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Update with Portfoilo suit.


mopman64
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I went on the net today and did some homework.  I have found a cc agreement for the one that I did with GE that I am being sued for.

 

Guess what's in the agreement.  

 

A nice big fat arbitration clause. 

 

So now Portfoilo is breaking their own contract or GE's, which they have to follow.  

 

Is there a violation in this, I looked but I don't know if I am missing something.  

 

So should I now ask the court for MTD or should I contact their lawyers and let them know what I found? 

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Talked with Mr. Stern this morning.  He is taking the case.  So I am sure if he is taking it we have violations.  Lawyers know when something is a waste of time.

 

Congratulations!  Stern wouldn't take the case if he didn't feel he could win it for you. 

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As of now not paying him anything.  He told me he is pretty sure that its a win, he has several that he has done with them and he says that it is a very slim chance that I will owe him anything.

Sounds pretty rock solid to me.  Good luck, but I don't think you'll need it!

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What he told me he will do with the JDB is first a letter asking for a crazy high amount of damages plus his cost and court fees plus trade line removal and no 1099 to me at tax time also for them not to sue me or sell this debt ever again.

 

He says then they will counter with a smaller amount of $ and we will go from there. 

 

I also understand that once you sue a JBD that your name goes into a book or something and lets other JDB know that you fight and that they are not willing to sue you as much.  Is this true, has anyone else heard of this?

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I also understand that once you sue a JBD that your name goes into a book or something and lets other JDB know that you fight and that they are not willing to sue you as much.  Is this true, has anyone else heard of this?

 

When you file an FDCPA claim it goes into the court system as public record. Some JDBs have computer analysis programs that weed out those who are likely to sue. Others, probably smaller ones, may subscribe to sites like this. https://www.webrecon.com/b/

 

While that is true for many, others may not take the time to look or care. At one time I was getting at least one letter and many phone calls a day. After I won my first local case the letters slowed down. After I filed my first FDCPA Lawsuit almost all collections stopped. Both of these happened at about the first time, so who knows. I'm guessing the FDCPA case was the main reason.

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I think my contact with debt collectors has gone way down since I have sued them under FDCPA.

 

The only ones who contact me now must be the ones who don't use WebRecon.  And they are usually dumb enough to violate.

 

Now, while the collection agencies are mostly silent, there is this sound in the background: tick, tick, tick.

 

Know what that is?  It is the clock running out on the statute of limitations.

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