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California sued by Calvary. Court vs. arbitration ?


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A Quick update: I finally got a response from the Arbitration folks. They sent a letter (and CC'd me) to the law firm representing the junk debt buyer informing them that a consumer arbitration has been filed and the consumer fees of $200 were paid.  They are asking the JDB to pay $2,800 for the case to move forward ! They only have a couple of weeks to do this. 

I'll post an update when I know more.

 

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On 2/5/2020 at 12:54 AM, NetworkEngineer said:
 
 

A Quick update: I finally got a response from the Arbitration folks. They sent a letter (and CC'd me) to the law firm representing the junk debt buyer informing them that a consumer arbitration has been filed and the consumer fees of $200 were paid.  They are asking the JDB to pay $2,800 for the case to move forward ! They only have a couple of weeks to do this. 

I'll post an update when I know more.

 

This is a good time to send the attorney a settlement offer of mutual dismissal with prejudice. (you drop your arbitration case and they drop the court case with prejudice).  I would state that my offer expires on the same date that AAA said their payment is due.  This gives them a better 'out' than to pay the bill they are now facing to continue.

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4 hours ago, fisthardcheese said:

This is a good time to send the attorney a settlement offer of mutual dismissal with prejudice. (you drop your arbitration case and they drop the court case with prejudice).  I would state that my offer expires on the same date that AAA said their payment is due.  This gives them a better 'out' than to pay the bill they are now facing to continue.

Thanks for the advice. I have it written and will be mailing tomorrow.

 

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  • 4 weeks later...

A quick update: 

Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my  credit report ! I checked the court website and saw their dismissal was filed on Feb 27th.  I agreed to dismiss my arbitration (which I advised AAA to do). 

So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! 

I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy of all of my redacted docs earlier in this thread. 

 

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16 hours ago, NetworkEngineer said:

A quick update: 

Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my  credit report ! I checked the court website and saw their dismissal was filed on Feb 27th.  I agreed to dismiss my arbitration (which I advised AAA to do). 

So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! 

I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy of all of my redacted docs earlier in this thread. 

 

Congratulations!  👏👍

Thank you for the update on your success!  Yes, please keep checking in to offer advice and encouragement.  It would be greatly appreciated.  🙂

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16 hours ago, NetworkEngineer said:

Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my  credit report ! I checked the court website and saw their dismissal was filed on Feb 27th.  I agreed to dismiss my arbitration (which I advised AAA to do). 

:cheerleader::cheerleader::cheerleader:

Great outcome! Thank you for posting links to your documents. This will certainly help others from California. 

16 hours ago, NetworkEngineer said:

Following Firsthardcheese's advice,

@fisthardcheesexkingx

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  • 2 weeks later...
On 2/29/2020 at 9:05 PM, NetworkEngineer said:

A quick update: 

Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my  credit report ! I checked the court website and saw their dismissal was filed on Feb 27th.  I agreed to dismiss my arbitration (which I advised AAA to do). 

So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! 

I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy of all of my redacted docs earlier in this thread. 

 

Congrats!!! Another textbook Arbitration win!!!

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  • 4 months later...
On 2/29/2020 at 6:05 PM, NetworkEngineer said:

A quick update: 

Following Firsthardcheese's advice, I sent the mutual dismissal letter and I was contacted by the JDB's lawyer. We agreed to a mutual dismissal with prejudice and a removal of the trade line from my  credit report ! I checked the court website and saw their dismissal was filed on Feb 27th.  I agreed to dismiss my arbitration (which I advised AAA to do). 

So Wow - this is a big relief. I could not have done this without the help of this forum - Thanks everyone ! 

I'll still be checking in if anyone has any questions or if I can offer any advice. I posted a copy of all of my redacted docs earlier in this thread. 

 

Hey @NetworkEngineer!  I know this happened some months back, and with this COVID thing I'm now catching up on some emails — I just wanted to say CONGRATULATIONS!!  Glad the arbitration route is working in Cali!! 🥳

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On 3/30/2021 at 3:28 PM, everythingiseverything said:

Thank you for posting this info! I used your documents in CA, and was able to get my case dismissed. If you are reading this, you can use Adobe Acrobat Pro to edit pdfs, please make sure you take out the info that doesn't apply to you.

Thank you for your work and assistance! I appreciate.

To add to this, I used a program called "Foxit Advanced PDF Editor". It is a free software program.

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  • 3 months later...

Congrats. I am new to this website as I am now being notified by a debt collector law firm in NY Rubin&Rothman.

Question - now that the debt is removed and also from the credit line, is there an payment or penalty that must be paid to the IRS for cancellation of debt? Sorry if this is a dumb question, I am so new to this and find this debt collecting thing very stressful.

Warmly - R

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8 hours ago, Rexedwardsmooney said:

Congrats. I am new to this website as I am now being notified by a debt collector law firm in NY Rubin&Rothman.

Question - now that the debt is removed and also from the credit line, is there an payment or penalty that must be paid to the IRS for cancellation of debt? Sorry if this is a dumb question, I am so new to this and find this debt collecting thing very stressful.

Warmly - R

You need to start your own thread to receive advice.

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20 hours ago, Rexedwardsmooney said:

Congrats. I am new to this website as I am now being notified by a debt collector law firm in NY Rubin&Rothman.

Question - now that the debt is removed and also from the credit line, is there an payment or penalty that must be paid to the IRS for cancellation of debt? Sorry if this is a dumb question, I am so new to this and find this debt collecting thing very stressful.

Warmly - R

The only time the IRS is involved concerning cancellation of debt is when a creditor sends you (and the IRS) a Form 1099C.  You have to include the amount on the 1099C as taxable income, unless you are insolvent (owe more than you own), in which case you can exclude it using Form 982.

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