kim662

Cach debt collection

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It was not pending for more than a few months, so this falls under Sol. Should I send them anything back at this point, or just wait to see what they try?

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I found some of the info from this case from 2011 that went into 2012, I requested arbitration with JAMS, paid my fee and CACH did not. I submitted MTD w/prej to court, they at the same time, submitted Stip dismissal w/o prej, which is the order that got signed, I didn't even have a chance to do anything about it. I was happy it was dismissed at the time and then JAMS closed their case due to non-payment of their fee. Does any of this make a difference in what, if anything, I should do about this?

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56 minutes ago, kim662 said:

I found some of the info from this case from 2011 that went into 2012, I requested arbitration with JAMS, paid my fee and CACH did not. I submitted MTD w/prej to court, they at the same time, submitted Stip dismissal w/o prej, which is the order that got signed, I didn't even have a chance to do anything about it. I was happy it was dismissed at the time and then JAMS closed their case due to non-payment of their fee. Does any of this make a difference in what, if anything, I should do about this?

They filed a stipulated dismissal without actually asking you first?

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@fisthardcheese Here's the rule:

Rule 2.504 Dismissal of Actions

(A) Voluntary Dismissal; Effect.

(1) By Plaintiff; by Stipulation. Subject to the provisions of MCR 2.420 and MCR 3.501(E), an action may be dismissed by the plaintiff without an order of the court and on the payment of costs

(a) by filing a notice of dismissal before service by the adverse party of an answer or of a motion under MCR 2.116, whichever first occurs; or

(b) by filing a stipulation of dismissal signed by all the parties.

Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a dismissal under subrule (A)(1)(a) operates as an adjudication on the merits when filed by a plaintiff who has previously dismissed an action in any court based on or including the same claim.

(2) By Order of Court. Except as provided in subrule (A)(1), an action may not be dismissed at the plaintiff's request except by order of the court on terms and conditions the court deems proper.

(a) If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the court shall not dismiss the action over the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.

(b) Unless the order specifies otherwise, a dismissal under subrule (A)(2) is without prejudice.

(B) Involuntary Dismissal; Effect.

(1) If a party fails to comply with these rules or a court order, upon motion by an opposing party, or sua sponte, the court may enter a default against the noncomplying party or a dismissal of the noncomplying party’s action or claims.

(2) In an action, claim, or hearing tried without a jury, after the presentation of the plaintiff's evidence, the court, on its own initiative, may dismiss, or the defendant, without waiving the defendant’s right to offer evidence if the motion is not granted, may move for dismissal on the ground that on the facts and the law, the plaintiff has no right to relief. The court may then determine the facts and render judgment against the plaintiff, or may decline to render judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in MCR 2.517.

(3) Unless the court otherwise specifies in its order for dismissal, a dismissal under this subrule or a dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for failure to join a party under MCR 2.205, operates as an adjudication on the merits.

(C) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. This rule applies to the dismissal of a counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone, pursuant to subrule (A)(1), must be made before service by the adverse party of a responsive pleading or a motion under MCR 2.116, or, if no pleading or motion is filed, before the introduction of evidence at the trial.

(D) Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action in any court commences an action based on or including the same claim against the same defendant, the court may order the payment of such costs of the action previously dismissed as it deems proper and may stay proceedings until the plaintiff has complied with the order.

(E) Dismissal for Failure to Serve Defendant. An action may be dismissed as to a defendant under MCR 2.102(E).

 

 

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2 minutes ago, Brotherskeeper said:

@fisthardcheese Here's the rule:

Rule 2.504 Dismissal of Actions

(A) Voluntary Dismissal; Effect.

(1) By Plaintiff; by Stipulation. Subject to the provisions of MCR 2.420 and MCR 3.501(E), an action may be dismissed by the plaintiff without an order of the court and on the payment of costs

(a) by filing a notice of dismissal before service by the adverse party of an answer or of a motion under MCR 2.116, whichever first occurs; or

(b) by filing a stipulation of dismissal signed by all the parties.

Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a dismissal under subrule (A)(1)(a) operates as an adjudication on the merits when filed by a plaintiff who has previously dismissed an action in any court based on or including the same claim.

(2) By Order of Court. Except as provided in subrule (A)(1), an action may not be dismissed at the plaintiff's request except by order of the court on terms and conditions the court deems proper.

(a) If a defendant has pleaded a counterclaim before being served with the plaintiff's motion to dismiss, the court shall not dismiss the action over the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court.

(b) Unless the order specifies otherwise, a dismissal under subrule (A)(2) is without prejudice.

(B) Involuntary Dismissal; Effect.

(1) If a party fails to comply with these rules or a court order, upon motion by an opposing party, or sua sponte, the court may enter a default against the noncomplying party or a dismissal of the noncomplying party’s action or claims.

(2) In an action, claim, or hearing tried without a jury, after the presentation of the plaintiff's evidence, the court, on its own initiative, may dismiss, or the defendant, without waiving the defendant’s right to offer evidence if the motion is not granted, may move for dismissal on the ground that on the facts and the law, the plaintiff has no right to relief. The court may then determine the facts and render judgment against the plaintiff, or may decline to render judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in MCR 2.517.

(3) Unless the court otherwise specifies in its order for dismissal, a dismissal under this subrule or a dismissal not provided for in this rule, other than a dismissal for lack of jurisdiction or for failure to join a party under MCR 2.205, operates as an adjudication on the merits.

(C) Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim. This rule applies to the dismissal of a counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone, pursuant to subrule (A)(1), must be made before service by the adverse party of a responsive pleading or a motion under MCR 2.116, or, if no pleading or motion is filed, before the introduction of evidence at the trial.

(D) Costs of Previously Dismissed Action. If a plaintiff who has once dismissed an action in any court commences an action based on or including the same claim against the same defendant, the court may order the payment of such costs of the action previously dismissed as it deems proper and may stay proceedings until the plaintiff has complied with the order.

(E) Dismissal for Failure to Serve Defendant. An action may be dismissed as to a defendant under MCR 2.102(E).

 

 

Yes, the way OP posted this, it sounded as if they were not even conferred on a dismissal, let alone signed off on it.  If that is true, then I would file a bar complaint against that attorney. 

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This happened 9 years ago, and I was involved in 4 separate cases at one time, so I'm going by what I remember and what I  have written down, but yes, they submitted stip dismissal that got signed by the judge before I was even notified, in fact, I had to call the courthouse because the hearing was cancelled(which I only found out by looking at the court docket online), the clerk or secretary then verbally told me about the stip dismissal and that I would get a copy in the mail. Which I did a few days later. My MTD was apparently ignored and discarded as I never heard anything else about it. My question now I guess is, since I had already requested arbitration on this debt, should I send them a letter explaining this? Do I mention they are also beyond SOL? I'm not really interested in suing them, (no time for court and really bad at it, I'm in the medical field, not lawyer-esque) I just want them to go away. 

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On 3/20/2019 at 1:53 PM, kim662 said:

I just want them to go away. 

We call this sending them a FOAD letter. "F- Off And Die".  You can make it very simple by stating "never contact me again, goodbye".  Or you can bait them for potential future litigation if you wanted to by simply saying "I refuse to pay".

You don't need to mention SOL or any previous court action.  Just tell them to stop contacting you.   Send it certified and save a copy of what you send them.

If they do not comply and later contact you again, then just call an attorney and give him your proof of C&D.  You would need to take no action, an attorney would do it all for you, and you can just collect the check for their violation.

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1 minute ago, fisthardcheese said:

We call this sending them a FOAD letter. "F- Off And Die".  You can make it very simple by stating "never contact me again, goodbye".  Or you can bait them for potential future litigation if you wanted to by simply saying "I refuse to pay".

You don't need to mention SOL or any previous court action.  Just tell them to stop contacting you.   Send it certified and save a copy of what you send them.

If they do not comply and later contact you again, then just call an attorney and give him your proof of C&D.  You would need to take no action, an attorney would do it all for you, and you can just collect the check for their violation.

That sounds like a plan. So, just a one line letter, "Please do not contact me again." ? No need to include any explanation?

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@kim662  See fisthardcheese's advice below. If you don't have the CMRRR number you can leave a blank space to handwrite the number in before mailing. It's important, however, to have a copy of the letter with your signature for your files. If you can pick up the CMRRR form before you send the letter, great. Once you send the C&D letter, they are allowed to communicate with you once more. See § 805(c)(1-3) below. Here's a sample letter for you to consider. It contains more than the bare bones statement required in (c) Ceasing Communication. This letter was sent to a collector who was calling family cell phones. It may not apply to your situation. 

Today’s date


Your name
Your address


Collector’s name
Collector’s address


Re: (insert account number or account name)

USPS Certified Mail Return Receipt Requested #______________


Mr./Ms. (Collector’s last name): 

Pursuant to my rights under federal debt collection laws, I request that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe. Do not call me at home, at work, on my cell phone or at any other location. 

Sincerely,
Your Name

 

 

@fisthardcheese recently advised: "We sometimes skip over the fundamentals that are probably buried from years ago in another section of the forums, but when you are dealing with legal matters and will have to be sending a few registered letters, it's a good idea to grab a handful of both the green registered stickers in addition to the green return receipt cards from your post office.  Most have them readily available before getting up to the counter.  Take several home so that you can not only fill them out prior to going to the post office, but also as suggested, include the Registered USPS number as part of your letter head within your letters.  Also, it is important to save a scanned copy after you printed and signed the letters that you are sending.  Saving a copy of the signed letter before putting it into the envelope is also proof of WHAT you sent in addition to WHEN you sent it with the registered receipt."

Fair Debt Collection Practices Act, [15 USC 1692c]

§ 805.  Communication in connection with debt collection

(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

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17 hours ago, Brotherskeeper said:

Fair Debt Collection Practices Act, [15 USC 1692c]

§ 805.  Communication in connection with debt collection

(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

Just note that this "one last contact" that they are allowed is very strictly limited to the above, which essentially is ONLY to say what they are going to do with your file.  They may NOT ask you to pay or mention the debt owed at all in this "one last contact".  All they are allowed to say is something like "we will no longer contact you", or "we will shred your file", or "we are holding a bonfire and will stick pins into your file as is our customary voodoo ceremony with dead accounts".  But they can NOT ask you to pay. Just keep this in mind.

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