sillymonkey

Members
  • Content Count

    158
  • Joined

  • Last visited

  • Days Won

    1

sillymonkey last won the day on August 23 2013

sillymonkey had the most liked content!

Community Reputation

19 Good

About sillymonkey

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    CO

Recent Profile Visitors

391 profile views
  1. what should i do in my case got any suggestions?

     

  2. This is not really post Judgement as we're still fighting Arbitration award confirmation. However, in the event that Judgement is rendered in Colorado, does anyone know if we even need to answer the debtor exam since we are now Oregon residents? I know Judgements have to be domesticated in each state before it can be valid in that state.
  3. Hi, I'm looking for an FDCPA violation with regards to a debt collector attempting to recover the arbitration costs (JAMS) on behalf of Discover. The request for JAMS fees was denied by JAMS. I read that CO allows court costs and attorney's fees be added to the debt as long as the total charges are not more than the actual loan amount. The JAMS fees they requested was $6K+ vs the debt of $4K+. Total requested was the $10K+. They did not request attorney's fees. The CC arb agreement stated that they would only request the consumer initiation fee of $250 if they win and if they had advanced this amount. Nothing in the agreement says they can try to collect on the arb. fees. Does anyone have the Colorado statute that disallows excessive charge request? Thanks in advance!!
  4. Darts! I was hoping for an FDCPA violation. Well..I'll see if I can get the full 90 days
  5. I'm still in CO (house still not sold yet). Anyway, award was in favor of D. (we decided not to put a fight in the end as we felt it was a losing battle). We went to the hearing and just chill-ex-ed. We just need time to move. We did object to the award of D's arb expense many times. Their contract says if we lose, they can ask for the $250 fee which they advanced (arb awarded them the fee but not their arb costs). They did not ask for other collection costs in arb. 2 months after the award, they are attempting to confirm in court. I believe you have 90 days to vacate the award in court so I think they are in violation. I would like to Object but I need to find the FAA statute. If someone can point me in that direction, I'd be most grateful. If I find is before anyone else, I'll post it here
  6. I'm back from a hiatus (still trying to move out of state) OK, so we lost in JAMS in early June (hearing in May, Award in June). As far as I know, the FAA states that you have 90 days to vacate the award in court. The lawyer for Discover (a debt collection lawyer) is trying to confirm the award in 60 days rather than 90 days. Is this a violation of the FDCPA (on the part of the lawyer)? I assume I can file an objection to the motion to confirm award? Any thoughts from anyone?
  7. OK. Thanks. That's what I thought. We just need a little more time to get out of the state!
  8. Update: Award issued. We lost (of course). But the case was weak and we didn't really bother to prepare. D has a crappy appeal clause. Our claims were rejected and dismissed. D's claim for the liquidated amount was awarded for the full amount. They didn't ask for collection costs except JAMS fees. We objected. JAMS fees denied except for the $250 consumer amount they advanced (which is allowed by their contract). The JAMS cost is lower than most since it wasn't a very contested case. Apparently the JAMS fees were $6xxx. Quite a bit less that the $10K + I have read. 3 pre-hearing conferences + the in-person hearing in town. The JAMS office was quite nice. Lots of snacks to chow on So basically it cost them over $6K to try to collect on under $5K, not including legal fees etc. Of which, since DH is collection-proof (suit is in his name only), it's $$ they'll never see. Great business sense there... So I guess now, there's a 3 month confirmation period before they can confirm in court? Can the DC try to confirm before this period and if so, can we object?
  9. I as far as I recall, have never given my number to Fannie Mae. I have given it to HSBC who services my Fannie mortgage. However, I don't think I have ever had direct contact with Fannie. The loan is current at the time of the call and letter and is still current!
  10. I just received a letter from "Fannie Mae Mortgage Help Center, 180 Promenade Circle, Ste 100, Sacramento, CA 95834". The letter includes a loan # (which is not mine), my name and my address (correct). It stated that my loan was delinquent and I may face foreclosure. My loan was delinquent but at the time of this letter, my loan was already brought back to current. Anyway, it says to call to set up an appointment for a loan councilng session in town etc etc. Signed by Fannie Mae. Lastly, they state that RESOLVE has been authorized by them to talk to me. I'm assuming this is the company that will be conducting the session This is the company: http://www.resolvessc.com/en-us/home.aspx I then receive a robocall from RESOLVE asking me to make an appointment with them for this same session. At the end of the message, they say they are a debt collector. Does anyone think I have any FDCPA or TCPA claims against this company? I have never heard of them until today and have never given them my number. My phone is a Voip serviced by a radio carrier.
  11. I have done 2 JAMS cases in CO. From what I've been told, CO is creditor friendly. However, with regard to your JAMS request, as long as you haven't done/requested Discovery, the court should approve arbitration. In fact, in 1 case, the OC didn't have the contract so I used another one from the same OC but obviously was for a different card and used the arb clause on that. I just stated in the MTC that the OC refused to provide the contract and I have therefore found one with an arb clause. The Judge approved. However, in my case, the opposing side, even though they objected, did not claim the clause did not apply. The Judge noted this and ordered the arbitration. The initial disclosures that's required by CO procedure doesn't count. However, I'm afraid I'm not able to help with suggestions on whether to wait or if you can object.
  12. I haven't moved yet. We are in the process of trying to sell our house. As soon as it sells, we'll go. We had our JAMS hearing last week. It was pretty informal unlike court. We just want to buy some extra time at this point. Most likely, the ruling will be in OC's favor. I will be shocked if it is not. Would like any Judgment to remain in this state because that means they will have to domesticate where with move to. Foreign judgments in our new state is not renewable. I believe CO judgments are renewable indefinitely. At this time, we can no longer afford to live in CO. We have no more pull factors and nothing but push factors. I will post more when new things develop!
  13. Objected to their request for cost on the grounds that the JAMS rules says it's capped at $250. Also their agreement says if they win, they may ask for costs that were advanced (ie for me, the $250 consumer fee). the arb clause doesn't say anything about loser pays all. I'm thinking if the arbitrator awards the JAMS costs to them, he would be exceeding his powers? Might that be a grounds for vacation of award? Would appreciate any thoughts on the above. Not too worried really about losing the case but also not going down without a fight.
  14. Quick rundown. In JAMS in CO. against the D. Hearing is in less than a week. At first they were using "evidence" from DB, their servicer. Now, they have revealed a witness from the big D. itself. They have provided 2 generic agreements, from the year the account was allegedly opened (2008), and one dated 2010. (Both bear no name/account # etc) They also provided 2 amendments. These are addressed to "Sample/1234 anytown/usa 12345". Are there any suggestions on how I can best impeach the witness and/or evidence?