Mamatotwo Posted March 4, 2011 Report Share Posted March 4, 2011 I just came from my trial. I had put in a motion to compel arbitration and the JDB attorney is the one that argued for it.I didn't say a word! It actually made me a bit suspicious.I had all my arguments lined up and will use them if I have to at arbitration.After the hearing the JDB Affiant (who was there) asked if we were willing to talk settlement and I said "yeah, dismissal sounds like a great settlement"They just kind of shook there heads and went on their merry way!Thank you to everyone who helped me especially BV80 who gave me some great ammunition to question the affiant and calmed my fears a lot.Yesterday a summons was taken out for a 3rd lawsuit. We haven't been served yet. This one is in Superior Court so that means it's 10k to 50k. I'm actually relaxed about this one. I don't recognize the name on this new summons which is interesting. I can remember when we got our first summons how scared we were.If it wasn't for this forum and people helping each other I would have never fought these. So so far I have 1 dsimissal, 1 stay for 60 days pending arbitration and now onto the 3rd one.If I can do it YOU CAN DO IT! Link to comment Share on other sites More sharing options...
Linda7 Posted March 4, 2011 Report Share Posted March 4, 2011 Yippee! I've been thinking about you all day and sending good thoughts!! Link to comment Share on other sites More sharing options...
Mamatotwo Posted March 4, 2011 Author Report Share Posted March 4, 2011 Yippee! I've been thinking about you all day and sending good thoughts!! Linda you're the one that educated me about arbitration so I owe you a debt of gratitude! Sending it your way SingleDadJames helped a lot as well as so many others! Hopefully I will be able to help as many people as you do because I definitely want to let people know that they can get through this.Although mine isn't done yet - this attorney is not the type to dismiss - I can move forward with confidence knowing I have 60 days to breathe and this forum to turn to! :) Link to comment Share on other sites More sharing options...
nrgins Posted March 4, 2011 Report Share Posted March 4, 2011 Congrats!!Any idea why the attorney was arguing for arbitration? And, is it going to be moved to arbitration instead of being decided by trial? Link to comment Share on other sites More sharing options...
fightemdontfold Posted March 5, 2011 Report Share Posted March 5, 2011 Rock on, good luck with the arbitration thing. All I know about that is that it used to be bad for consumers and that now it is usually too expensive for the scum suckers to even attempt. I might consider it, then again I don't even know if it is an option because the idiots suing me haven't provided the cardholder agreement (probably never will either) but I think the KY statute saying an assignee cannot collect more on a debt than they paid for it is something I have on my side here that I don't believe I would in arbitration.Keep on knocking the creeps dead, and I LOVE the response you gave to their lawyers, no reason to pay these creeps any courtesy especially after that phase is over. Link to comment Share on other sites More sharing options...
Achilles Posted March 23, 2011 Report Share Posted March 23, 2011 Just wonder, what are you expecting out of arbitration? Did they not offer you a decent deal before this even went to a lawyer? If so, I very much doubt they will offer anything comparable to what was offered before. Especially since you made that comment about dismissal. Its never a good idea to piss off a lawyer, you cannot believe the stuff they can do, and not only do they not have to answer, you have to get a judgment to get them to stop. I see it all the time, they will garnish bank accounts, ect, it takes a judgement to get the garnishment off, and the collector does not even get a slap on the wrist. My number one rule is not to make comments to anybody in a lawfirm, they are generally not accountable for their actions, especially in states where you cant sue for suffering, like Florida. But otherwise, congratulations. I did try to read through many of your posts, but I found nothing about what the original debt was about and why you are disputing it. Could you fill us in a little? Link to comment Share on other sites More sharing options...
BV80 Posted March 23, 2011 Report Share Posted March 23, 2011 Its never a good idea to piss off a lawyer, you cannot believe the stuff they can do, and not only do they not have to answer, you have to get a judgment to get them to stop.If they are debt collection attorneys, they are bound by the FDCPA.I see it all the time, they will garnish bank accounts, ect, it takes a judgement to get the garnishment off, and the collector does not even get a slap on the wrist.They can only garnish bank accounts if they win a judgment AND if the state's law allows.My number one rule is not to make comments to anybody in a lawfirm, they are generally not accountable for their actions, especially in states where you cant sue for suffering, like Florida. I repeat...if they are debt collection attorneys, they are bound by the FDCPA. Link to comment Share on other sites More sharing options...
hopefulscambeater. Posted March 23, 2011 Report Share Posted March 23, 2011 If they are debt collection attorneys, they are bound by the FDCPA.They can only garnish bank accounts if they win a judgment AND if the state's law allows.I repeat...if they are debt collection attorneys, they are bound by the FDCPA.Yep Link to comment Share on other sites More sharing options...
nobk4me Posted March 23, 2011 Report Share Posted March 23, 2011 Attorneys are bound by the FDCPA, and the bar association as well. Attorneys can be disbarred if they violate the legal ethics code. Link to comment Share on other sites More sharing options...
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