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legaleagle2012

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  1. See my pinned topic on arbitration. With startup fees of $4700 and the 1st hearing at $1500 per hour, they will be in the red before they start. They won't do it.
  2. You don't need a a reason other than the fact that THEIR contract says you can elect arbitration in lieu of using court.
  3. There is no set method for dealing with collectors. However, arbitration will get rid of any junk debt buyers 98% of the time. (Midland is one) Some original creditors will arbitrate, some won't. There is no pattern to it. The startup fees for them are in the 5K range, yours is capped at 200 for AAA and 250 for JAMS. They cannot recoup those fees from you if they win, so it's a financial waste of time to arbitrate small amounts. Once you file for arbitration, they cannot sue without breaching their own contract. Do it BEFORE they sue and save yourself a lot of hassle with the court.
  4. (5) any other reason justifying relief from the judgment.
  5. Wasn't that the old Household Finance Co. redone? They sold all their credit card accounts to Chase or Cap One years ago.
  6. Electing is taken as an empty threat and a stalling tactic. Start a case. If they can't find the file that's their problem. The original creditor cannot and will not talk to you.
  7. Ruscorp is correct. You have to do more than "elect" arbitration. Go to the website of whatever company they specify and open a case. Arb usually does run off junk debt buyers because of the cost, but if this is near 100K they may take you up on it. If you are a good litigator you can make them burn through 100K in arb quickly. Those hearings cost $1500 per hour, and you can request them endlessly for every issue. One of our members made Citibank spend 1.2 million chasing 20K. They finally gave up, and the law firm they hired closed their doors.
  8. Yes. Go to the AAA site and start a case. It takes maybe ten minutes. You have to pay the $200 fee. Print out a couple of copies and send one to PRA. You can use any reason you like. It really doesn't matter because PRA will NOT arbitrate 99% of the time. The startup fee and one hearing comes to $6200 and they cannot get it back from you. When they refuse, (takes 2-3 months) AAA will close the case, then you hit PRA with a motion to compel arbitration in federal court. That's usually when they pay you to go away and stop torturing them.
  9. A part time job that nets you a grand a month would have you out of debt in a year and a half. Any possibility of that?
  10. They were sending statement to the wrong email I would argue that this bill is the result of their own errors and omissions. All you have to do is prove they had or should have had the correct email. What state is this?
  11. JH Portfolio is a junk debt buyer. Check your CR, the OC should be reporting a zero balance and it should say it was sold. Upper five figures, huh? How upper? What state? Who was the original lender?
  12. Get the court file and see what return of service says. If you weren't properly served, file a motion to vacate the judgment. It might help if you told us what state.
  13. Is the CA asking you to pay your wife's credit car debt? Unless you live in a community property state, that sounds like an FDCPA violation, depending on what the letter says. Try telling us where you live.
  14. The time to defend against the debt was when you were sued. If the debt wasn't yours, you should have raised that as a defense. If you were not served properly, you can use that in arbitration or use the court to try to overturn the judgment. You need a VALID defense, and so far it doesn't sound like you have one.

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