tvaughn

filed motion to dismiss and compel arb, now judgment?

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2 hours ago, fisthardcheese said:

If you are facing a JDB, I would resend the arb demand in and wait for the case to be closed due to the JDB ignoring JAMS.  At that point, I would consider the case dead and happy enough with my proof of their violation of a court order to arbitration should they attempt to revive the case (they wont).

It’s an OC (one of the big ones too, but I don’t want to use the name here for obvious reasons).  Sorry for leaving that important detail out in my quest to hide this thread from prying eyes - I know that makes a huge difference in determining the best course of action here.  Alleged debt is under 13k too. 

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Well, if it is the big D or the Express one, then I would seriously consider just doing nothing and seeing what they do, if it were me.  Now, know that there is a chance they could file a motion to reopen the court case and ask that the court take the case back due to your failure to follow through and file the arbitration, but, again, if this were me facing one of these OCs that we know will go through with arbitration, I would rather take the chance and then just play dumb and ask the judge to forgive your error and ask for arbitration again and promise to file this time.  To me, that extra time plus the small chance they do nothing and let this go is worth the lecture I may get from a judge and extra work to file another motion and/or defend why I never filed arbitration.  If could make a difference on having that time to save up a decent settlement amount for when you finally DO get into arbitration and want to settle.  However, if you have, say, perhaps 50% of the debt amount on hand and just want to go for arbitration now to force a settlement discussion, it could be less future hassle to go that route.

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22 minutes ago, fisthardcheese said:

Well, if it is the big D or the Express one, then I would seriously consider just doing nothing and seeing what they do, if it were me.  Now, know that there is a chance they could file a motion to reopen the court case and ask that the court take the case back due to your failure to follow through and file the arbitration, but, again, if this were me facing one of these OCs that we know will go through with arbitration, I would rather take the chance and then just play dumb and ask the judge to forgive your error and ask for arbitration again and promise to file this time.  To me, that extra time plus the small chance they do nothing and let this go is worth the lecture I may get from a judge and extra work to file another motion and/or defend why I never filed arbitration.  If could make a difference on having that time to save up a decent settlement amount for when you finally DO get into arbitration and want to settle.  However, if you have, say, perhaps 50% of the debt amount on hand and just want to go for arbitration now to force a settlement discussion, it could be less future hassle to go that route.

Hmmmm - that's interesting advice.  Does it change anything if I think I have multiple FDCPA violation claims in the way of their debt collector calling me numerous times after I sent them a Dunning letter?  I was considering proposing a mutual walkaway while mentioning these violations to see if I can get them to go away for good.

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Since they are not subject to FDCPA, you would have to pursue an action against the third-party collector, which provides no leverage against plaintiff.

As Fist said - if it's the same one you are currently engaged with, you already know how that goes. If it's the other one he mentioned, they will spend six figures to collect a tiny debt.

 

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3 hours ago, tvaughn said:

Hmmmm - that's interesting advice.  Does it change anything if I think I have multiple FDCPA violation claims in the way of their debt collector calling me numerous times after I sent them a Dunning letter?  I was considering proposing a mutual walkaway while mentioning these violations to see if I can get them to go away for good.

What did you state in your letter?

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12 minutes ago, BV80 said:

What did you state in your letter?

This letter is being sent to you in response to a notice sent to me 
dated XXX xx, xxx, postmarked XXX xx, xxxx and received 
by me on XXXX xx, XXXX. Be advised that this is not a refusal to 
pay but a notice sent pursuant to the Fair Debt Collection Practices 
Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and 
validation is requested. 
This is NOT a request for “verification” or proof of my mailing address, 
but a request for VALIDATION made pursuant to the above named 
Title and Section. I respectfully request that your offices provide me 
with competent evidence that I have any legal obligation to pay you. 
Please provide me with the following: 
What the money you say I owe is for; 
Explain and show me how you calculated what you say I owe; 
Provide me with copies of any papers that show I agreed to pay what 
you say I owe; 
Provide a verification or copy of any judgment if applicable; 
Identify the original creditor; 
Prove the Statute of Limitations has not expired on this account 
Show me that you are licensed to collect in my state 
Provide me with your license numbers and Registered Agent 
At this time I will also inform you that if your offices have reported 
invalidated information to any of the 3 major Credit Bureaus (Equifax, 
Experian or TransUnion) this action might constitute fraud under both 
Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you 
represent I will not hesitate in bringing legal action against you for the 
following: 
Violation of the Fair Credit Reporting Act 
Violation of the Fair Debt Collection Practices Act 
Defamation of Character 
If your offices are able to provide the proper documentation as 
requested in the following Declaration, I will require at least 30 days to 
investigate this information and during such time all collection activity 
must cease and desist. 
Also during this validation period, if any action is taken which could be 
considered detrimental to any of my credit reports, I will consult with 
my legal counsel for suit. This includes any listing any information to a 
credit reporting repository that could be inaccurate or invalidated or 
verifying an account as accurate when in fact there is no provided 
proof that it is. 
If your offices fail to respond to this validation request within 30 days 
from the date of your receipt, all references to this account must be 
deleted and completely removed from my credit file and a copy of such 
deletion request shall be sent to me immediately. 
I would also like to request, in writing, that no telephone contact be 
made by your offices to my home or anywhere else. If your offices 
attempt telephone communication with me, including but not limited to 
computer generated calls and calls or correspondence sent to or with 
any third parties, it will be considered harassment and I will have no 
choice but to file suit. All future communications with me MUST be 
done in writing and sent to the address noted in this letter by USPS. 
It would be advisable that you assure that your records are in order 
before I am forced to take legal action. This is an attempt to correct 
your records; any information obtained shall be used for that purpose. 
Additionally, if there is an underlying arbitration clause, I elect arbitration for any disputes regarding this alleged debt.

 

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2 minutes ago, tvaughn said:

This letter is being sent to you in response to a notice sent to me 
dated XXX xx, xxx, postmarked XXX xx, xxxx and received 
by me on XXXX xx, XXXX. Be advised that this is not a refusal to 
pay but a notice sent pursuant to the Fair Debt Collection Practices 
Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and 
validation is requested. 
This is NOT a request for “verification” or proof of my mailing address, 
but a request for VALIDATION made pursuant to the above named 
Title and Section. I respectfully request that your offices provide me 
with competent evidence that I have any legal obligation to pay you. 
Please provide me with the following: 
What the money you say I owe is for; 
Explain and show me how you calculated what you say I owe; 
Provide me with copies of any papers that show I agreed to pay what 
you say I owe; 
Provide a verification or copy of any judgment if applicable; 
Identify the original creditor; 
Prove the Statute of Limitations has not expired on this account 
Show me that you are licensed to collect in my state 
Provide me with your license numbers and Registered Agent 
At this time I will also inform you that if your offices have reported 
invalidated information to any of the 3 major Credit Bureaus (Equifax, 
Experian or TransUnion) this action might constitute fraud under both 
Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you 
represent I will not hesitate in bringing legal action against you for the 
following: 
Violation of the Fair Credit Reporting Act 
Violation of the Fair Debt Collection Practices Act 
Defamation of Character 
If your offices are able to provide the proper documentation as 
requested in the following Declaration, I will require at least 30 days to 
investigate this information and during such time all collection activity 
must cease and desist. 
Also during this validation period, if any action is taken which could be 
considered detrimental to any of my credit reports, I will consult with 
my legal counsel for suit. This includes any listing any information to a 
credit reporting repository that could be inaccurate or invalidated or 
verifying an account as accurate when in fact there is no provided 
proof that it is. 
If your offices fail to respond to this validation request within 30 days 
from the date of your receipt, all references to this account must be 
deleted and completely removed from my credit file and a copy of such 
deletion request shall be sent to me immediately. 
I would also like to request, in writing, that no telephone contact be 
made by your offices to my home or anywhere else. If your offices 
attempt telephone communication with me, including but not limited to 
computer generated calls and calls or correspondence sent to or with 
any third parties, it will be considered harassment and I will have no 
choice but to file suit. All future communications with me MUST be 
done in writing and sent to the address noted in this letter by USPS. 
It would be advisable that you assure that your records are in order 
before I am forced to take legal action. This is an attempt to correct 
your records; any information obtained shall be used for that purpose. 
Additionally, if there is an underlying arbitration clause, I elect arbitration for any disputes regarding this alleged debt.

 

Wow!  

1.  To whom did you send the letter?

2.  If you sent it to a debr collector, was it sent within 30 days of the initial communication made by the debt collector?

3.  What was the “initial communication”?

FYI, that letter is loaded with inaccuracies.   

https://www.creditinfocenter.com/community/topic/329454-deceptive-validation-request/

 

 

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12 minutes ago, BV80 said:

Wow!  

1.  To whom did you send the letter?

2.  If you sent it to a debr collector, was it sent within 30 days of the initial communication made by the debt collector?

3.  What was the “initial communication”?

FYI, that letter is loaded with inaccuracies.   

https://www.creditinfocenter.com/community/topic/329454-deceptive-validation-request/

 

 

I know - I sent it a couple of years ago before I had a better grasp on how to handle these sorts of things😬.  I’m sure there is a much better letter posted here or on the other board, but I can’t change what I already sent (I would obviously send something more succinct and impactful moving forward).  Anyway, the letter was sent to the CA for the original creditor well within 30 days of my receipt of the collection letter from the CA, which was the initial communication I received from them. 

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8 minutes ago, tvaughn said:

I know - I sent it a couple of years ago before I had a better grasp on how to handle these sorts of things😬.  I’m sure there is a much better letter posted here or on the other board, but I can’t change what I already sent (I would obviously send something more succinct and impactful moving forward).  Anyway, the letter was sent to the CA for the original creditor well within 30 days of my receipt of the collection letter from the CA, which was the initial communication I received from them. 

Is the current collector the same as the collector to whom you sent the letter?

Did the debt collector ever validate the debt?

How did it violate?

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4 minutes ago, BV80 said:

Is the current collector the same as the collector to whom you sent the letter?

Did the debt collector ever validate the debt?

How did it violate?

Yes, the current collector is the same and no, they never validated the debt.  They proceeded to call me numerous times at home (I have the call log to prove it) after they received my Dunning letter, which was sent via CMRRR and I do have the green card.

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22 minutes ago, tvaughn said:

Yes, the current collector is the same and no, they never validated the debt.  They proceeded to call me numerous times at home (I have the call log to prove it) after they received my Dunning letter, which was sent via CMRRR and I do have the green card.

Okay.  The OC is not liable for the actions of the debt collector simply because OCs are not liable under the FDCPA and cannot be held vicariously liable for debt collection violations of the Act.

In regard to the debt collector, the FDCPA poses a 1-year SOL on violations.  Any violations committed more than one year ago are no longer actionable.  If any violations have been committed within the last year, you'd have to file suit against the debt collector.

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32 minutes ago, BV80 said:

Okay.  The OC is not liable for the actions of the debt collector simply because OCs are not liable under the FDCPA and cannot be held vicariously liable for debt collection violations of the Act.

In regard to the debt collector, the FDCPA poses a 1-year SOL on violations.  Any violations committed more than one year ago are no longer actionable.  If any violations have been committed within the last year, you'd have to file suit against the debt collector.

Got it. I will have to go through my phone logs for the past year or so then to see if they’ve called within the past year. 

Is the consensus here that I should do as @fisthardcheesesaid and do nothing for now?  I’m ok with that, although I’m a bit apprehensive about it due to what I had to go through to get the judgment vacated and MTC approved.  The idea of having to go back to this judge/court is not very appealing to me.

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23 minutes ago, tvaughn said:

Got it. I will have to go through my phone logs for the past year or so then to see if they’ve called within the past year. 

Is the consensus here that I should do as @fisthardcheesesaid and do nothing for now?  I’m ok with that, although I’m a bit apprehensive about it due to what I had to go through to get the judgment vacated and MTC approved.  The idea of having to go back to this judge/court is not very appealing to me.

My knowledge of arbitration is limited to court rulings as to who has the right to arbitrate and some other very basic information.

If it were me, I'd follow the consensus of those more familiar with the process.  In my opinion, you've been given some good advice.

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13 hours ago, tvaughn said:

Is the consensus here that I should do as @fisthardcheesesaid and do nothing for now?  I’m ok with that, although I’m a bit apprehensive about it due to what I had to go through to get the judgment vacated and MTC approved.  The idea of having to go back to this judge/court is not very appealing to me.

In that case, you probably should not risk it.  I was merely stating what I would do, and I sometimes (most of the time) take unconventional approaches because I simply weigh the odds and then prepare to accept and potential negative effects of my decision.  I never go in saying "this is definitely going to work", but I simply take the "this is more likely to work than not, even if by a very slim margin, so I'm going for it" approach.  If you are not willing or prepared to deal with the potential negative aspects, then I would advice to NOT take that path.

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36 minutes ago, fisthardcheese said:

In that case, you probably should not risk it.  I was merely stating what I would do, and I sometimes (most of the time) take unconventional approaches because I simply weigh the odds and then prepare to accept and potential negative effects of my decision.  I never go in saying "this is definitely going to work", but I simply take the "this is more likely to work than not, even if by a very slim margin, so I'm going for it" approach.  If you are not willing or prepared to deal with the potential negative aspects, then I would advice to NOT take that path.

I appreciate your response and your position.  I feel like the one thing I have going for me should I decide to take your advice and do nothing for now is that I did indeed follow through by sending my arb demand AND I have proof that the arb org, the court AND the CA all received it.  

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So I know this is kind of off topic, but I applied for life insurance and the judgment that was entered against me and then vacated is still somehow attached to my records.  What can I do to get it removed from wherever it is showing up?

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Is there any type of notification/alert system that I can sign up for that will automatically email me if any further action is taken against me in this case?  I know I can keep checking online every so often for any new filings, but it would be nice if there was a way to be automatically notified of any new filings by the opposition.

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