sued by JDB in VA

[Bulldoger]

I have been sued buy JDB (JCS IIC). I filed MTC but Judge refuse to address at initial hearing we were past 11am on 9 am court start.   

Virginia Courts deal mostly with Default Summary Judgements, if you don't appear or Dismissal if plaintiff request.  

If you show up you can state you owe plaintiff and Judge will award judgement to plaintiff or you can deny and a court date is set. Judge then sets dates for Bill of Particulars and Grounds for defense filings. 

My judge set a "hearing date"  for MTC. 

JDB sent me a settlement offer much higher than what I been settling on my other debts.  

I countered with a fair offer of 30%

will keep you all update on this thread. 

PM me if you are being sued in VA and I will send you my paper work on MTC. 

This is my first of many to come my guess is I will be sued buy MCM next as I checked documents on their website for my accounts and they have pulled all the statements and charge off letters.  

[Bulldoger]

This saga is almost over. I had conversation with attorney Thursday and he could not convince me to drop my MTC and fight in VA court. They have thought it over and have taken my first offer.  

It was an amount I consider fair considering what they had expended and what I would have to expend in time and money. 

I will pay next week, and they will dismiss with prejudice. 

Progress so far Paypal (soon to be settled), Discover, Pottery barn, Kohl's, Macy's, Chase Amazon,  settled not bad as I just started trying to settle these Charge offs in February. 

Still not settled:

I have two outstanding MCM accounts and one PRA account that have arbitration clauses.  I am waiting for SOL to pass (march, april, may of next year) or deal with lawsuit as they are filed.  I have not had any contact with these parties about these accounts. 

There is a third MCM account has my highest balance a Capital One Account it has no arbitration clause. Looking online they had all my statements and charge off letter in document folder I could access. I place this account on a long term payment plan for full amount. I just don't have time to fight in court and they were only offering 10% discount for lump sum,  it looked very much like they were going to sue as I had also gotten a pre legal UPS letter.   

Thanks for your help. I feel I can handle MCM and PRA if they file lawsuits. 

I have a Merrick Bank account just 3K not sold they have offered 48% off it has an arbitration clause in contract and SOL that expires in one year. Merrick Bank does not sell their charge offs but sends them to collection firm. locally they haven't filed any lawsuits since 2018.  In the news this year was that Ally is buying Merrick bank so I am thinking Merrick Bank may sell their charge offs to have the books cleared before merger.  Ally Bank had one suit in 2020 locally. 

I am in waiting for SOL to pass,  a better settlement offer, or debt to be sold on this account.  

Finally a TD BANK/Target Mastercard  SOL 2/2023. No arbitration clause  so far offered 50% off.  They haven't sued locally since 2013.  But may take/make an offer if MCM and PRA don't sue. 

 

[Brotherskeeper]

2 hours ago, Bulldoger said:

It was an amount I consider fair considering what they had expended and what I would have to expend in time and money. 

I will pay next week, and they will dismiss with prejudice. 

You used the arb clause and MTC to get them to agree to a lowered settlement you can live with. Well done.

Thanks very much for jumping in to help other Virginia forum members. 

[Brotherskeeper]

@Bulldoger Let me correct myself: thanks for jumping in to help forum members no matter what state they're from!

[Brotherskeeper]

19 hours ago, Bulldoger said:

I have two outstanding MCM accounts and one PRA account that have arbitration clauses. 

@Bulldoger In case you aren't aware, PRA has followed a few recent members into arbitration and paid all their respondent fees. PRA does not seem to reluctant to go all the way to a hearing. 

[Bulldoger]

5 hours ago, Brotherskeeper said:

@Bulldoger In case you aren't aware, PRA has followed a few recent members into arbitration and paid all their respondent fees. PRA does not seem to reluctant to go all the way to a hearing. 

Yes I have notice read about how they spent 17k on a 5k note and how they took Catlady22 though the whole process and hit her with their fees to boot.

It's a lottery out there, I had three PRA accounts during the 2008 recession along with other debts. My guess is there were to many debts bought that they couldn't sue all of them. I did nothing never answered phone or responded to mail.  Then the SOL passed I sent a cease and desist letter. PRA quickly sent  me 1099-Cs on the debt's "luckily" at the time I was buried in debt and had no assets so I was insolvent (maybe the reason they didn't sue) ended up not having to pay income tax on the forgiven debt.   Not going to be case this year though already up to 12K on forgive debt this year. 

With COVID-19 sure there are lots of defaulted debt that has been bought up and only a finite amount of attorneys and courts to sue on that pool of debt.  So I will wait and see if I get caught in the net or remain hidden long enough  for SOL to pass.  VA has 3 yrs on open accounts so the SOL comes quickly only 11 months to go.   

Your right if PRA sues me, I would file a MTC see if I can get a settlement before it's heard by the court. If not I would then pull it back at the 11th hour and have them prove the amount I owe  and that they legally own the debt in Virginia District Court.  That way I can use arbitration as bargaining tool to get to a settlement and avoid possibility of losing and having PRA arbitration fees and/or attorney cost awarded.

Fighting in VA courts you have nothing to lose. They can't award attorney fees and there are no court cost for defendant.   Which baffles me why so many people decide to do nothing after summons and get default judgements.  I was sued by Citibank  not debt buyer the OC. was clueless on how courts worked. In retrospective, I seriously could not have won that case against Citibank even today they keep perfect records, had affidavits by employees, same employees testifying they knew what they were doing and it was my first rodeo. That's why I have no issues settling with O.C. today.  But at least I tried and after losing I got on a short 12 month payment plan had the interest awarded dropped so I only paid the principal and after it was paid I had the judgements removed from credit reports.  So even losing I was better off than a default judgement as I got to know the attorney, I don't know if that help getting the payment plan but it didn't hurt.    

 

[FrankinVA]

Great info! I think most folks don’t know about not getting court or attorney’s fees! Have been thinking that there needs to be a better way to get this out to the public, have no idea how. 

[Bulldoger]

3 hours ago, FrankinVA said:

Great info! I think most folks don’t know about not getting court or attorney’s fees! Have been thinking that there needs to be a better way to get this out to the public, have no idea how. 

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