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1
General Credit Forum / Re: Oral MTC?
« Last post by MooKoo on Today at 06:04:45 AM »
So what is the correct answer?
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General Credit Forum / Re: Oral MTC?
« Last post by Bubbles on Today at 05:28:39 AM »
Oh brother.
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General Credit Forum / Re: Discover Filed
« Last post by Bubbles on Today at 05:27:31 AM »
There is no such thing as dismissing a suit for insufficient service of process.

You're just making things up.

Stop it.

An insufficiently served process can be quashed, but that has no effect on the SOL clock - it remains tolled.
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General Credit Forum / Re: Discover Filed
« Last post by MooKoo on Today at 05:09:53 AM »
If the motion to dismiss for insufficient service results in a DISMISSAL then the SOL clock starts back where it left off...
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General Credit Forum / Re: Oral MTC?
« Last post by MooKoo on Today at 05:08:06 AM »
What is the advantage of mailing an MTC prior to the initial hearing of the merits court date versus waiting until that hearing of the merits & then making an oral motion to compel arbitration?
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General Credit Forum / Re: Oral MTC?
« Last post by Bubbles on Today at 03:09:00 AM »
Surely you don't mean filing a motion with the court, serving plaintiff with a copy, scheduling a hearing,

and appearing to defend yourself.

Say it isn't so.

Much better to try and deprive plaintiff of due process and hope they don't get a defualt judgment against you.
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General Credit Forum / Re: Discover Filed
« Last post by Bubbles on Today at 02:38:22 AM »
Stop it already.

The SOL clock stopped when suit was filed.

Even quashing an insufficiently serviced process has no effect on the SOL clock - it remains stopped.

Furthermore, if defendant continues to avoid service, and fails to appear, a default judgment is likely.
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General Credit Forum / Re: Discover Filed
« Last post by ironfist on Yesterday at 11:34:26 PM »
In VA? You'd have to check your state's law library.

Here in MN (I know, I know, different state), service by publication is rare but it's always upheld if challenged. It's typically only done when the defendant is clearly avoiding service. However, we are a "pocket service" state, so there is that. There's probably not as much need for service via publication with our laws that way they are.

Keep in mind that process servers lie. We were improperly served by an unethical server who simply left papers tucked inside our screen door. He filed a false affidavit of course, but our lawyer said it wasn't worth it to fight since it was our word vs his. Besides, if service was quashed they were well within SOL and could just serve us again (properly this time).

Anyway, I'd be thinking about a more comprehensive strategy in case avoiding service doesn't work out this time.
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Arbitration / Re: American Express lawsuit, file arbitration?
« Last post by ironfist on Yesterday at 11:20:13 PM »
I just wanted to put a final post to my amex arbitration journey.  I received a call from somebody representing AMEX couple months ago saying that debt was owed and asking when I was going to pay it. I told them I'm not aware of any debt being owed and all decided in arbitration. That was the end of the call and never heard back. I'm guessing it was one last attempt before the 5 year mark hit from date of default.

After my appeal was closed from non payment by amex lawyer everything went silent up until this call. It was a long journey and pain in the ass but glad it's all over. Now just anxious to see that negative get dropped from my credit report at some point.

Congrats!  :drinking:

I just went back to post #1 in this thread and saw that it was from 2013... you stuck with it and kept us updated on your entire journey, beginning to end. Win or lose it would've been valuable information for the rest of the forum, but with a win it's that much sweeter (especially for you!!!).

I wonder how many cases are lost simply due to a lack of perseverance. I know my wife lost one because she didn't want to do anything about it, and as you all know, you can only do so much if you're not the defendant.
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