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Arbitration / Re: JAMS Appeal
« Last post by kevinmanheim on Today at 09:01:19 AM »
I have asked Discover's attorneys  a few times if their client is interested in settling, I get no response.

I would not ask again. It makes you look desperate.

I would remain silent unless there is some legal action I needed to take, or until Discover approached me about settling.

This could take a while. Be patient.
One count is for breach of contract.

A MTD could be directed at that count.

But an account stated is also based on the same contract.

Regardless of attacking one or both counts, the idea isn't so much to get the MTD granted, but to force plaintiff to produce alleged contract without defendant resorting to discovery.

Frankly, if I were to try my hand at arbitration in this case, I would wait to be served, wait until 3 days before deadline to respond, and file my MTC. I would use any reasonable version of the AmEx contract. If plaintiff didn't like the contract, they could produce what they allege is the right one.


 If I were plaintiff I would serve you with an MSJ ASAP consistent with NY civil procedure.


There is a type of bore who argues continuously about whatever is being discussed.

Don't fall for it!

There is almost always some kind of risk or downside to anything you do in a lawsuit.

The important thing is not to be frozen into inaction. //

Alright so really what can I use for a dispute? Keeping in mind that I was enrolled in National Debt relief and they did nothing with this account. I canceled my enrollment and two months later I was served papers.
Arbitration / Re: Arbitration Capital One
« Last post by 11181986 on Today at 12:08:30 AM »
Kitten is correct, you do not have to worry about cancellation of debt income if you file chapter 7 as it is specifically excluded under IRC 108(a)(1)(A).
FDCPA / FCRA and FCBA / Re: Statewide Collections (I Think)
« Last post by CleaningUp on Yesterday at 11:55:15 PM »
Good for you.  You went the extra mile and now are somewhat assured that there's no problem.

I'd file a police report, too, since spoofing a number is now illegal.  Nothing's going to happen until the DA has a raft of complaints on file, but the more the merrier as they say.

They're not really going to get caught because they close up and move quickly if they sense that someone is on their trail...and they do so even when it is not when the well that they are drawing from goes dry.
TCPA / Re: Possible tcpa case?
« Last post by CleaningUp on Yesterday at 11:51:27 PM »
If OP is overwhelmed now, even a not-so-bright attorney will chew him up.

Not everybody is cut out for the litigation game, and it is the smart person that understands that...A who hires himself as a lawyer has a fool for a client, and the adage is often true.  [i}Pro se[/i]ers often realize this point too late.

It takes preparation, concentration, logic, and good presentation skills to make a civil case stick, and especially in TCPA cases, where one has to educate the judge, the point is often proven.

It is a mistake to see the dollar signs before the court or the jury has awarded you the win.  And it is even a bigger mistake to start spending the proceeds before the check has cleared the bank.
Then, in all likelihood, it isn't.

FDCPA / FCRA and FCBA / Re: Statewide Collections (I Think)
« Last post by jojo68 on Yesterday at 11:28:34 PM »
I thought that everything was suspicious at first, then when the other poster said it was a legit place and I looked it up I got worried. Then common sense set in and I realized that process servers would never tell you to call a number to prevent them from serving you. They wouldn't need to call in the first place, they would have all the info on you. 
I reported this activity to the FTC and I noticed another person posted in the blog section that the same thing happened to them (maybe even worse) from this same bunch identifying themselves as Statewide..Statewide called 911 using a spoofed number of the person they were harassing and hung up so the sheriff's department called this person back asking why they had called 911..crazy!
I checked with the my county and there have been no papers filed. I also called the office of the process server called Statewide and they have no record of anything with my name on it and that none of the numbers that I have from the calls this morning belong to them.
FDCPA / FCRA and FCBA / Re: Statewide Collections (I Think)
« Last post by CleaningUp on Yesterday at 11:11:27 PM »
The OP should ask go a couple of steps further before labeling it a scam...

And it is not unheard of for a process server to contact someone to arrange for service.  It is also not unheard of for them to contact, nor is it illegal, to contact known relatives to attempt to skip-trace individuals that are trying to fly under the radar

I would not dismiss them out of hand.  But, I would agree with Clydesdale's assessment if they ask for payment over the phone that it is highly suspect.

OP would be well advised to look up on her jurisdiction's on-line court access to see if a complaint actually has been filed before going too much further.

If there is nothing there, ask them to go buy a flat and heavy metal plate and find some sand to pound.
TCPA / Re: Possible tcpa case?
« Last post by Clydesmom66 on Yesterday at 10:22:32 PM »
I want to file my case pro se.
This is all very new to me so it is a tad overwhelming. Advice? As I have never filed a lawsuit in my life.

Yes, hire a lawyer to do this for you if you are over whelmed now you will get steam rolled in court.  Especially if they are really smart and have your entire case removed to Federal Court based on your claim of FDCPA violations. 
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