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Everything posted by neweuquol

  1. Oh I agree with freedom of choice. I backed out of signing a purchase agreement when I found out there was a HOA. "Welcome to the neighborhood." "Yea I am not living here, I do not care what you rules are and how lenient they might be."
  2. So basically to hell with freedom to do what you want with your own property because you do not want to have to call in an excessive noise complaint? Cool. I guess we can make a lot of generalizations but I will use Air BnB or I will actively seek out a short term rental rather than get a hotel when I need a place for longer than a day. I am hardly a non-stop party person more drugs than clothing. I do not know how it is in most places but most hotels around me are in places where I rather not walk outside after sunset. On top of that I get to pay extra for a cramped room with no amenities so yes I will "illegally" pay a private homeowner LESS money to have access to a safe neighborhood and a few basic amenities (like a stove) when I am staying anywhere. My last vacation would have been over $200/night for a "hotel" for a week ($1,400). I got a 3 bedroom house for $600. Nope will not apologize because everyone wins. The prorated "monthly rent" was about twice that of what I would pay for a similar house if I was staying long term but I did not care because I saved $800. Hotels would rather force me into a cramped room where someone was sleeping on the floor.
  3. NAF was shut down because it was essentially wholly owned by FIA. They did not even have an appearance of impartiality. Arbitration forums are in no worried about being treated like NAF unless they are also wholly owned by a major credit card issuer.
  4. California is not the only state in the country. Many states allow courts to tax costs in that manner, many do not. There is absolutely no risk to intentionally racking up legal bills when you know you intend to file bankruptcy if you lose? Please stop giving horrible incorrect advice.
  5. I saw the word "retainer" which has a certain connotation with me. In any event, I hope he does not live in a state that allows those fees to be taxed as costs when the arbitration award is confirmed with the state court.
  6. You will not see an HOA in those neighborhoods because there is no money to be made. You only see an HOA in upper middle class to upper class neighborhoods that want to keep Sanford and Son from getting a HUD loan to invade their neighborhood.
  7. Collection attorneys work on a contingency. I promise you. Because if they do not, JDBs will find someone who will.
  8. Bankruptcy attorneys have been waiting for this day for a long time so we can know the answer to whether we can get some sanctions for the filing of baseless proofs of claim in a bankruptcy proceeding. You are talking serious money because a Chapter 7 Trustee is not exactly objecting to proofs of claim and a bankruptcy attorney likely does not care if there is nothing in it for him. Chapter 13 cases are a tad different since the attorney does not want the client to pay extra per month for time barred debts so they will object to those. Allow bankruptcy attorneys to get sanctions and file FDCPA claims for time barred proofs of claims and watch the practice come to a screeching halt. Say they cannot and this business practice will explode.
  9. Most of these stories are exaggerations, if not down right fabrications, by the hotel industry ticked off they have too many vacancies. You know as if a family of 5 is going to seriously get 2 rooms at a hotel when they can rent a part of a house at half the price. ETA: That's not meant to encourage the OP. OP is in serious trouble,
  10. Soapbox moment: I am really sick of HOAs. I cannot stand them and wish they can be wiped off the face of the planet. Legal moment: You made a huge mistake continuing business after you received the cease and desist. You are liable for "damages" for that reason alone. If we are talking actual damages, it is probably minimal. If there are liquidated damages in your HOA agreement, you might as well see if they will settle for that without any additional damages because I have never seen an HOA settle for less and almost every HOA agreement I have read had attorney fees to the prevailing party provisions. ETA: You can add my disgust toward government telling private individuals what they can and cannot do with their private property when they are not causing harm to anybody.
  11. The first thing before you file anything in court is to ensure the debt is actually paid off. A $4,000 judgment here turns into $12,000 very quickly after judicial interest, attorney's fees, and costs. This is really something to be handled by a lawyer. Sometimes the problem is with the seizing agent (sheriff) also.
  12. I am not sure where the figures for arbitration on this board come from and why people think it cost so much. I have only seen one "5 digit arbitration" cost amount and that was on this board. Collection attorneys work on a CONTINGENCY so all these $250/hour figures about what it is costing a JDB to go through arbitration is just plain wrong. Sometimes bankruptcy is advisable "right out of the box" because that person is beyond help financially and probably should have filed bankruptcy months, if not years ago. I have never had AMEX settle for 30% . The lowest settlements come from Discover at around 35%-40% at times. AMEX is kind of in the middle at 50%.
  13. neweuquol

    DV ?'s

    I agree with Clydesmom. You are better off leaving your credit to suffer a while rather than wake the sleeping giant.
  14. I know a large group of consumer attorneys cannot even agree what happens in these circumstances so I certainly did not have the answer either. If JAMS is not in the arbitration agreement I can see them rejecting that and asking the court to appoint an arbitrator, if the parties cannot agree. NACA attorneys are torn on whether cases should be dismissed, whether cases should be allowed to proceed in litigation, or whether the court must decide on a new arbitrator, I would agree that the consumer nor Midland can arbitrarily decide the forum they want if not listed in the card member agreement.
  15. Is that amount going to pay off all unsecured creditors 100% of their allowed claims (not the amount you proposed under the plan which is almost always less than 100% of allowed claims)? If not, I can help destroy your dreams right now. Unless you pay all creditors, including unsecured creditors, 100% of their allowed claims, your case will not end early.
  16. If the case involves Midland, AAA is going to reject the arbitration claim. I am not sure if Midland did something to cause that or if AAA just got tired of dealing with consumer claims involving Midland, but I have confirmed with several NACA members that AAA is rejecting claims involving Midland whether filed by the consumer or Midland.
  17. Judgments are really hard to get off your credit report because it is the easiest thing to verify other than bankruptcy filings. The clerk gets the dispute card, pulls the record, sees the judgment, and it is verified. I am not exactly sure how judgments are reported but if if I had to guess, the big 3 CRAs have independent contractors that go through suit records and look for judgments.
  18. He was trying to help you. Frankly, many of the posters here, including me, ignore posts that seem to be attempting to hijack a thread.
  19. That stipulation to change venue sounds like a judicial admission that it violated 1692(i). Check you state rules. If you are beyond SOL I would seek dismissal or transfer by the court. In Louisiana, we have quirky rules that allow you to make bad venue good venue by consenting or failing to object on venue issues and I would not take a chance this was one of them. Your state may not have such rules but it's best to check anyway.
  20. Did you miss a number in the amount you are being sued for or is it really less than $700.00? Collection attorneys work on a contingency so I cannot see them fighting much for $700.00.
  21. The NACA listserv has several posts that state that AAA will no longer accept arbitration requests in Midland cases.
  22. My answer is the same. If the judgments are old your score will not go up much at all. If the judgments are newer, your score will go up a bit more than if they were older. As for specific points, no one can tell you that because there are too many factors involved in FICO's determination of your score. All I can say is if those judgments were a few years old, your score probably is not going up much at all.
  23. How are old were the judgments? If they were really old, I would guess not much. I have seen scores near 680-690 for individuals who had been a bankruptcy dismissed just a year prior (Ch. 13) that was only pending for 2 years.
  24. Okay they did that on the phone as I told them to go fly a kite. I was wondering if there was something I missed like a complete prohibition against attempting to collect time barred debts.
  25. You can forget about them agreeing to remove the tradeline from your credit report before the reporting report is up. I would send a C&D so they have to stop contacting you since they cannot sue. ETA: Also, do not send them any new information. Do not contact them at all anymore. Do not give them any ammunition to claim you acknowledged the debt and reset SOL (even if it's crap and they will lose if they try).
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