jg2933 Posted March 28, 2012 Report Share Posted March 28, 2012 If anyone remembers my case, I was sued by Discover, the OC. I filed MOD and Compel Arbitration (which got denied!), but before it was denied, Discover paid the JAMS arbitration fee. I called their bluff and paid mine. Now they received $2500 retainer bill (they are suing me for just under that amount) and I had a court date today. I planned to show up with my commencement letter and ask the judge to get the case postponed pending arbitration results.Well, the lawyer for Discover told the clerk that if I drop my charges against Discover and his law firm (I had a few when I filed my Official Complaint at JAMS), then Discover will just walk away. He wrote up a document that they are dropping the case with prejudice if I drop my case against them. Yay!!! I'm so relieved! Now I my husband just has to win his case against Midland..... Link to comment Share on other sites More sharing options...
Coltfan1972 Posted March 28, 2012 Report Share Posted March 28, 2012 Beating a case against Midland after winning against Discover (Yes, you won), will be a walk in the park. Nice work !! I tell you, with these creditors, if you call their bluff, nine times out of ten they won't even fight, regardless if they could end up winning or not. It's just not worth their time. Then the times they do put up a fight, it's usually just some token opposition and they end up going away when discovery or motions start running up the bill. 1 Link to comment Share on other sites More sharing options...
usagi555 Posted March 28, 2012 Report Share Posted March 28, 2012 Beating a case against Midland after winning against Discover (Yes, you won), will be a walk in the park. Nice work !! I tell you, with these creditors, if you call their bluff, nine times out of ten they won't even fight, regardless if they could end up winning or not. It's just not worth their time. Then the times they do put up a fight, it's usually just some token opposition and they end up going away when discovery or motions start running up the bill.Yeah, and the lawyers they hire aren't exactly top notch either. It's all about volume, and if you are going to screw that flow up, they're going to think twice. Also, while Discover's reputation is that they keep better records than the other major CC issuers, sometimes CC issuers simply don't have the evidence they need to win. Beyond that, if people raised every possible issue there was, and made them fight for every last inch, they simply would go broke from keeping the infrastructure up to keep up with the litigation. It's economically infeasable to send a live witness with actual personal knowledge for even a few percent of the cases they file, because they'll get a lot of people filing BK7 when the legal fees get tacked on to the bill and will recover nothing. Link to comment Share on other sites More sharing options...
jg2933 Posted March 28, 2012 Author Report Share Posted March 28, 2012 Also, while Discover's reputation is that they keep better records than the other major CC issuers, sometimes CC issuers simply don't have the evidence they need to win. I have no idea what evidence they even had because I wasn't provided with any paperwork whatsoever even when I repeatedly asked for it.Whatever the reason they dismissed, I'm just happy it's done with. Link to comment Share on other sites More sharing options...
Linda7 Posted March 28, 2012 Report Share Posted March 28, 2012 I have no idea what evidence they even had because I wasn't provided with any paperwork whatsoever even when I repeatedly asked for it.Whatever the reason they dismissed, I'm just happy it's done with.That's part of the great strategy of arbitration. Often they will decide to walk away, even having all the evidence they need - just because it would cost them too much to pursue the debt in arbitration. It is just not cost effective for them!Great job!! Link to comment Share on other sites More sharing options...
legaleagle Posted March 28, 2012 Report Share Posted March 28, 2012 (edited) Good for you. Stay here and we'll make Midland wish they never heard your name. Picture CIC as Longshanks, (Braveheart) and Midland as "Philip," Longshanks' son's "counselor of war." we all know how that scene went. I love that one. Out the window, dude. Edited March 28, 2012 by legaleagle Link to comment Share on other sites More sharing options...
BV80 Posted March 28, 2012 Report Share Posted March 28, 2012 Congratulations! Link to comment Share on other sites More sharing options...
whattodocacourt Posted March 28, 2012 Report Share Posted March 28, 2012 Yay! Congratulations! Link to comment Share on other sites More sharing options...
DonqIII Posted March 28, 2012 Report Share Posted March 28, 2012 Way to go. Good job. Link to comment Share on other sites More sharing options...
Oarman1954 Posted March 29, 2012 Report Share Posted March 29, 2012 That is great news! Link to comment Share on other sites More sharing options...
chrisbbadd Posted March 29, 2012 Report Share Posted March 29, 2012 If anyone remembers my case, I was sued by Discover, the OC. I filed MOD and Compel Arbitration (which got denied!), but before it was denied, Discover paid the JAMS arbitration fee. I called their bluff and paid mine. Now they received $2500 retainer bill (they are suing me for just under that amount) and I had a court date today. I planned to show up with my commencement letter and ask the judge to get the case postponed pending arbitration results.Well, the lawyer for Discover told the clerk that if I drop my charges against Discover and his law firm (I had a few when I filed my Official Complaint at JAMS), then Discover will just walk away. He wrote up a document that they are dropping the case with prejudice if I drop my case against them. Yay!!! I'm so relieved! Now I my husband just has to win his case against Midland.....What did you charge Discover with? Link to comment Share on other sites More sharing options...
jg2933 Posted March 29, 2012 Author Report Share Posted March 29, 2012 What did you charge Discover with?I basically said they never served me (so that was a violation), they tried to scare me that I would be responsible for JAMS fees (don't remember exactly, but it was also a violation of some law), failed to provide me with documentation after I repeatedly requested it. Link to comment Share on other sites More sharing options...
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