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cancellation of debt income appears to have not been altered in either the house or senate bill - and early word is that it has not changed under reconciliation either.
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I am wondering if I should offer to settle before the end of this year, or just let it fall off the credit reports, and wait for the 1099C under the new tax laws.   Will there even be a 1099C under the new code?

Thanks
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TCPA / Re: Interesting Robo-call
« Last post by 11181986 on Today at 08:24:23 PM »
Federal, State and Local governments are exempt from the TCPA. Will not be able to successfully sue anyone.
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TCPA / Interesting Robo-call
« Last post by Flyingifr on Today at 07:46:14 PM »
Mrs Flyingifr just got a robo-call. Her number as well as mine are on the Do Not Call Registry. We want to file a complaint about the offending party. Who do you sue when the call-back number is the County Sheriff?
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Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by TM97 on Today at 06:19:21 PM »
They can go to court to confirm the award.

If they do that, point out to the judge that they refused the appeal, which is part of the JAMS process.

I don't know what court they would use to try to get the award.  Wait and see.  If they are refusing the appeal process, they are giving you ammunition.

If the case is dismissed, they would have to refile or reopen it right in the court to confirm the award? 

We are not even yet to the in person hearing but if there is a need for appeal, she will do it.  And if they refuse, we will address that immediately with the court if and when they take it back to the court. 
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Because how would one know that the arbitrator would allow the other side to create their own schedule regardless of what the arbitrator ordered on the initial conference call when the arbitration selection was made?  It's not like JAMS puts notes in the arbitrator's bio that says they tend to give great leniency to a company over consumers.  Therefore, this information was not previously available.  And if someone suspects the arbitrator is not able to remain bias, they are absolutely within their rights to request that the arbitrator be removed and a new arbitrator selected.

I guess JAMS could agree with you, but I think it's kind of ridiculous but I'm not sure that's the kind of "disclosure" to which the rule refers.  The cases I've read in which that rule was applied had to do with corruption or an arbitrator's relationship or connection to one of the parties.   How do you know the arbitrator wouldn't have allowed the defendant to do the same thing that he allowed the plaintiff to do? 

In courts, judges are allowed a certain amount of discretion.  Discovery rules may require responses be provided to requests within 30 days, but the a judge can extend that time.   
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I just got a copy of the verdict it states the arbitrators found in favor of ME, against PRA in the amount of $0.  What is the difference between this (referred to as an Award) vs. the case being dismissed?

This is WAY better because essentially the court has ruled you do not owe this debt.  A dismissal would mean that if it was without prejudice PRA could refile the case.  They cannot refile they lost.  Their only option is appeal.

What are the chances they will appeal?

Slim.  Probably none.

If they don't appeal - do I need to do anything else?  What would I do about getting this removed from my credit reports?

I would wait 30 days past the time frame for them to appeal and make sure it is solidified they aren't going to try again on appeal.  Once that happens you send a copy of the decision to the bureaus demanding deletion as the court has ruled you do not owe the debt.  That should get it removed. 
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Arbitration / Re: Summons by Gurstel in Arizona Asking for Assistance
« Last post by BrokeBob on Today at 12:47:39 PM »
They can go to court to confirm the award.

If they do that, point out to the judge that they refused the appeal, which is part of the JAMS process.

I don't know what court they would use to try to get the award.  Wait and see.  If they are refusing the appeal process, they are giving you ammunition. 
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Do you know how I might be able to find an FDCPA attorney? I've found attorneys who seem to do everything but debtor's defense, and FDCPA searches bring up a lot of out-of-state advertisements. I might just be looking in the wrong places, but it feels like a wasteland here.

As far as getting an attorney to defend myself, it might not be worth it. The suit is less than $1000, so I'd be better off paying. I'm more worried about the damage it would do to my credit. I'd never fully recover.

It's definitely within the SOL, which is six years in Tennessee.

Did you google FDCPA + [your state] ?  That is a pretty easy way to find some attorneys in your state.

Like I said, if an attorney agrees that they are pretending to be the OC to sue you, then it is very likely they won't charge you anything to defend you and you may even end up getting paid yourself.
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I would google it a bit more, if I were you.  It depends on what your claims are about, but Equifax, Inc will likely respond to your lawsuit by saying you sued the wrong entity and ask for a dismissal of your suit.

Equifax Information Services gathers all the data on you.  They hold all the information.  They give that information to Equifax Consumer Services when you request a credit report, who then prints that information and delivers it to you.

They handle your information like a hot potato between different distinct companies in order to play a shell game like this and hide from accountability.  If you are in doubt, I would look up cases in your district with the same claims you are bringing against them and see who is named in those lawsuits.
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