rrene6

Just served by Cavalry SPV I (Love, Beal, Nixon) SOL Question/Pro Se Guidance. Please help!

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Read my arbitration thread again linked in my signature below.  There is a section on how to file with JAMS that will help you.

The law firm isn't messing with you.  They are shooting themselves in the foot, but that's about all.  Wait for the order from the judge, there is no need to rush it.  Let it happen when it happens.  Granted, it has been a couple years since I filed in JAMS, but I don't think they accept email filings.  At least, they didn't used to.  You will have to make sure you are sending in ALL of the required documents when filing, which includes 2 copies of everything.  Read the instructions on the Demand Form.

But send nothing in until you get the judge's order.

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I finally called the the court clerk who transferred me to the clerk for the judge assigned to my case. I have to go to her in person to get my MTC on his docket so he can hopefully grant it.

On another note, I was recently served by Stephen Bruce and Associates who are representing Midfirst Bank on a Visa credit card debt. I have heard Stephen Bruce can be a real bully and this case is in McClain County; where all "the good ole boys" scratch each others backs. I am going to file my answer today along with my MTC arbitration and I pray I can get all of this resolved soon. I will update soon. Thanks for your guidance.

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Help! This is in regard to the second lawsuit with  Stephen Bruce and Assoc. (Midfirst Bank credit card). I filed my answer and then MTC Arbitration in Purcell Oklahoma the beginning of March. The Plaintiff who is a JDB filed their response yesterday stating I did not give proper notice of dispute to them (Plaintiff). I will attach their response as I am at a loss as I have began the application process of filling out my JAMS application, but haven't submitted it because I am waiting on the judge to grant my MTC. The Plaintiff is saying that my MTC is not "ripe" and is asking my MTC be denied. 

How do I respond? This case was filed in McClain County and not Oklahoma County. I am so worried this attorney has close ties with this judge and Stephen Bruce's reputation is known as being one of the most deceptive debt collection attorneys there is. Someone please help.

 

Midfirst response to MTC ARB.pdf

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The good news: these arguments are completely BS.  A good and fair judge would easily be persuaded that you should have xxx days in which to initiate in JAMS.  A good and fair judge could be persuaded that filing an MTC is a proper election of arbitration and the logical next step is to grant the MTC with a stay for you to initiate.  
 

I have faced unethical attorneys who tried the BS arguments but I had an excellent judge who shot them down.  
 

I am not aware of the legal definition of “ripe”. 
 

The bad news:  the old boy network.  
My late grandfather was a successful OK attorney who tried cases in every county in the state.  His best friend was a famous judge (Alfred P. Murrah) who was an OU classmate as an undergraduate and law student. My grandfather was part of the old boys network. I am not, and neither are you.  
 

Normally we suggest waiting for the MTC to be granted before filing in JAMS.  There are exceptions to this rule. 
 

Since you have the paperwork done, perhaps you could file in JAMS.  Today. Send a copy to the opposing attorney CMRRR.  

Then, write an answer to the Plaintiff’s BS argument. State that filing the MTC is a proper election of arbitration.  State that the opposing attorney is simply using hand waving arguments with no legal basis to deny you rights protected by the US Supreme Court. Then point out the delay argument doesn’t fly because you already filed in JAMS, which takes the matter out of the court’s jurisdiction.  
 

 

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Thank you so so much for bringing me some relief! I have RE- read the CC user agreement terms several times this morning and never saw anything relating to his response. 
I have only filled out a small fraction of the JAMS application, but I will work on it when I’m off work. The agreement does show they will pay for the application fee if I request it or that’s how interpreted it. Would I have to pay the application fee when I file? I know in the arbitration thread it shows that I do. 
I work Monday through Friday at a large OKC hospital so driving to the courthouse takes me over an hour to get there. It’s a challenge to get there before the courthouse closes but I will try next week. Is there a deadline for me to respond? Also, I’m still waiting on the court clerk to contact me about my hearing regarding my MTC. 
thank you again from the bottom of my heart. 

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No, unfortunately I can't. McClain County courthouse is in a small country town so its understandable they only allow in person filings. Sadly, I am just getting home from work and after 14 hours, I'm exhausted. I will most likely tackle the JAMS application this weekend (this is also confusing to me).

Regarding my answer to the opposing attorney, Should I include any case law to my answer related to "simply using hand waving arguments with no legal basis to deny you rights protected by the US Supreme Court". I am completely fascinated with law and legal processes, but I lack the knowledge of understanding of many terms and researching skills for case law reference. I am one heck of a nurse though and can conduct any medical research topic in a matter of minutes!

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Crying right now! I really need guidance please.

I am likely over thinking here. On the JAMS demand form, I have no idea what to write on "Nature of Dispute/Claims and Relief Sought"- this is on page 3 of the JAMS Arbitration Demand Form. What are my claims? I have re-read the step by step process from @fisthardcheeseand I am so lost. I know I am not to bring up the lawsuit against me with the debt collectors, but I am fighting two different cases in two different counties. How and where do I find claims or examples of the nature of my dispute? Where do I find samples or Oklahoma case law regarding violations I am supposed to claim? I am at a total loss right now and have been googling and researching for two hours now; I am ready to crawl in a hole and never come out.

I have a second lawsuit with Stephen Bruce & Assoc., a very well known JDB in Oklahoma. I think this law firm bought this debt from Midfirst Bank- but if Midfirst Bank is listed as the Plaintiff on the case; does this mean I am really dealing with Midfirst Bank the OC?

I see the consumer section of the demand form, so do I skip all the pages before that?  I have got to get this done ASAP since I work the next 6 days.

Yesterday I received a "Request for Admissions of Genuineness of Writing and Truth of Facts for Production and Interrogatories" from Stephen Bruce & assoc. saying I send all my answers to his law firm within 30 days. Aren't I waiting on the ruling for the MTC before I make my action proper?  This is drafted like it will be filed, but it hasn't been yet. The end of the letter states "This is an attempt to collect a debt.......".

I don't even have a ruling from the judge on my MTC that I filed 3/3. The court clerk stated they will notify me of the hearing date- I have not heard a word. I called Friday and had to leave a message with the judges clerk. As I wrote in my previous post about- the JDB attorney filed a response to my MTC - I attached their response in my post on Wednesday (see above). I am feeling like I am being bullied in a sense. I don't even have a ruling on my MTC Arbitration and this attorney wants it denied and is already asking interrogatories. I do have rights correct?

I need help filling out the JAMS demand form- I did confirm I can email it. I can scan all my forms in from my printer/scanner and email them, but I am so so lost. I know once I file with JAMS and have a case number will help, but I really don't have $250 to pay the filing fee right now. Based on the advice in the original Arbitration thread- it states do not pay your JAMS fee until the judge rules on the MTC. I also am interpreting the CC agreement that I can ask the OC/JDB to pay my filing fee. Someone please see this and advise please!!

Sorry so long.

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As far as the discovery demand — is the deadline for answers before or after the MTC hearing?   If it is after the hearing, do nothing for now.  If before, answer every question and request with an objection that there is a pending MTC and this is an improper venue for discovery.  Don’t ignore their discovery or else you could lose the case as a sanction.  Don’t answer with anything other than an objection because they could claim you have waived your rights to arbitration. 
 

Don’t pay the filing fee now. Soon after you file send a request to their attorney for the $250 filing fee. 
 

Put something along the lines of debt dispute for JAMS. 

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5 hours ago, BackFromTheDebt said:

As far as the discovery demand — is the deadline for answers before or after the MTC hearing? 

5 hours ago, BackFromTheDebt said:

Thank you for answering.
I don’t know when the hearing is for the MTC. When I filed it the first of March, the clerk said they will contact me by phone when they schedule it. I called the clerks office Friday and was transferred to the judges clerk where I had to leave a voicemail. The discovery demands states I have 30 days from the date of service (it was mailed in regular mail and in my mailbox, so I'm unsure how they know I received it) to respond. The judge in this case is a “special” judge just for these cases. It’s been almost 4 weeks since I filed and in that time the plaintiff has filed his answer to my MTC and mailed me the discovery questions. I am so worried this judge will rule on their answer to my MTC before hearing my MTC. I also don’t know what to put as my complaint against them are yet on the JAMS form. Hopefully, something will pop in my head lol.
I will try to email the court clerk about my MTC hearing because there’s nothing on oscn about it. I am going Friday to file my answer to his Discovery requests, do I need to respond t his initial answer to my MTC as well?
Thanks again! 
 

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You are overthinking this. 
 

The answer to your motion is part of the paperwork for the judge to deal with concerning your motion.  He can’t rule on the answer before ruling on the motion.  Those are part of the same hearing. 
 

As far as discovery, sit on that for a little while and see when the hearing will be.  In 2-3 weeks if the hearing hasn’t been scheduled, or if the hearing is past the deadline, deal with it then.  

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BFTD: I am most definitely overthinking this. I promise I'm not stupid, just not very confident when trying to battle legal things like this. I tend to be a little OCD in the field of nursing, so of course, I want to make sure I do what is required in this case. I will try to put on a better poker face. I may be back with more questions, but thank you for taking the time and addressing this for me. Much appreciated.

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On 3/24/2021 at 9:44 AM, BackFromTheDebt said:

Since you have the paperwork done, perhaps you could file in JAMS.  Today. Send a copy to the opposing attorney CMRRR.  

One more question; when  finish my JAMS demand form/application, do I wait until JAMS provides me a case #? or will they give me a case # if I don't pay first? Should I file anything with the court notifying them I filed in JAMS  or just send a copy of my completed JAMS demand form to the Plaintiff as you wrote above? Thanks!!

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17 hours ago, rrene6 said:

I have a second lawsuit with Stephen Bruce & Assoc., a very well known JDB in Oklahoma. I think this law firm bought this debt from Midfirst Bank- but if Midfirst Bank is listed as the Plaintiff on the case; does this mean I am really dealing with Midfirst Bank the OC?

If Midwest Bank is listed as the plaintiff, it is the plaintiff.  The law firm is representing the plaintiff in litigation just the same as if you hired a lawyer to represent you.  If you hired a lawyer because you wanted to sue someone, the lawyer would write and file the complaint, write and file motions, send discovery requests, etc., but you would still be listed as the plaintiff because you are the person who is suing,   The lawyer just does the work.

Check your credit report to see if Midwest is reporting.  In the event it’s reporting and still owns the account, it might show the account is charged off and in collection, but it will also show that you owe a balance.  When a account is sold, the original creditor must report a $0 balance because the balance is no longer owed to the original creditor.

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1 hour ago, rrene6 said:

Thank you for answering BV80. My report does show Midwest is reporting and the account was closed/charged off 5/2016. My nerves are frazzled!

It’s a common misconception that all debts are sold and that all law firms/attorneys and collection agencies purchase defaulted accounts.   There are creditors who hold on to charged-off accounts.  Discover Bank and American Express are 2 examples of banks that rarely, if ever, sell them.

There are collection agencies which do not purchase accounts.  Many simply collect for OCS.  iC Systems is an example.  The same goes for the vast majority of law firms.

As long as the OC still shows a balance, it still owns the account.

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Thank you for explaining that. My sister used to work for this attorney for Midfirst years ago and told me he usually buys old debts. I think I am going to have to research what violations an OC can have. I was harassed and threatened initially  (5 yrs ago), but never heard a word after that.

Also, I was never notified by this attorney for Midfirst about the debt until I was being sued- I received the summons by certified mail. He tried to serve me for 15 months apparently. I moved to a different town in a different county and never knew. Thanks again. 

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58 minutes ago, rrene6 said:

I think I am going to have to research what violations an OC can have. I was harassed and threatened initially  (5 yrs ago), but never heard a word after that.

The FDCPA does not apply to an OC.  There are a few states that give their residents similar rights under state law.  Two are California and Texas.  I do not believe OK is one of them but your research would reveal that.  ANY violation from 5 years ago would be barred by the statute of limitations now.  Even the FDCPA has a one year SOL on pursuing a violation.

59 minutes ago, rrene6 said:

I was never notified by this attorney for Midfirst about the debt until I was being sued

They are not required to notify you prior to suing.  Some do but like the violations only a handful of states require a right to cure or notification prior to suit.  Florida and South Carolina are 2 that I know of.

1 hour ago, rrene6 said:

I received the summons by certified mail

All courts have a process for alternate service when regular service has been difficult or impossible.  You would need to look at OK rules to find out if this qualifies but my educated guess is that it does.

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Thank you CM for explaining. I am still as lost now as I was when I started seeking advice. I don’t know what to do regarding the JAMS demand form. I realize now that I’m dealing with an OC- so where do I find resources on violations? I have two open cases, the first is with Cavalry and the second is with OC Midfirst. 
I cannot afford an attorney which is why I’ve begged for some guidance- I guess I will fill out my two separate demand forms and see if they get rejected. 
I do appreciate those who have given me some great information since I started this thread in November- I’m so unclear still on many things and feeling pretty defeated at this point. 
Thanks again. 

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1 hour ago, rrene6 said:

Thank you CM for explaining. I am still as lost now as I was when I started seeking advice. I don’t know what to do regarding the JAMS demand form. I realize now that I’m dealing with an OC- so where do I find resources on violations? I have two open cases, the first is with Cavalry and the second is with OC Midfirst. 
I cannot afford an attorney which is why I’ve begged for some guidance- I guess I will fill out my two separate demand forms and see if they get rejected. 
I do appreciate those who have given me some great information since I started this thread in November- I’m so unclear still on many things and feeling pretty defeated at this point. 
Thanks again. 

Hopefully @fisthardcheeseor @BackFromTheDebtwill answer your JAMS questions.

In regard to Midfirst Bank, what kind of debt is it?  

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8 minutes ago, BV80 said:

Hopefully @fisthardcheeseor @BackFromTheDebtwill answer your JAMS questions.

In regard to Midfirst Bank, what kind of debt is it?  

Hi. It’s a credit card debt - possible a Visa. I don’t ever recall having a $5500 balance. Sadly, I don’t have any documents relating to this CC because I lost so much in a house fire 3 years ago. 

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14 hours ago, rrene6 said:

One more question; when  finish my JAMS demand form/application, do I wait until JAMS provides me a case #? or will they give me a case # if I don't pay first? Should I file anything with the court notifying them I filed in JAMS  or just send a copy of my completed JAMS demand form to the Plaintiff as you wrote above? Thanks!!

For now send copies to the plaintiff’s attorney. 
Also send a request to the for the $250.  Make sure you keep copies.  You may or may not need them in court.  
 

At some point you will want to file a response to their answer.  If you can wait until you get your JAMS case number, that is better.  It depends on when the court schedules the MTC.  
 

You can cross that bridge at the appropriate time.  

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