Raum

Filing MTC Help <3

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On 4/11/2019 at 4:35 PM, Raum said:

"Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right."

@Raum I believe this is a typo. It should read "resolve" not revolve. 

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@Raum

If you don’t mind my asking, where did you find the affirmative defenses and requests for production that you used?

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On 5/6/2019 at 12:35 PM, Raum said:

@BV80 i actually got it from the last link in your signature, 

https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors?utm_source=maven-coalition&utm_medium=hubpages&utm_campaign=liftigniter&utm_content=hp-related

that the one that made the most sense to me when i was panicking.

Ok.  Thanks for letting us know. 

The majority of information in that article is not supported by law.    It appears that Brian Gray has done very little research and mostly provides his opinions rather than fact and proof.

Check out the following post to see just a few of misrepresentations in his article.  Note that I provide proof to show how his claims are wrong.

https://www.creditinfocenter.com/community/topic/330215-some-opinions-please/?do=findComment&comment=1372504

There are many more misrepresentations that I did not address.  I also have a thread regarding debt validation that shows the errors in his suggested debt violation letter.

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

His latest misrepresentation is that junk debt buyers cannot report on your credit report.  This is despite the fact that the CFPB in its Consent Decree with Midland Funding (a debt buyer) shows otherwise.  See pages 38 and 39 of https://files.consumerfinance.gov/f/201509_cfpb_consent-order-encore-capital-group.pdf

I know that he is aware of this site.  I would think that if he could support his claims, he would be willing to interact with us.  I truly hope that he would be willing to engage in a respectful debate.

 

 

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So i had my hearing and the judge granted my motion to compel arbitration, what happens now and whats my next step?

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2 hours ago, Raum said:

So i had my hearing and the judge granted my motion to compel arbitration, what happens now and whats my next step?

Congrats! Did the judge grant a stay, and mention a status hearing? Have you read fisthardcheese's pinned thread on arbitration?

 

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what was granted on my file details reads "COMPEL PRIVATE ARBITRATION & STAY CASE PENDING ARB"

didn't mention status hearing, and i have but i didn't really see what to do next other than go to JAMS or AAA and file my arbitration.

is that the next step?

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Yeah, you're going to have to eat the filling fee, unfortunately. If you do nothing, the plaintiff will take you back to court and say you weren't serious about arbitration. 

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On 5/16/2019 at 7:52 PM, Harry Seaward said:

Yeah, you're going to have to eat the filling fee, unfortunately. If you do nothing, the plaintiff will take you back to court and say you weren't serious about arbitration. 

whys that? i thought since my arbitration clause said they will pay for it they could. did i mess up to where i have to pay for it now? not a huge deal but just curious.

 

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Good job.  You got the hardest part of this behind you now.

I would use JAMS rather than AAA, personally, if the card agreement gives you the choice.  Go to JAMS' website and download the "Demand For Arbitration" form.  This is basically the same as a "complaint" form you would file in court.  The instructions on how to file are on this form (last time I checked it requires sending everything in duplicate to JAMS including the Card Agreement).  I would include 2 copies of the court's granted MTC as well and I would make and include simple and short cover letter (only one copy) that states you are demanding a new consumer case via court order and that the enclosed contract between the parties states that the company will pay the consumer's filing fee and ask that JAMS bill the company for the consumer's portion of that fee.

I would send it by certified mail for proof to the court if needed that you filed the timely.  Also send 1 copy of everything you send JAMS (including the cover letter) to the attorney.

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So I just checked the court for an update and i noticed on my court  information it now says:  Case Status
Completed/Re-Completed

 

and:

  • 06/03/2019 Motion to Dismiss

  • 06/04/2019 Order of Dismissal Without Prejudice 

    Judicial Officer
    Name, Name

  • 06/04/2019 Case Resolution Dismissal Without Trial

     

     

    Dismissal without prejudice means they can sue me again in the future right? 

    so this is just stating they ordered for dismissal and it was granted without prejudice and the final one is just stating that its dismissed?

    so now the plan is to take it to arbitration and later down the road request dismissal WITH prejudice correct?

     

    EDIT* dont know how to delete a comment but I answered my own questions. Went back and read the post cheese posted and figured it out. got excited and commented before going back and reading, I apologize.

     

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No arbitration. You're done. Congrats! (They won't bother trying to sue you again because they know you'll use arbitration against them if they do.)

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1 hour ago, Harry Seaward said:

No arbitration. You're done. Congrats! (They won't bother trying to sue you again because they know you'll use arbitration against them if they do.)

So i shouldn't continue and try to get dismissal WITH prejudice? Man, i cant tell you guys how much i appreciate all your help. you were a life saver for sure!!

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They aren't going to sue you again. If that's your only reason for wanting a WP dismissal, it would be a waste of energy. 

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41 minutes ago, Harry Seaward said:

They aren't going to sue you again. If that's your only reason for wanting a WP dismissal, it would be a waste of energy. 

Okay! Thank you so so so so so MUCH, I cant tell you how much i appreciate your help. you are a saint haha

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Nice how the Judge just let them do an end-run around your granted MTC in direct opposition to the court rules.  But at least you got a dismissal, so that's a great thing.

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On 6/8/2019 at 8:07 AM, Raum said:

Okay! Thank you so so so so so MUCH, I cant tell you how much i appreciate your help. you are a saint haha

Great work! And thank you for wanting to join the military and serve your country. I wish you well.

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