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Did you read what I posted?

I would do it, and SHUT UP.
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Arbitration / Re: Discover bank
« Last post by TM97 on Today at 05:02:31 PM »
I am a total newbie so all I can think to ask you is are you doing the expedited or comprehensive arbitration?  If it is comprehensive, you shouldn't be rushed like this. 

I would ask why this is not being discussed in the actual preliminary call itself? 
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Arbitration / Re: Summons in AZ by LVNV Funding & Guglielmo for Credit One
« Last post by TM97 on Today at 04:59:46 PM »
Speculation is a fun game to play but far from rewarding.

What you may be looking at is the cumulative effect of playing a harder game of ball than they had anticipated.  Your research should have twigged you to the fact that they are after the low-hanging fruit.

Indeed that is what I have read repeatedly, and thus my question about having any leverage.  Would it then be prudent to write them stating I will accept a Dismissal with Prejudice (which I assume is a basically a mutual walk away) or otherwise I will see them in JAMS arbitration?  Or would it be more prudent to accept the Dismissal without Prejudice, file the JAMS arbitration demand, and then wait?   
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Arbitration / Re: Discover bank
« Last post by Gooberian00 on Today at 04:57:56 PM »
Thank so much TM, your post about how you prepared was a great help.

About the abnormal part of talking to Discover's counsel, this is the part of the letter I was emailed by the arbitrator:


Quote
I encourage you to confer with each other before the preliminary conference call to try to reach
agreement on as many items as possible, including those that involve scheduling. On the topic of
scheduling, one of my main goals for this preliminary hearing will be to schedule the date or
dates for the final evidentiary hearing. I find that having those dates in place keeps the process
moving. To that end, please try and confer with each other about dates when you and/or your
client will be available for the evidentiary hearing and please have more than one alternative so
we can compare those dates with my schedule.


It looks like the arbitrator is really trying to speed things up, maybe that helps them turn over more cases as quickly as possible.
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TCPA / Re: Question: Who do I list as defendant in TCPA petition?
« Last post by CleaningUp on Today at 04:43:36 PM »
How they represent themselves; e,g, as XYZ, Inc. DBA ABC Marketing is irrelevant.

Once the "Inc." is attached to the name, they are a corporation and a single legal entity.

And, for those that are confused about corporations being treated as "persons" under the law, that view is the legal acrobatic on which you are entitled to sue them.  The law has to have some mechanism on which to base the resolution of legal disputes with corporations or partnerships.
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There's also a chance that this wave of litigation bankrupts EQ.



Don't discount their errors-and-ommissions insurance.  Given their exposure, I would guess that they pay a pretty penny for substantial coverage.
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Speculation is a fun game to play but far from rewarding.

What you may be looking at is the cumulative effect of playing a harder game of ball than they had anticipated.  Your research should have twigged you to the fact that they are after the low-hanging fruit.

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Arbitration / Re: Summons in AZ by LVNV Funding & Guglielmo for Credit One
« Last post by TM97 on Today at 04:15:11 PM »
While I appreciate the reply, you are confusing this case which was filed correctly and the MTC was denied with the other LVNV/Guglielmo which was filed in the wrong jcourt.  I have already filed a AAA complaint on the wrong jurisdiction one in preparation of them suing me in the correct court. 

I have a JAMS complaint ready to go out today.  I understand the cost outlay, and I must still consider them given the number of suits and the saving up for an attorney for the BK of my partner.  The court ordered mediation was continued until mid October.  Given the actual facts of the case, can you speculate as to why the attorney would seek a dismissal now given you believe the reconsideration will go nowhere and the MTC was denied?   I asked if LVNV would sell the account, not the lawyer.  Why would the lawyer ask for dismissal of this case now?  I have researched, and I have not found answer.

They can refile but it would be in the same court they are now asking for a dismissal from.  I asked about leverage given that leverage is constantly discussed here with regards to dealing with JDB's, arbitration, the costs for these JDB's to collect, and these types of law firms.  If I have any type of leverage in this case (not the other), I was asking those with more experience if filing with JAMS was it. 

It would seem strategic to at least try to get them to agree to a dismissal with prejudice.  Educate me on this if I am wrong.     
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The reconsideration is going nowhere, and you have NO leverage for a dismissal with prejudice.  Stop looking for "special sauce" and start doing your own research on these matters and then doing some serious thinking about what you can and cannot do, what you should and should not do, what you will and will not do, and what you can and cannot do to protect yourself going forward.

I would take the stipulation of dismissal w/o prejudice, and file the JAMS or AAA case before they get it back to court on you.  It's a low-cost safety play that sets you up for a successful defense in the future.  Sometimes you have to spend some money to prevent you from having to spend a whole lot more.  They are giving you the time to build and buy some leverage if and when they sue you again...And it is very likely that they WILL sue again, this time in the correct court.  Use the time to your advantage.

Also, by this time in the process you should have learned that law firms rarely purchase the accounts they are collecting on, they are HIRED to do so by the creditor.  Why should the law firm buy your debt, even at a JDB discount, when they can make as much money having someone come hire them without the down-side of having to shell out a couple of hundred grand to buy a portfolio of bad debts?

It's your constant search for "special sauce" that is preventing you from understanding how things work and from understanding the strategies that you need to employ to be successful on your own.


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voip phone,which is home phone
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