge while I elected arbitration through JAMS. This is with Midland Funding by the way. However I noticed in the CC Agreement it says that "where authorized by applicable law, the arbitrator's award may include attorney's fees and the full cost of arbitration" This scares me, I always try to assume the worst. Is there a cap that they can hit the consumer with?
  23. Hi Classy, I am in Indiana as well and being sued by Midland by Bowman, Heintz, Boscia and Vician. My affidavit was signed by Jacquelynn Doucette...was yours? if so, I have found another affidavit that was supposedly signed by her and they are two completely different signatures. The lawyer for Midland in my case is Joseph Biel... he filed a Motion for Summary Judgment against me and I elected Arbitration via JAMS. Today I found that the judge granted it... so waiting now to see how they respond. Let me know if this was the same person that signed your affidavit, I feel like it will defi
  24. I am being sued by Midland as well. Jacquelynn Doucette also completed an Affidavit of Debt on me. Tomorrow is the last day that i have to file a response for Midland's Motion for Summary Judgment and I think I have stumbled upon my Ace in the hole! I found through the court system another affidavit of debt that she had completed... however the signatures are 100% different. I am hoping this will prove to the court that she and Midland are not trustworthy and therefore the Affidavit should be stricken and the case dismissed. I can scan a copy and send mine and the other to you if you thin