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Arbitration / Re: Arbitration Capital One
« Last post by Kitten on Today at 02:15:32 PM »
Read Form 982.
https://www.irs.gov/pub/irs-pdf/f982.pdf
Basically, if discharge of indebtedness is due to bankruptcy proceeding it's not taxable. They won't even send you a 1099-C for it.

If you do get an unnecessary 1099-C, just attach a 982 to your tax return with Box 1a checked.

If you just wait it out (might take a long time if you already have 2 judgments and you're getting another one in 2018) and you're insolvent in the year the 1099-C is issued for, use Form 982 to report your insolvency.

If I were you, I'd just file a Pro-Se bankruptcy and get it over with. Nobody with half a brain is going to demand an adversary proceeding in a no-asset Chapter 7 case, and if some idiot does, the judge will probably get you pro bono legal help. I got one of the top corporate BK attorneys in my area for free that way.
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Arbitration / Re: Arbitration Capital One
« Last post by FTC on Today at 09:25:24 AM »
Well, that certainly  explains it. :)

My  situation: 25K judgement 5 years ago, $980 judgement recently, being sued now for $2700. I was just going to let it go to default judgement as another 3K wouldn't make that much more difference as I likely will eventually have to BK, and am currently collection proof. Then I read about arbitration here and also how it is very difficult to win against the original creditor. My only reason for thinking about fighting it is that as I understand it if I BK I will have to pay taxes on that extra 3K, although I have read that there may be an exception for people like me with no assets. I assume a big bank like Capital One will have professional lawyers who have all their i's dotted and t's crossed, so could there be any other benefit of fighting this $2700 suit?
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Arbitration / Re: Arbitration Capital One
« Last post by Clydesmom66 on Today at 08:42:35 AM »
I'm considering going the arbitration route, as I've read that the DC route is mostly an open and shut win for them, however the copy of the contract that they sent me with the summons says nothing whatsoever about arbitration being an option. The original would have been from 2015. Is it possible they left off the page about arbitration? If so, how would I go about finding out if I have the right to arbitration?

It isn't missing from your copy.  Cap1 removed arbitration as an option from their card agreements in 2010. It isn't an option for you in this suit.  You will have to litigate the case, settle or file BK if you are eligible for that.
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Arbitration / Arbitration Capital One
« Last post by FTC on Today at 08:25:19 AM »
Recently I received a summons from Capital one bank for $2700 that they allege I owe from an attorney representing Capital One Bank. It is from a district court here in Michigan. I'm considering going the arbitration route, as I've read that the DC route is mostly an open and shut win for them, however the copy of the contract that they sent me with the summons says nothing whatsoever about arbitration being an option. The original would have been from 2015. Is it possible they left off the page about arbitration? If so, how would I go about finding out if I have the right to arbitration?
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That's why you give the attorneys a few days to correct the error.

Give them the police report, and give them 3 business days to dismiss the case.

If they don't, sue them under the FDCPA.

They knew. They didn't dismiss. They can't claim error.

I disagree. Sue them first, then give them a chance to defend themselves in Court. FDCPA is a "strict liability" statute - meaning a violation is a violation. It's not a matter of when you go through a STOP sign and the cop pulls you over, they allow you to back up through the Stop Sign, pull up to it again and stop, and then proceed and you did a "re-do and the violation goes away. Once the violation occurs, it is there. As the Law School maxim goes, "you can't put the fart back into the elephant".
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Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by TM97 on Yesterday at 06:04:44 PM »
JAMS may cover arbitration for both tort and contract issues, but FCRA/FDCPA and TCPA all specifically assign original jurisdiction to the COURTS.

I understand this better now.  We meet with a consumer lawyer Monday to discuss whether she has a violation case strong enough to sue Gurstel in Federal Court. 

We will move forward for now with the tort issues as the arbitrator has accepted them.  During the pre-conference call, the arbitrator discussed the initial complaint and asked what the formal complaint would allege.  She replied in general terms that it would included these violations and contract dispute.  The arbitrator accepted that and gave her the two week time frame to submit it.  Gurstel at the time did not object but have done so now in the MTD.     
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Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by Flyingifr on Yesterday at 05:27:49 PM »
Does not JAMS cover arbitration for both tort and contract issues?  If not, then why are we advised when filing initial claims to mention FDCPA, FCRA, etc. violations on the demand?  And if they accept the case for arbitration, then doesn't that mean then that arbitration of those tort claims is permissible and therefore Gurstel can not be released from being included on them? 

If it is just the contract, then does that mean that we may or may not get lucky on the FDCPA violations, but if not, then the focus now is solely on using Discovery and depositions to dispute the breach of contract hopefully running up costs such that Discover/Gurstel offers a settlement or we are able to file BK?

JAMS may cover arbitration for both tort and contract issues, but FCRA/FDCPA and TCPA all specifically assign original jurisdiction to the COURTS.
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Otherwise, why would he never have received a billing statement?

Paperless billing?
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Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by TM97 on Yesterday at 04:38:23 PM »
I am starting work on these responses and have a couple of pragmatic questions to ask.  In general, is a Response to this Response done like an Answer, where numbered statements are either accepted or denied and reason is given?   

1) In the Introduction, she brought complaints concerning FDCPA, FCRA, contract dispute, etc. against Discover, Gurstel, and the attorneys on the suit.  Gurstel responded with a statement that no allegations against these answering Respondents were made, so they are denied.  One of the lawyers no longer works for Gurstel but the other three are.  The actual Response and CounterClaim from them includes a new set of lawyers and not the original ones.  Is this an intimidation tactic?  How is it best to respond?  That she simply reiterates the claims against Discover, Gurstel, and these agents? 

2) With regards to their Affirmative Defenses, the first says that Claimant failed to state a claim for relief that could be granted.  She did with a monetary amount.  So how is this answered?  The second defense mentions offsetting the award with the amount alleged do.  I presume it is safe to agree to that?  The next several have to do with them denying they should be brought into arbitration.  I got information from y'all on how to argue this.  Whether it will be successful or not remains to be seen.  On the FDCPA, FCRA, and TCPA, is it acceptable to reaffirm the claim and demand Discovery for proof of their denial? 

3) The counterclaim includes the statement that Counter-Claimant is real party in interest in entitle to alleged debt and I will respond that it is still in dispute and must be proven.  The second one is an attempt to state that the Comprehensive Rules entitle the prevailing party of award of all costs.  However, the Consumer Minimum Rules state that if a consumer initiates the JAMS arbitration, they are limited to $250.00 only.  Am I correct that they accepted the Consumer Minimum Rules which over-ride the Comprehensive?  Is there another argument that needs to be made on this? 

4) The last portion is the restatement from the suit of the alleged debt and relief, and we will do as we did in the answer with the added statement that all of this needs proven in Discovery and in the formal hearing. 

The Motion to Dismiss is all about them being out of the arbitration, and I have that ready to go as discussed over the last day or so. 

Thanks for the input.   
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Arbitration / Re: Arb with Major Bank
« Last post by freedy on Yesterday at 11:28:14 AM »
Does anyone know , or offer what bank will go all the way with Arb.

Pay the fees, etc

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