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  2. @LaneBlane I am confused as heck. Can you give me an explanation so I can show my husband. He is not convinced this is a conspiracy against me and I am tired and my head hurts and I just can’t figure out what to do.
  3. Nothing matters, at this point. except calling AAA. If AAA finds a clerical error, you are still in the game. If they find no error, you will have a judgement. At that point you can try the 3 Panel appeal, as offered in CC agreement or declare bankruptcy.
  4. Also, did the dates of the charges (statement) match up with your name/address at the time you lived there? Could someone else have taken out an account in your name? "I do not remember this card" is not going to fly in Court. At this point, your "next move" should always be do what the Court says. How was your "request for more information" sent to LVNV? Did you file a copy with the Court?
  5. You have a little homework to do. This is a Synchronicity account sold to a JDB (Junk Debt Buyer) You can probably beat them. You need to take them into arbitration. Almost certain they will walk away as soon as you do so. Follow these steps: 1. Look up the arbitration thread on this forum. Read what you need to do. 2. Go to the CFPB web site. Download a copy of the applicable credit card agreement. 3. Write up a draft of a Motion to Compel arbitration. MTC for short. If you have questions, post a redacted copy of your draft (your name etc removed) here for others to critique. There are samples on this forum if you look for them. 4. Find out the procedure for filing and possibly scheduling a motion in your county. 5. File the MTC with the court. 6. A few more steps, but that is enough for now. Start with steps 1 and 2, ask questions when they pop up. Good luck!
  6. I just woke up and got all this is. However I missed my deadline for the court to withdrawal. I got it in at 4:31. Will this matter. I can see the motion is on court page and literally just submitted my motion to withdrawal
  7. Did you recognize the original creditor? Did the statement show any charges or payments?
  8. LVNV has served me with a summons stating I owe a $1204.00 CC. I do not remember this card. I answered the summons through the court. I said prove its mine. They sent me a copy of a CC statement. with my name and address. I sent back a request for more information. Any suggestions on what my next move should be. Thank you,
  9. Report post Posted March 11 Hello everyone. I have been reading through the forums for a few days now. After coming to the conclusion that arbitration may be in my best interest. I am a complete newbie when it comes to law and legal talk although I have learned a lot looking and reading these forum pages. I have two lawsuits. One has been served and the other has been filed and the processor actually called me to tell me he had papers to serve on the second one. He said it would be a few days and he would be back in town. I went to the court website and found that it has been filed. I am going to start work on the first one from Credit Corp and see what happens. The second suit is from Velocity/ Lending club for approx $11,500. I need as much help as possible with these. I have been reading for hours but i still feel lost 90 percent of the time. Below is the info on the first case. As soon as I'm served i will post the second. Thanks in advance to any that will lend their expertise. 1. Who is the named plaintiff in the suit? Credit Corp Solutions Inc 2. What is the name of the law firm handling the suit? Llyod &Mcdainel, PLC, Louisville, KY 3. How much are you being sued for? $1060 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? (You were served, right?) Served by local sheriffs office 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None before 9. What state and county do you live in? Arkansas, Stone County 10. When is the last time you paid on this account? Approx 2 years 11. What is the SOL on the debt? 5 Years I believe 12. What is the status of your case? Suit served? Motions filed? No action taken on my part. Trying to figure out how and what info to file with answer 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) For some reason this isn't on my credit report 14. Did you request debt validation before the suit was filed? No 15. How long do you have to respond to the suit? 30 days Served on the 7/3/2019 so time is limited 16. What evidence did they send with the summons? A.Affidavit from book keeper of Credit Corp B.Bill of sale from Synchrony bank C.Affidavit of sale By original creditor D.Credit Card agreement/ with arbitration clause
  10. The problem is that these law firms will go above and beyond to avoid creating new precedent. The case cited above may have very well established that precedent. Not sure of the outcome, but odds are that the firm offered a generous settlement agreement with an NDA in order to avoid precedent that would be highly beneficial to consumers.
  11. Depending on your state's rules of civil procedure, filing an Answer could waive your right to arbitration. I'd look into your rules first prior to doing anything. In my state, I filed a MTC in lieu of an Answer. Either way, the JDB should fold quickly once the MTC is granted.
  12. As I was told by a very wise person on these boards, you can't expect other people to do the work for you. I would call AAA today. Write a SIMPLE outline of what has transpired so you'll have something in front of you while you're on the phone... just in case you find yourself at a loss for words. Be professional and courteous.
  13. I don't think anyone can be any clearer in their efforts to help. You need to call AAA to get this resolved right now, not on the 12th, not tomorrow, not in an hour,
  14. So I am confused too. Was I not supposed to file that motion to hear mtd in court? I honestly don’t have a clue what is going on. I don’t know who I am supposed to be trusting as who not to trust. I am so lost. @LaneBlane
  15. @LaneBlane. I have the letters opening and closing the the court compelled cases that matches up with the dates the motion to compel was granted. Do I need anymore specific things like objecting to not properly filing a motion to amend the cases or anything? I am still so confused and distorted. So is everyone on here still trying to help me? Or some still trying to hurt me?
  16. As I mentioned my answer was given using my courts forms and there's even a section for making motions. http://www.nycourts.gov/courthelp/GoingToCourt/motionsOSC.shtml The section "Making a Motion" a has form to fill out but there's section I do have information as Part, Room, etc. http://www.nycourts.gov/courthelp/pdfs/forms/NoticeOfMotion.pdf Should I just avoid using the DIY forms from my court?
  17. I apologize for my ignorance on the matter but currently my case status is Pre-RJI, therefore no judge has been appointed. When I file a MTC Arbitration or as someone mentioned a motion to change my answer with the court who approves/deny/view?
  18. Wow! if i didn't know any better i would say that the order format looks like jurisdictionary guy, Freddy Graves, kind of document.
  19. @fisthardcheese Again, I cannot possibly thank you enough. You are bloody amazing!! ❤️
  20. Ahh, that must be Colder and Snowflake ... or whatever the Hannah rejects are called.
  21. It's fine. Proposed orders are very minor issues. If the judge doesn't like something he will change it or write one up himself. The Motion is the most important one.
  22. My God, you all are BRILLIANT. Thank you so very, very much. I honestly can't thank you enough. One last thing, @fisthardcheese, please ... may I ask if you'd please look over my Proposed Order? I tried to make it look similar to the formatting I found in an old Midland case in my county I found online. I'd love your opinion on whether I mucked it up. ❤️ (I've attached the Judge's Order I found online here) IN THE COUNTY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT IN AND FOR BAY COUNTY, FLORIDA CASE NO.: XXXXX MIDLAND FUNDING, LLC, Plaintiff, vs. BEACHYKEEN., Defendant. _______________________________________/ ORDER TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY THE CASE PENDING ARBITRATION The foregoing Motion having come before the Court and having been duly considered, it is hereby ORDERED: _______ GRANTED / _______ DENIED Further, this case shall be stayed pending the outcome of private arbitration. DONE AND ORDERED, in Chambers at BAY County, Florida, this _____ day of _________________, 2019 _______________________________ COUNTY COURT JUDGE Copies to: _____________________________, Attorney for Plaintiff, P.O. Box 290335; Tampa, FL 33867 IL_FL@mcmcg.com BEACHYKEEN 10-38-2-11.pdf
  23. So if this is simply a clerical error, then the arbitrator would have authority to take the 22K award off. Am I understanding this right?
  24. In court for my Opposition for MTD sanctions, I clearly laid out everything and ended with now we have a letter that clearly shows which case was which, she was lying and in the end part explaining now the arbitrator decided to make a decision in her favor of 22K even though he said he was only had authority for one and now I am trying to figure out how to clean up this mess she left in arbitration. I don't know if my Motion for Order on all pending matters due to the severity of issues at hand means the court will look at it and make a decision on the MFS and MTD MFS? Or if we all have to be gathered to have an in person hearing first. Edit: I see now.
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