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Hi I would like to say thanks to all of you for helping people Here is my questions. I am being sued by midland funding for about 4000 dollars, boa was the orginal creditor.I went to court and there lawyer asked for a continuance because the card number they are suing me for is not mine.Toatally Wrong numbers he had some statements with the right numbers but the one on the court papers are wrong is this good for me can I win and can you go bankrupt on a judgement.Oh ya I have been trying to find a template for a dv letter does anyone have a link thanks so much this site rocks.

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DV letters are sent "before" you are sued, not after.

At this point, you need to try and prepare to defend yourself.

The BOA agreement says that you can elect arbitration at any time up until a judgment and if asked, they will forward the fees for you to initiate arbitration.

You need to go to debtorboards Debtorboards - Sue Your Creditor and Win! - Index and post what you have here and get their thoughts as there are more discussions on this subject.

However, I think I would send the plaintiff's attorney a letter, electing arbitration and ask them to forward the funds so that you might pursue this claim through JAMS.

Then file a motion to compel arbitration, with the agreement attached, arbitration provision part highlighted that you can ask for arbitration at any time, etc., also attach a copy of the letter where you sent to the attorney electing arbitration and asking for the money to initiate per the agreement. Also, check with your court to see if you need to schedule a hearing on your motion to compel. The Judge should either dismiss the case or at least stay the case pending the outcome of arbitration.

However, when the attorney sees what you are doing . . . they'll be packing quickly! :mrgreen:

Edited by Linda7
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