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  2. No, not sinister. By "sly" I just meant that they glanced at AAA info (likely from a cut and paste brief as you pointed out) and think they know how arbitration goes now. Just as we are seeing in other cases, these attorneys really get tripped up on how arbitration actually does work, so I am only strongly suggesting using JAMS, not only because this attorney may believe they know how AAA works from glancing at a previous brief, but also because JAMS is much more comprehensive and includes things like discovery without having to beg for it like in AAA.
  3. Hi! I've been reading through the forums here. Before going into my post, I can't find the User CP to change the settings to make email private (as suggested in the announcements). Can anyone point me in the right direction? I have decided I want to go for lump sum settlement. I haven't answered the complaint yet. So far, I have verbally negotiated down the settlement amount as far as they are currently willing to go (over a series of phone calls). I will start by answering the questions : 1. Who is the named plaintiff in the suit? Midland 2. What is the name of the law firm handling the suit? Midland 3. How much are you being sued for? 5k 4. Who is the original creditor? (if not the Plaintiff) Synchrony 5. How do you know you are being sued? (You were served, right?) Received by mail. On proof of service due diligence form, the process server lied about having attempted to serve adult at the residence. That said, I don't think it's worth doing a motion to quash service because they'll just serve me again. 6. How were you served? mail (substitution) 7. Was the service legal as required by your state? If it had happened the way the server said it did, then yes, it was legal (it didn't). Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Rec'd notice they purchased debt with payment demand. 9. What state and county do you live in? CA, Sacramento County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) not outside SOL 11. When did you open the account (looking to establish what card agreement may be applicable)? I obtained the proper card agreement (w/ synchrony arbitration verbiage) 12. What is the SOL on the debt? To find out: 4 yrs 13. What is the status of your case? Complaint & Proof of service filed, haven't answered, no hearing date set. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). no 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 10 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. *Bill of sale from Synchrony to Midland *Purchase Price Reconciliation /Funding Instructions (“This FORWARD FLOW ACCOUNTS PURCHASE AGREEMENT is made this [date]) *Affidavit of sale of account by original creditor *Certificate of Conformity * a screenprint w/ acct info captioned at the bottom “Account information provided by Synchrony Bank pursuant to the Bill of Sale / Assignment of Accounts transferred [date] in connection with the sale of accounts from Synchrony to Midland. “ *the initial notification to me that the account was sold to Midland, demanding payment *two billing statements from the OC *copy of Notice of Legal Placement notifying me it was transferred to the legal department *Superior Court Alternative Dispute Resolution Information Package *Blank form CV\E-203, Stipulation and Order to Arbitration/Mediation Limited Civil Cases 18. How did you find out about this site? Google search My goal is to settle and be done. I negotiated a settlement amount. I advised the representative that I would not remit payment until they sent me a settlement agreement. I received their boilerplate agreement (from which the rep warned they will not deviate). What worries me is that there is nothing stating that they will dismiss upon payment of the settlement. The rep said (verbally) after a 10 day period (to allow time for the instrument to clear), they will move to dismiss. Different reps have said different things as to whether it would be dismissed with or w/o prejudice. Without any written agreement regarding dismissal, I'm hesitant to remit payment. On the other hand, I don't want to go to court and end up with a judgment. I plan to prep my answer because it will be due before I could pay and wait 10 days. I cannot use a general denial, so I believe I have to file an answer and a mtc arb. I was advised to go ahead and file my answer just as if there is no settlement on the horizon, to protect against judgement. ***Would anyone read over settlement and give feedback as to the pros/cons of remitting payment? *** (The agreements is on their letterhead.) It says: You have agreed to pay a total settlement amount of $x. As of the date of this letter, your remaining settlement balance is [all of] x. Please see add'l page for settlement term details. This settlement arrangement is made in good faith and is contingent upon payment of the total settlement amount. If the payment instrument is returned “not paid” for any reason, this letter will be null and void. In the event you fail to make all payments on time and as agreed, this agreement will no longer be valid and further legal activities may follow and a judgment may be entered against you. As a result, you may owe more than the balance shown in this letter. *** The attached page has the account number, and says, "The settlement terms you have agreed to are as follows: One-time payment $x by personal check due on [date]." Thank you for reading my post, and for any guidance you can offer! Banana
  4. Your problem is that I highly doubt another bill is coming. This is why everything will probably hinge on throwing everything and the kitchen sink at them after you see what is in their Reply Brief. Including objections to counter claims, objections to costs citing the AAA rules plus the contract language stating that Unifund has no option to collect fees on arbitration cases, and also probably even pointing out that we are in a private arbitration case with AAA and not Court.
  5. I understand what you mean, but my point is that as long as OP is able to get the improper counter claims from this case tossed, then I think that is the point that everything might start to click in with this attorney. There is no requirement per-se, but the better you can make your case the easier it is for a settlement or an award in your favor. I always make my pleadings as close to what one would present in federal court as I possibly can, time permitting of course.
  6. Today
  7. @texasrocker took your advice and filed a general denial letter. I guess i need to wait and hear from the court. what do you think the next step will be?
  8. Now that my original arbitration case has been closed for many months for non-payment, I'm wondering if submitting a new claim with JAMS is something I should consider. I could include language in the claim that says the JDB is responsible for advancing the filing fee and costs under the Arbitration Provision. I could also seek reimbursement of the $600 filing fee I paid the first go-around, as well as my attorney's fees. It wouldn't cost anything to submit my claim. It would show that I'm continuing to pursue my right to arbitrate under the terms of the agreement. Claiming a money award may also send a message to the JDB.
  9. It's all about the money. In order for arbitration to proceed, the 50/50 out-of-pocket each party was required to pay was more than $4,000. This is more than half of what they were seeking in civil court. The objection I filed on the allocation of fees and expenses also put the JDB's attorney on notice that I would put up a fight to be reimbursed. This is why arbitration is the best defense in so many consumer cases. A consumer is only responsible for paying a reasonable filing fee, while the entire financial burden rests squarely on the JDB. As a result, many JDB's will fold if the costs and risks outweigh the alleged debt they're attempting to collect. In a commercial case, both parties are equally responsible for paying the fees. There's no leverage. You're on equal footing.
  10. Im glad to share my experience with you. I also have another thread that I won against LVNV. That was my first learning experience, and you could watch my growth lol. There are so many great people that are willing to put in their time to help you. This community is amazing, thats why I put in the work I can do and return the favor to any future pro se'ers. Just remember I am not a lawyer, I am only implementing what I learn and researched along with the direction of many community members. I wish you luck, and make sure you re-read at least 5-6 more times before you file with a fine tooth comb for errors. I know you & the community are just giving advice. But it helps tremendously! Everyone is so patient, I mean, I've asked some dumb questions Haha. Ive learned so much. Now that my past stupid decisions & unfortunate circumstances I couldnt predict is catching up with me, it's nice to know, with the help of others, can try to use the law in our favor to help us as consumers to settle items for good or sometimes get lucky. I will definately review my items tons more! Good luck with your filing as well! You reacted to this
  11. Im glad to share my experience with you. I also have another thread that I won against LVNV. That was my first learning experience, and you could watch my growth lol. There are so many great people that are willing to put in their time to help you. This community is amazing, thats why I put in the work I can do and return the favor to any future pro se'ers. Just remember I am not a lawyer, I am only implementing what I learn and researched along with the direction of many community members. I wish you luck, and make sure you re-read at least 5-6 more times before you file with a fine tooth comb for errors.
  12. Reading up on another thread re arbitration in Ohio 👇, it might be good idea to include - dismissal or in the alternative stay - in a muni court instead of just asking for a stay in the MTC. I have everything ready to go to file Mon morn. Trying to get opinions if should change it to include this?? I wasnt able to scan my doc's as pdf, pics of printed docs are a few posts above this. Btw...that thread is very informative & wish I wouldve came accross it before I started with my experience. Yall are so helpful!!
  13. Yesterday
  14. I called the number for shits and giggles and it was an answering service. When I refused to give my reference number, I asked for the name of the company and to be taken off of their list. She then hung up on me LOL
  15. Bold and underline is theirs.. "This is to advise you that the matter referenced herein-above has been set for a Pre-Trial Conference on... At this Conference you must dispose of all pre-Trial matters including; but not limited to the following, to wit: A. Exceptions to the complaint B. Motions for continuance C. Any evidentiary motions D. Motions for appointments of interpreter E. Requests for Subpoenas of witnesses, documents, etc. F. Plea Bargains G. Any other Pre-Trial issued requested by either party. All motions that will be presented to the Court on this docket must be in writing, preferably typed, and filed with the Court at least seven days in advance of hearing. Any such preliminary matters not raised or filed at least seven days before the hearing will not be allowed to be raised or filed. The Court will not consider any plea bargains, motions or other Pre-Trial matters mentioned above subsequent to the Pre-Trial hearing."
  16. There is nothing that would make any difference at this point. The Federal cases should work. It is extremely rare for someone to be denied arbitration in Wisconsin. There ARE some state cases I know about which ONLY come into play AFTER arbitration and when they are trying to confirm an award, but those cases may have been superceded by the US Supreme Court decision. In other words, just use the Federal case law now.
  17. @MikeB35 Here's the link to the JAMS form. Fisthardcheese advises you to fill this out as best you can (see his epic arb thread for instructions) and attach it as an exhibit to your reply. https://www.jamsadr.com/adr-forms/
  18. Their court case is stayed pending arb--now for well over a year. They stymied the arbitration process--even though your claim demand was essentially their debt amount. They've put their case in suspended animation.
  19. That's exactly what happened. The JAMS rules state the terms of the arbitration agreement would take precedence. Unfortunately, the objection I filed couldn't even be considered until the retainer fee was paid. It never reached that point.
  20. IIRC--They tried to pull a fast one by refusing to follow the clear terms of the arbitration clause. Instead, they twisted the JAMS rules by omitting the clause that states the parties' agreement would take precedence over the JAMS fee split.
  21. I know this all too well. Consumers are only required to pay a relatively small filing fee to JAMS or AAA. They don't need to pay anything further for arbitration to proceed. I don't have this luxury. Before I filed my MTC, I relied on the arbitration agreement that said the JDB would advance or reimburse all fees and costs related to arbitration. Otherwise, I wouldn't have been able to afford it. After I filed my complaint, they wouldn't advance my half of the filing fee. When I paid the $600 and billed them for it, they wouldn't reimburse.
  22. This is going to happen only if you get a judgement for the defendant for the full amount which I doubt you will get.
  23. This is why I see that there might be a problem when the parties return to court. They will be pointing fingers at each other as for why arb failed and the judge will have to decide which side caused the issue. Had this been a consumer case, there would be no issue on this.
  24. THIS^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ As I said earlier: the 500 rules apply. Texas changed this in 2013 as it says and debt cases can and ARE heard in JP court.
  25. Which is a matter to be settled at trial. That is exactly what a summons is. That you have been accused of "owing a debt" and they want their money. Whether there is sufficient proof to sustain a verdict is a matter for trial. If you want to know what proof they intend to use then you have to file a motion with the court for permission to do discovery. In that motion you need to include what information you are seeking so that the court can rule yes or no on whether you will get it or not. When I sued the CA I filed for summary judgment: it was denied at the pretrial. The Judge herself advised both of us we would want to do discovery and a trial date was set 90 days out. We both drafted what we wanted and submitted it to the court. She approved both and we each answered the other and came to court with the information in hand on the day of trial. AGAIN: PRA sues in Justice Court ALL THE TIME. They can do it. You will NOT get a dismissal because they filed there and not in state court but if you want to tilt at that windmill go right ahead.
  26. The contracts include prominent language that reads, "This is a commercial loan." Therefore, I'm afraid the consumer rules don't apply.
  27. @nobk4me No, not all! Thank you for your input here. I'm not familiar with Ohio court divisions. I'm just looking stuff up and hope it helps! Any expertise or advice you can offer is much appreciated. I believe @MikeB35 said he titled his motion as motion to compel arbitration and stay the case--without including an "in the alternative" clause. He did include the "dismissal or in the alternative stay the case" in his prayer for relief at the end of the motion.
  28. Just to clarify, these 7 are business loans/advances with your personal guarantee, so the JAMS consumer rules don't govern, correct?
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