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My original post is: http://www.creditinfocenter.com/community/topic/325853-sued-by-jdb-in-ohio-questions-on-sol/#entry1320933 I ended up filing MTC Arb since SOL can be complicated for my case, and just got back from a motion hearing. I insisted that I am entitled for arbitration. JDB's attorney did show up, but his argument is nonsensical: he said that JDB don't want to initiate arb since it is expensive, costing them $2K, and they are also afraid that I won't pay the fee... the judge gave us 30 days, but also said he won't disagree that I am entitled for arbitration. If no agreement is reached after 30 days, the judge will rule on my motion. After the hearing the attorney came to me, asking for settlement. I asked him to draft an agreement for mutually walk-away if they pay me some hundreds (since they made some false statements), and meanwhile made it clear that I won't pay them anything. He said that her company will consider and get back to me, which I assume is a good sign, right? Now I hope to get some suggestions on the settlement/walk-away agreement: 1. I plan to request the case to be dismissed. I know that many said that DWP is most important, but for my case, I am not sure whether DWP or DW/O P will make any difference, since if they do re-sue, I can elect arb or also counterclaim and ask for potential statutory damages. Does this sound reasonable? 2. I worry more about the 1099c. How should I request the JDB not to issue 1099c in the settlement agreement? 3. I did some research on how to avoid 1099c, and found people said different things: a) Some said that the settlement agreement should state that the account is paid in FULL so nothing is forgiven or cancelled. Will this work or will this make me admit to own the alleged account or alleged debt which is bad? b ) Some other said that it should state that the account/debe is in dispute and not validated. So if 1099c is issued, I can dispute with IRS saying that the debt is not validated. c) I even found in one thread that someone said the DW/OP will not result in issuing 1099c, though I really don't understand why DW/OP would help. 4. I also plan to request deletion of tradeline. Is it OK? How should I phrase it in the agreement? Anything else I need to ask? Or anything I need to be careful... after all, I am against a JDB. I would also appreciate if there is any good strategies for getting this done. Thanks for any suggestions!
I opened my mail box today morning and found a 1099 B of A. It has last years date on it with a not saying cancellation of Debt. How do I go about question the authenticity of this debt? Do I send them a DV letter asking them to prove that this was my debt? I have already disputed the debt with the Experian and I came back “validated” but I have received any collection letter of phone calls from the OC nor have I and JDB contact me. Whats your advice? Can anyone refer me to where I can find some helpful information? Thanks