That is your opinion and worth the weight of wet toilet paper. The courts have not ruled specifically that suing after a consumer sends a letter stating they want to arbitrate is an FDCPA violation.
We have explained this to you multiple times but you fail to grasp the law. NOTHING in OHIO law applies to the OP in New Jersey. You cannot take something one state has ruled on and apply it in another state. They are separate issues.
You also over look that the arbitration clause has a carve out for small claims so even if the consumer elects it so long as the case is in small claims and stays there they are not entitled to arbitration as an option.
You stopped quoting at the section that does apply to your case:
"Claims Not Covered: Claims (whether brought initially or by counter or cross-claim) are not subject to arbitration if they are filed by you or us in a small claims court, so long as the case remains in such court and only individual claims for relief are advanced in the case."
As I said in my first post: if they sued you in small claims court it does not matter that you elected arbitration. There is a clause that carves out that option in small claims cases.
Hello dear friends.
I am another one that has been caught in the claws of portfolio recovery for the amount of $3164.43. Complaints are "Account Stated" and "Open Book Account". The lawsuit contained Exhibits A and B which were a statement showing the last payment made (which was returned by the bank) and also a final statement showing that the account charged off. This is being done within the legal time frame. So far I have submitted a general denial with an Assertive defense of "Lack of Standing Because No Debtor/Creditor Relationship" to the court which has been stamped and I have made copies of each and sent the documents off to Hunt & Henriques in California (the lawyers for portfolio) along with A BOP with respect to the "Open Book Account" claim. Phew. I'm burnt out and I am awaiting my letter containing a trial date. My question is, what are my odds of being successful? Should I have just hired a lawyer? is it too late now? Does anyone have a reputable lawyer in California that wont gouge me? You're all I have right now!
“OC” means original creditor. I don’t know that M&J is representing the OC. They could be representing a debt buyer. My point is that law firms do not usually purchase debts. They merely represent clients.
If you hired an attorney to sue someone, the attorney would represent you in court. You would still be the plaintiff who is suing, but the attorney would do all the work and show up in court to represent you.