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  1. Today
  2. I just received notice I am being sued for 1,100. Pollack & Rosen is suing me. They have filed papers with the clerk of courts and a pretrial date has been set for a month from now. This is from a Walmart credit card from jan 2016. (Florida) Questions can I get this pretrial cancelled if I settle out of court for the amount they requested? (Call them or email them?)Do they offer (payment plans for settlements?) What other fees do I have to pay besides court cost and settlement? Am I responsible for their attorney fees? How will I be served? What if I don't go to court and then get a settlement against me. Will I have to pay in one lump sum? This is my first lawsuit and I am so worried. Thank you so much for any advise.
  3. I am sorry for your loss, And I agree on The estate is legally responsible to pay its debts before paying heirs. I hope you are well now and have moved on from the grief of losing Dad. According to me you should go for the proper law for your son education loan. Your dad might have planned a probate will where he must have mentioned all those trusts and estate law NJ related topics. You should contact with your family, probate lawyer who can tell you all this thing and can help you out from this process.
  4. @Harry Seaward @fisthardcheese Just wondering if i were to open my case in AAA, and close the jams case right now lol... Filing fee, etc starts over.... Unless i CAN't close the JAMS case not that they paid the initial filing fee???? just wondering, and wishing i had filed with AAA...
  5. Ok Not the OP... NOT my image.... This all belongs to the OP... Note this is with a Junk Debt Buyer.... PRA, Midland, etc... NOT a OC.... I get it though... But their choice of debts to choose to making a example out of is poor... If that is the case... I know down here people that default, just get a account in another name for their work check to go into. They can chase freeze do whatever, these kind of people don't care at all.... Their profit margin can't be that good, if i had to guess... My personal opinion is they are pushing the envelope on a few here and there to see what happens. Trail blazing, just like we are.... Then we will just had to revert back to legislation like it would be be if it were in court??????? That's my guess.... @texasrocker @fisthardcheese @BV80 @Harry Seaward
  6. When I received my strike list from JAMS, the hourly fee varied between each Arbitrator. Could the hourly fee affect the required deposit? I hope they decide not to pay. Fingers crossed.
  7. According to the image you posted, they also get a 100% refund if the case is withdrawn within 30 (or 60) days before the hearing. Then you're missing the bigger picture. They don't care about "your" individual debt. They have walked away from debts 10x the amount of yours. But *that* has become the point. They can't keep doing that now that it's common knowledge on an internet message board.
  8. All of mine are 100% refundable prior to hearing, after the hearing has started it is 100% non-refundable. Arbitration fees they can get a $600 refund on if its withdrawn within 5 days. Sounds like they have found another step to push their case without having to pay very much... Still don't understand a JDC spending $1500 filing fee for less than $850 of debt that is inflated with outrageous interest.... Under every dime is a penny I guess, which is a joke, the real saying goes under every penny is a dime... These fools have it all wrong.... lol spend a dollar to get a penny.... Seems like it is random selecting, go figure I paid off all my debt this spring. Along with another account PRA had of mine... The lawyer handling this account changed from the original to a different person somewhere. Caused confusion when I filed, the original said they didn't know anything about this to contact so and so... so i CC'd them.. They acted like this was the first they have heard of any of this and they needed time to figure it all out... REALLY?/???? The paperwork i originally was served with said the first person was the contact, now we have someone else who is handling the case without any notice to me? BS.... They are getting clever, and for good reason, now it time for this forum to get even more clever!!!!
  9. Is the 100% refundable fee policy new? I thought it was 50% refund if cancelled within a certain period and then 25% within a later period. If the 100% refund is a newish thing, that could explain why we are suddenly seeing several cases of them paying the filing fee. They could pay the filing fee trying to bluff us and then balk at the arbitrator fee deposit, and still get all of their money back. It doesn't explain the two other cases where they have paid the arbitrator deposits, on sub-$5,000 debts, though.
  10. So it seems their payment is due NLT Tuesday the 28th, with Monday the 27th being a holiday..... ???? really interested to see if they pay... As with PRA in my case.... I'd follow whatever Fisthardcheese or others advise, but i'd suggest telling them you would require at least two days to explain your case and drag it out as much as possible to eat up as much of the $5000 Jams deposit as possible... As for the how to do that I HAVE NO IDEA.... objections - no idea... I hope someone here taps in and helps out as to what to prepare for... The advice above is double sided sword too, cause if they flip the charges back on you somehow then youre stuck with all those fees.... that's what Im afraid off on me end....
  11. I'm in the same situation with PRA.... Just submitted my strike though list today. I just reread the paper, looks like it didn't define a due date other than the bottom print, payment due upon receipt... Weird not to include a date, what did the arbs schedule say? did it provide a time period? JAMS time period? @fisthardcheese ??????????????
  12. @Norfolk&Wayman I haven't got anything yet. Probably won't know anything until after the holiday. But I didn't see a due date on the form.
  13. Yesterday
  14. Texas Justice Court does not require evidence be attached to the complaint. It also requires the permission of the court to discovery to get what evidence they intend to use. You need to decide what strategy you intend to use. Synchrony has the BEST arbitration clause of all the creditors. I would recommend answering with a general denial and invoking the affirmative defense of private contractual arbitration. At the same time you file the answer I would file a motion to compel arbitration. Make sure you serve copies of both on the opposing attorney. There are threads on this site that can give you an example of both to modify to your facts and submit to the court.
  15. OC? I live in Texas. Fort Bend county small claims court. The about 1565.00 is what portfolio recovery is trying to get out of me.
  16. @robf270 I see the $5000 was due yesterday the 22nd? Did they pay it?
  17. I was served by a process server from fort bend county Texas by portfolio credit from synchrony Bank old Navy account balance is 1,565 and some change
  18. The Consumer Financial Protection Bureau has a credit card agreement database. You can download a copy of your agreement. You want the year the account was last in good standing. It might be in the archives
  19. First time being in a legal case I want to make sure I’m understanding this correctly. Basically this is stating if we go to arbitration they may be required to pay up to $5000 to take the case to arbitration to collect the $3500 that is owed making it not worth it for them. I would be paying somewhere between $0-$250? Also I’ve never dealt with this before how would I respond to the summons? Does it make any difference that in Washington state any amount owed under $5,000 is in small claims court? How can I find this arbitration clause for my specific account through synchrony or is it the same for every synchrony account? thank you so much already for the original response
  20. If you were not served, you should be able to get that judgment vacated for lack of service. I would suggest consulting with a consumer attorney.
  21. Who is the OC? Arbitration, if available, may be your best strategy.
  22. Your best strategy is arbitration. The OC here is Synchrony, which has an excellent arbitration clause. Find out more about arbitration here:
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