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 :woohoo:  The judge just granted my MTC!! And as an added bonus, the smug 12 year old Kohn lawyer got his butt handed to him.  The judge used the arguments I'd presented as rebuttals to the ones Kohn used in their Brief opposing my MTC.  And I was beyond proud when he asked me if I'd ever attended law school and told me that I was "the most erudite pro se defendant" he'd ever presided over.   That compliment, my fellow debtorboarders, is to be shared by all of you. There is no way, by myself, that this outcome could have occurred.

The judge did ask me why I wanted to elect arbitration. I was prepared for that question only because it was raised as a likely possibility in threads on this board. I explained that I wanted to present my case in a more comfortable, informal setting and that I'd identified several violations of the Wisconsin Consumer Act and the FDCPA to be addressed. 

I cannot thank you all enough for your willingness to take the time to share your experience and wisdom. ❤️❤️

And of course, I have yet another question:

What is the timeline for Midland to pay (or refuse to pay) the JAMS fees?
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General Credit Forum / Re: discover Settlment from judgment
« Last post by Bubbles on Today at 03:01:07 AM »
Let's say the big OCs really are that efficient:

I wonder if that knowledge could be used to assist in negotiation.

Say out of the blue you offer to settle for 50%.

They reject offer and counter with 80%, then clam up.

I can see that clamming up buys them leverage in the sense of walking away from the table.

But also, maybe that would be a red flag that they're taking the time to search for new assets.

So what is the time scale for a "Discover" to do its asset search?

In the case of a debtor that has no new assets, that might be a good time scale to wait before making a second offer.

 
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TCPA / Re: Kohn TCPA Defense Claim
« Last post by CleaningUp on Today at 01:49:30 AM »
And the defendants went after THE WRONG EVIDENCE.

If I were doing discovery, I would request the make, model and serial number of their telephone system.  Research would show what that system is "capable"...statutory language...of doing.

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General Credit Forum / Re: discover Settlment from judgment
« Last post by CleaningUp on Today at 01:47:12 AM »
The minute you open the door to negotiating with Discovery, they'll know about your SBA loan applications...Count on it.  They aren't dumb.

And, yes...they care...If the funds make it into your bank account, they're fair game.
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State Laws / Re: What state laws would you enact?
« Last post by CleaningUp on Today at 01:44:29 AM »
I'd like to remind Broke Bob that Ralph Nader got 2.4% of the vote when he ran for president.  A respectable showing for a fringe candidate but hardly an endorsement of confidence in his agenda.

He was far better and far more successful in the courtroom...  But I still liked the Corvair.
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Discovery / Re: Minnesota - Counter suit against Messerli & Kramer
« Last post by CleaningUp on Today at 01:40:35 AM »
You really don't need to spend anything more than the money of the CMRRR.  It is a legally self-authenticating document.  You get the green card back...they received it.  PERIOD. 

Don't waste your money...

As for there being no way that Midland will pay the minimum for arbitration?  That's been our anecdotal history here...BUT...

Companies like OCs and JDB do illogical thins all the time.  You'll find out soon enough whether or not they will follow you into Arg.  Don't make assumptions about what they may or may not do.

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Discovery / Re: Minnesota - Counter suit against Messerli & Kramer
« Last post by MinnesotaMike on Today at 12:52:58 AM »
Thanks for the responses, and my apologies for not replying sooner.  I have been in touch with a member of this forum who has given me some good info about her MTC arbitration in her own case and after researching it, and reading your replies, I think I will go ahead and file an arbitration request.  I have a copy of the Synchrony/Amazon agreement that clearly outlines the arbitration agreement, so I'll take that to court with me along with the JAMS filing, and proof of serving on the plaintiff.  I'm not even going to trust a CRRR for that as proof--I will pay a process server to serve the notice on them.  Because it is a conciliatory court/small claims issue, I think the arbitration would be my best bet because I really don't know what they are working with unless I subpoena them for what they plan to use in court.  In Minnesota that requires an attorney and for the amount we are talking about in this case, it is not worth paying an attorney.  I'd rather spend a hundred or two out of my own pocket to get them off of my back.  The rational side of me says that there is no way Midland will pay the minimum $1700 for arbitration to collect on a $1200 debt, but the practical side of me knows that it would be my luck that they would probably use me as an example to set for others who try the same thing.  And it's Hennepin County, Minnesota--more of my luck is that the attorneys at M&K are probably good friends with all of the judges in conciliatory court judging by how things play out in the courts in this area...  Just being cynical.  Hopefully that's not true, but it sure does seem like a "good ole boy" system we've got.
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Arbitration / Re: Discover bank
« Last post by Gooberian00 on Today at 12:36:59 AM »
I sent them a PDF of the original Demand for Arbitration that I sent to JAMS.  They also have my email that I had shared with JAMS now.  Should I have left email off my JAMS arbitration and insisted communication be through regular mail?  Or is that not really a pro or a con?
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TCPA / Re: Huge Blow to Consumers in 2nd Circuit
« Last post by CleaningUp on Today at 12:03:04 AM »
I think that there is another angle that should be explored in this discussion...

The right to consent, and the right to withhold consent,is a right, and the right to withhold consent, that is guaranteed by our Constitution and our body of contract law.  Doesn't it also follow that since that right is guaranteed, the right to withhold or withdraw consent so granted may not be not be taken away by contract?

Haven't the courts continually denied the makers of contract's efforts to disallow the rights given by statutes?

This might be a more fruitful argument to take against the

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 ...if they see a good faith effort to pay them the money, they will usually accept that....
 


OP has already demonstrated what his commitment to "good faith" is.  And, the longer he waits to pay this off the less likely they are to go easy on him.

OP is in a box of his own making.
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