Flirtykumquat

Account is currently with attorney....next steps

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Credit Corp Solution sent me a "Pre-legal" notice about 2 months ago. I sent a Debt Validation letter. I received a yellow envelope with copy of statements from the OC (Care Credit/Synchrony Bank). The account was charged off in October of 2017 and sold in August of 2018. About 2 weeks later I have received a letter from Marcadis and Singer PA (Debt Arbitration In Florida (marcadislaw.com) indicating Credit Corp has turned my account over to them for collection. I did send another DV to them to buy me some time. I have read that once I am served papers for lawsuit that I should file a Motion to Compel and try Arbitration. 

I am in Florida (where everything is backwards)  and I did not want to do anything wrong so I consulted with a lawyer to see if that is something they could assist me with.  The lawyer told me there are no tricks or shortcuts to getting the case dismissed unless I have actual proof that it is not my debt. He says by me filing a motion to compel ask the court to order either the opposing party or third party to take some action and he highly suggested not to do it. 

Since this is a lawfirm I have not contacted them yet. I am not sure what to do. Should I just settle or what?

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A lawyer told you not to do that? Little tip, most attorneys, specifically debt collection will always urge you NOT to do things you want to do or think may help you. Reason being; they want your business. I would suggest reading up on the rules of civil procedure in your state. Finding out how your court requires things be done. Almost every debt collection attorney will tell you that debt cases are usually pretty clear whos debt it is as it was filed against you. They will all tell you "unless you can prove it isn't your debt", and they all want to charge a pretty hefty fee ($500+ usually) to "negotiate" an agreed judgment. I am sure someone with experience in Florida will reply to you soon to help you further as I know this isn't really much help to you. @Clydesmomand @fisthardcheeseI believe are the intelligent folks in the way of procedures in Florida. Maybe they will chime in soon.

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4 hours ago, Flirtykumquat said:

The lawyer told me there are no tricks or shortcuts to getting the case dismissed unless I have actual proof that it is not my debt.

This is fairly accurate.  Getting the case dismissed requires a legal basis not just that you don't think you should have to pay it, job loss, covid etc.  Unless the SOL is expired, you are the victim of identity theft or some other legal basis getting a dismissal is not likely.  Even minor clerical errors or improper service when they exist the court will allow to be amended and fixed.

3 hours ago, alwayswinning36 said:

They will all tell you "unless you can prove it isn't your debt", and they all want to charge a pretty hefty fee ($500+ usually) to "negotiate" an agreed judgment.

I have a slightly different opinion on this one.  Many good solid NACA consumer attorneys will accept a debt case for a flat rate fee.  That fee is dependent on the size of the debt and who the players are.  "Hefty" depends on who is paying that amount.  Only the consumer can decide if the fee the attorney wants to handle it is worth the service.  What we have anecdotally seen in many jurisdictions and FL and GA are two that I have seen is that consumers who hire a lawyer get dismissals or a much better settlement than if they go it alone.  Large debt mill practices like Marcadis and Singer want the low hanging fruit not to have to expend time and energy working for it.  They also don't want other consumers knowing they can hire a lawyer to handle them and making their job harder.  They much prefer a pro-se consumer they can steam roll with the rules and scare in court.  So consumers with a lawyer often (not always) get a better deal or a dismissal when confronted with opposing counsel. 

4 hours ago, Flirtykumquat said:

He says by me filing a motion to compel ask the court to order either the opposing party or third party to take some action and he highly suggested not to do it. 

There are two thoughts on this:  one is many attorneys do not understand arbitration.  In this situation he is assuming you actually want to arbitrate and he knows a bad case in court is equally bad in arbitration.  The difference is what your goal REALLY is is that you want the court to approve the MTC so that the costs of pursuing it there are so prohibitive that eventually the JDB agrees to a mutual walk away so that you drop it.  The other possibility is he knows the Judge in your jurisdiction and how they are likely to rule on the motion. Knowing how the court will act is a huge leverage factor.

4 hours ago, Flirtykumquat said:

Should I just settle or what?

WAIT.  If/when they sue (keep an eye on the docket) wait until they actually serve you.  Then you have 20-30 days to file an answer.  In Florida if you intend to use arbitration you do NOT file an answer you file the MTC arbitration.  It is the one quirk of FL.  While you are waiting start researching the arbitration and FL threads.  You can settle at ANY time prior to a verdict being rendered by the court so do not rush to that option.  

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@ClydesmomYou don't think that a consumer can go it alone pro se in court (not arbitration)?  Is this something recent?  I personally know of cases more than 7 years ago where this was the way to go.

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On 1/1/2021 at 10:52 PM, Clydesmom said:

WAIT.  If/when they sue (keep an eye on the docket) wait until they actually serve you.  Then you have 20-30 days to file an answer.  In Florida if you intend to use arbitration you do NOT file an answer you file the MTC arbitration.  It is the one quirk of FL.  While you are waiting start researching the arbitration and FL threads.  You can settle at ANY time prior to a verdict being rendered by the court so do not rush to that option.  

@Flirtykumquatgood advice.

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1 hour ago, admin said:

@ClydesmomYou don't think that a consumer can go it alone pro se in court (not arbitration)? 

I didn't say that.  If a consumer is willing to put in the time and research to be prepared they can do better than some attorneys.  The problem is the majority are not willing to do that work.  You cannot just show up on the day of court and expect to tell a tale of woe to the court and walk away but many believe their personal circumstances are a legal defense to the default.  We all know that no matter how sad the circumstances are they are not a defense to the default.  For a debt as small as a few hundred bucks the Plaintiff may not care but when you start talking thousands and a Defense attorney is going to demand proof that a JDB doesn't have they will cave.  Another factor is if the case isn't in small claims where a pro-se gets lee way from the court for not being a lawyer but in State/District court where ALL the rules will be followed. Plaintiff's counsel will be banking on the pro-se not knowing all the rules of civil procedure and their ability to out maneuver on that basis.

To further expand on what I mean in the first post:  there are statistics out there that show about 70% of the time when a consumer hires a lawyer to represent them the Plaintiff folds and dismisses or they get a much better outcome at trial or settlement. They are willing to let that small percentage walk away in favor of the easy 95% default judgment from those who never show or answer.

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1 hour ago, Flirtykumquat said:

I have been looking at Miami Dade Clerk of Courts and almost all the cases are still open...some have a judgement and I found 3 people who did show a "closed" case they settled. 

I am so just flustered and don't know what to do

@Flirtykumquat just wait until you are served.  You have nothing to lose.

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