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legaleagle2012

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Everything posted by legaleagle2012

  1. https://www.justia.com/lawyers/consumer-law/maryland/baltimore What was the due date for your monthly payment? That should govern the default date. It strikes me as odd that they filed on the 27th; credit card payments are usually due at the beginning of the month. It's on the statement. MD applies its own SOL. Regardless of conflict of laws, the Maryland statute of limitations is considered a “procedural” rule “for choice-of-law purposes,” and “[p]rocedural matters…are always governed by the law of the forum.” Lewis v. Waletzky, 422 Md. 647, 657-58, 31 A.3d 123, 129-30 (2011); Doughty v. Prettyman, 219 Md. 83, 88, 148 A.2d 438, 440 (1959)( “[i]ncluded in the procedural matters governed by the law of this state is the statute of limitations.”).
  2. https://www.justia.com/lawyers/consumer-law/maryland/baltimore What was the due date for your monthly payment? That should govern the default date. It strikes me as odd that they filed on the 27th; credit card payments are usually due at the beginning of the month.
  3. Under Maryland law, the statute of limitation on credit card debt collection is 3 years. The creditor must file a lawsuit against you in court to enforce the debt within 3 years, or they will lose the legal right to enforce that debt against you in court. For credit cards, the 3-year period begins to run on the date the debt is “incurred.” Md. Code Ann., Cts. & Jud. Proc. § 5-101. I'd file a motion to dismiss because the SOL passed in 2022. I would also sue them for an FDCPA violation, attempting to collect a stale debt. You did not reset the SOL unless you made a payment, and settlement negotiations are inadmissible in court.
  4. LVNV is part of a conglomerate called the Sherman Group. It consists of Credit One Bank, Resurgent Capital, and LVNV, which is a debt buyer; if the original creditor was Citibank, the contract probably has arbitration. 12K is a lot of money, they might take you up on it, but you never know until you try. Read the Arbitration thread. What state do you live in? When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) This is very important, they often wait too long to file suit. No wild guesses please, that does not help.
  5. Synch has arbitration, and it's very expensive. They have to pay for it other than your $200 fee. Spending 4-5K just to start the case usually wakes them up. You didn't say if or how the dryer worked after the repair; they usually turn the thing on and test it before they leave. It sounds like you don't have the dryer anymore to be evaluated. That wekens your case.
  6. My bad, I must have confused you with someone else. NJ also allows use of VA's SOL. No borrowing statute, but NJ recognizes foreign SOL as if they had one. Supreme Court decision in Heavner v. Uniroyal applies. Judge Mayer cited to the New Jersey Supreme Court’s decision in Heavner v. Uniroyal, Inc., which held that New Jersey “borrows” the limitations period from another state where the substantive law of that state applies. VA has a 5 year SOL for signed written contracts, 3 years for unsigned written contracts. Most legal sites say they use the 5 year SOL for credit cards. That won't help unless they don't sue you until 2024.
  7. That would be better. Since the collector is not a signatory ro the contract you are invoking, arb does not apply to them. What does the tradeline say?
  8. You need to read Trina. That is a governing 2nd Circuit decision. Your third circuit decision is not binding. They may invoke it if they arbitrate, which will mean the collection agency may be dismissed from the case. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.cahill.com/publications/firm-memoranda/2020-04-22-second-circuit-invokes-standard-contract-provisions-to-limit-the-use-of-agency-and-estoppel-to-bind-non-signatories-to-arbitration/_res/id=Attachments/index=0/Second%20Circuit%20Invokes%20Standard%20Contract%20Provisions%20to%20Limit%20the%20Use%20of%20Agency%20and%20Estoppel%20to%20Bind%20Non-Signatories%20to%20Arbitration.pdf They will probably offer to refund the fees and delete rather than pay for arbitration, but you never know. They may decide to make an example out of you for invoking agency as to the debt collector when the 2nd Circuit has made it clear that it is not allowed.
  9. CT is six years, no borrowing statute. What is the date of default? They don't usually sell accounts right away. This puts this in an area where the SOL could be a factor, it could go back to 2017.
  10. Depends on what they are reporting; that determines if you have a viable case. All the statute requires is accuracy.
  11. SOL on that one will be 6 years in NY since it doesn't appear to be a store card. Doesn't appear to have arbitration in the agreement. However, their mailing addy is VA which has a 4 year SOL. So try this: NEW YORK N.Y. CVP. LAW § 202 : NY Code - Section 202: Cause of action accruing without the state - An action based upon a cause of action accruing without the state cannot be commenced after the expiration of the time limited by the laws of either the state or the place without the state where the cause of action accrued, except that where the cause of action accrued in favor of a resident of the state the time limited by the laws of the state shall apply. Portfolio Recovery v. King
  12. NY is also 4 years for store cards. https://www.nycourts.gov/courts/nyc/civil/consumercredit.shtml See paragraph 11
  13. It begins on the date of the last payment. By what you posted, it expires in ten days. They can file any time they want regardless of DV, which is a waste of time anyway. Crown appears to be a debt buyer; (verify that) filing for private arbitration through the credit card agreement should make them go away. Just the startup fees for them are more than the debt, and they cannot recover them. You have to file BEFORE they sue because the Citi card prohibits arb in small claims cases, which this appears to be if they sue. Do it quickly or you will lose the opportunity.
  14. Debt validation has nothing to do with the FCRA. Credit reporting is not considered collections in your circuit as far as I know, (fifth) so the FDCPA is not in issue. Neither is the FCRA as long as what they are reporting is accurate . Unless they actually attempt collection, you have no FDCPA case. May as well let it fall off rather than wasting a lot of time on this.
  15. How so? I did not say she should continue to use the account, just that she bears no legal liability for previous charges her husband allowed her to make; others already told her that continued usage is a no no. Admitting prior use would just invite a lawsuit. It's their obligation to figure out how to collect, not hers. Only factor not considered here is if she lives in a community property state. That could possibly affect the outcome. A half hour with a probate atty would fix this.
  16. Technically, if you are not on the account, you have no liability and should not admit to them that you used the account. That decision was between you and your husband. If he left an estate they can file a claim against, that's what they will have to do. Usually there is a time limit (30 days is about right) in which they can file a claim.
  17. Kev better watch himself. He is having some kind of beef with Taylor Sheridan and likely will not complete season five of Yellowstone. That is the most popular show on TV, and fans will NOT like it if he kills the show just because he wants more money. That means no el-watcho his next project. They've been running 1883 instead. He really doesn't do much on the show anyway, if I was the producer I'd write him out of the show and turn the ranch over to Beth and Rip. Most of the plot lines revolve around them anyway. Kev should retire and get his voice fixed.
  18. This will give you an idea about how to puruse this. If you have a Pacer account you can view all the documents for the case. chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.govinfo.gov/content/pkg/USCOURTS-ilnd-1_12-cv-07328/pdf/USCOURTS-ilnd-1_12-cv-07328-0.pdf
  19. The last 2 definitely are, haven't heard of the first three. Probably are, just Google them.
  20. Depends on what they mean by "proper." Also, that other EBR thing you quoted only applies to faxes, not emails or texts.
  21. Does it prohibit arb for small claims court? Some agreements do. If so, you have to file before they file suit.
  22. Forget all this garbage, look at the agreement and see if it has private arbitration. If it does, check back with us. Midland will NOT arbitrate for $500 because the fees they have to pay are ten times that and they cannot get them back.
  23. That statute you cited is for worker's comp, I doubt it applies to your situation. This one might help. https://codes.findlaw.com/ca/insurance-code/ins-sect-10133-66/#:~:text=(a) Deadlines shall not be,providers after the date of A health insurer that denies a claim because it was filed beyond the claim filing deadline shall, upon provider's demonstration of good cause for the delay, accept and adjudicate the claim according to Section 10123.13 or 10123.147, whichever is applicable.
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