OhioResident Posted July 28, 2010 Report Share Posted July 28, 2010 Ok, well I was hoping to use arbitration, but the judge said we waited too long. Now the suit is over and we lost. We were waiting for the magistrate to send us their ruling so we could object and assert the arbitration, instead, we get the lawyers paperwork demanding an amount more than 2.5 times what the credit limit was + future interest and court costs. They want us to mail a payment today to avoid garnishment. I'm kind of lost now, I don't know how to proceed. I dont care to pay them 100 a month or something like that but I dont want it taken out of our check automatically? What do we do from here? Link to comment Share on other sites More sharing options...
OhioResident Posted July 28, 2010 Author Report Share Posted July 28, 2010 I should also state that we've been comtemplating bankruptcy. Should we go ahead and do it? We have doctors bills, ccs, we're late on our mortgage. It's all piling up quick. All of it is in my spouses name, but we are married. Link to comment Share on other sites More sharing options...
LostMind Posted July 28, 2010 Report Share Posted July 28, 2010 Sorry to hear you lost, I hope things turn around for you. Link to comment Share on other sites More sharing options...
admin Posted July 28, 2010 Report Share Posted July 28, 2010 Do you have a link to the details of the case? Link to comment Share on other sites More sharing options...
chuckygee Posted July 28, 2010 Report Share Posted July 28, 2010 Here is the previous thread.http://www.debt-consolidation-credit-repair-service.com/forums/showthread.php?t=302766 Link to comment Share on other sites More sharing options...
admin Posted July 28, 2010 Report Share Posted July 28, 2010 Reading your thread - the major thing you have against you is that you didn't respond on time. It's possible you could file a motion to vacate based on the facts, but it will be a tough row to hoe - you will have to come up with a compelling argument why you missed the first deadline. Even if you had requested arbitration, it may have been too late. Link to comment Share on other sites More sharing options...
nobk4me Posted July 28, 2010 Report Share Posted July 28, 2010 I think the OP did request arb, but the court was playing games and refused to consider the motion. You could take the position that the motion was de facto denied, and appeal on that basis. Ohio's arb law has a strong provision for staying a case pending arb. It's mandatory, not discretionary.Yes, the delay will not work in your favor.What I found disturbing is that the magistrate somehow knew what the OP did in another case and was manuevering to avoid that outcome in this case. To me that suggests ex parte communication and bias. Was the court session recorded or transcribed?And what about the full accounting from a zero balance, as required by Asset Acceptance v. Proctor? I would appeal. Contact a consumer attorney for a consultation. Link to comment Share on other sites More sharing options...
nobk4me Posted July 29, 2010 Report Share Posted July 29, 2010 Another idea, regardless of whether you appeal. File a grievance against the magistrate with the Ohio Supreme Court:http://www.supremecourt.ohio.gov/DisciplinarySys/odc/default.aspWe can't get justice in the courts if they are run by these corrupt clowns. Link to comment Share on other sites More sharing options...
RebelLady Posted July 29, 2010 Report Share Posted July 29, 2010 We can't get justice in the courts if they are run by these corrupt clowns.That's for sure! I think we need to completely overhaul the judicial system and get rid of the riffraff! I sometimes think that if a CA, a JDB'er or their alleged attorney show up for court with your name and some numbers written in crayon on a piece of toilet paper, the court will rule in their favor!!RL Link to comment Share on other sites More sharing options...
Massive Posted July 31, 2010 Report Share Posted July 31, 2010 That's for sure! I think we need to completely overhaul the judicial system and get rid of the riffraff! I sometimes think that if a CA, a JDB'er or their alleged attorney show up for court with your name and some numbers written in crayon on a piece of toilet paper, the court will rule in their favor!!RLlol Link to comment Share on other sites More sharing options...
OhioResident Posted August 8, 2010 Author Report Share Posted August 8, 2010 Couple things...Why can I not still proceed with arbitration? Even though the court has entered a judgement in their favor, could I not still go ahead with an arbitration request?Whats the chances of just calling them up and asking to arrange a payment thats doable by us? What should i do to prevent a garnishment? Link to comment Share on other sites More sharing options...
skippy1960 Posted August 9, 2010 Report Share Posted August 9, 2010 If you have some reasonable and proveable violations of the FDCPA, and any state statues violated you could force them into arbitration on the suit you lost. Here would be the logic-They have a judgement, although you have never stated the amount, for the sake of discussion let's say it is $2500. If you file a claim in JAM's and initiate, CAP 1 cardmember agreement says they will pay for the arbitration, any dispute or claim win or lose. You will have to drag them kicking and screaming and make sure your claim amount is over the small claims limit in Ohio...Their cost to participate would be more than they have won, and may want to settle out.... Link to comment Share on other sites More sharing options...
nobk4me Posted August 9, 2010 Report Share Posted August 9, 2010 Ohio's consumer protection law:http://codes.ohio.gov/orc/1345You can get $5000 in noneconomic damages. Link to comment Share on other sites More sharing options...
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