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  2. @fisthardcheese i just want to make sure I have this clear. When someone files a motion to amend a claim, just the arbitrator decides, correct? The other party has no say and can only object/respond once the new claim (assuming the arbitrator said yes) is asserted. I just want to make sure I had this right before I tell the arbitrator I can have it in with my brief or if the other party had so many days to respond to my motion asking to amend before the arbitrator made a decision (then I wouldn't have enough time since my brief due on April 29. Reading the AAA rules, it seems like ONLY the arbitrator says yes or no, but I wanted to verify I before I sound like an idiot to the arbitrator. (you guys are used to my ignorance lol) *****EDIT***** The arbitrator has the SOLE discretion to allow or deny the filing of a written motion and his or her decision is final. I missed key word "sole" the first 10 times I read this rule. I am getting my motion in now!
  3. Should I still wait to be sued? Is there a way i can get them to negotiate somehow so i dont have to deal with this court thing?
  4. It is not necessary at this point to file anything with the court. Just deal with sending copies to Midland only and retain proof that you did so.
  5. Oh, really? That's interesting. Did you send your dispute letter certified, and do you have the green card proving they got it?
  6. Things I would ABSOLTELY include with my reply: 1. I would state that I DO NOT object to a 60 day stay. 2. I do not object to filling the Demand for arbitration, and in fact, already have the paperwork ready to file immediately upon granting of Defendan't Motion to Compel. I would state that I am only waiting for the MTC to be granted, as it would be improper and against common sense to file an action in arbitration when the same is part of an active case before This Court. 3. I would submit a copy of a JAMS demand. --- JAMS --- since they are so sly as to mention all of the AAA rules in their response (I am assuming some attorney breifly skimmed the AAA rules only at some point to come up with their silly response). I would make my JAMS demand an exhibit in support of point number 2 above. 4. I would get as much case law as I could on MTCs granted after the start of a lawsuit to show that it is, in fact, commonplace to file MTC when a lawsuit is filed which contains an underlying arbitration clause. And also that there is NO case law stating that arbitration must be filed first. 5. USE JAMS. USE JAMS. USE JAMS.
  7. This is pointless garbage. Op has plenty of evidence to assert an alleged violation. She doesn't have to avoid making claims without every single piece of evidence known to man and it is well more than just a "shot in the dark". Not to mention, this is arbitration and OP doesn't necessarily need to prevail on all of these claims as the goal is still just a mutual walkaway. Yes. Stop. It should be brought up IF and AFTER the attorney asserts it once more in their reply brief. Once anything is brought up about the $22k debt in the response, as I have stated, my opinion would be to grind the whole thing to a halt. Filed objections, ask for a discovery hearing, ask all of their mention of the $22k to be stricken, and ask the arbitrator for a phone hearing to sort out the entire mess before proceeding further. It can be stricken, but not due to irrelevancy, necessarily, but due essentially to res judica (or something similar?) - because this account is part of a pending court ordered AAA case under a separate case number. I feel like a broken record at this point. OP needs to file their brief and a motion to amend their demand to add additional claims prior to the deadline. Everyone can speculate until we are blue in the face, but until we see what the Unifund reply brief looks like, there is no point in rehashing all of the what-ifs.
  8. My brain is shot so I am going to ask (been holding back asking) How do you find “case law” that pertains to your claim? I have been searching, reading cases, googling every search I can think of for hours😩 I feel like I am missing how to find them. (Please don’t attack me too hard🤪, I already know I am clueless on this legal/arbitration stuff)
  9. Thanks for your reply @fisthardcheese! Does them sending me this "dispute" letter affect the arbitration process at all in terms of them violating anything that I can use against them? I doubt it but figured I'd ask. I have another account with MCM thats also from Synchrony (thank you arbitration gods) and I was going to send them the same settlement letter, just for a different account. If them sending me a dispute letter in response doesn't affect anything then I'll save my 7$ sending certified mail and wait for them to file. Should I start reading up on exactly what I need to do for arbitration and get my paperwork ready so when they do file I'll have it all on hand? Thanks so much for your help! I'm going to be studying up on your arbitration strategy now. I should've paid off the OC in the first place to avoid this mess but I'd rather go through the hoops of arbitration and getting my 2 accounts dismissed than pay someone who bought my debt for 100$!
  10. Post this in is there a lawyer in the house. This Synchrony arb clause has def been awarded MTC. The goal is to, if you receive a complaint, file your response to include affirmative defense & epecting to arbitrate (bc claims are subject to arb. The lawsuit portion language states if they file a suit, & u respond without saying they have wrongdoing, or request MTC & its granted....). Then u file a MTC w Stay of Proceedings. Request arb, w JAM then they likely dismiss case & dont pay for arb. Tons of us are doing this now. Idk how to post links to threads, but reas up on it.
  11. I only skimmed all of that because most of it is irrelevant. Here are my thoughts: 1. There is no way to get this judgment set aside now for SOL, sewer service or any other legal claim. It has existed WAY too long, you have known about it and failed to do anything when it was possible. 2. It is not a violation of Michigan law for them to collect on this even if they are not registered as a debt collector in Michigan because they own the judgment therefore they are the creditor not a collector in this situation specifically. If the [collector] were representing the actual owner of the judgment and had hired the attorney THEN they would have to be licensed in MI. ANY creditor can hire a MI attorney to collect a debt they are legally owed without having to be a registered debt collector in MI. 3. If you got a settlement you can live with make it go away. This attorney is not going to let this go most likely and living with interest, garnishments and levies for years to come sucks.
  12. Possibly. You always have a chance. What the odds are no one can predict. We tell everyone who files a MTC to be prepared with a back up plan should the court deny it.
  13. This is one that i hat to put on here to get some input on, which is quite the interesting scenario. Names have been redacted since there is an active complaint with the Michigan Attorney General's office. Back in 2007 i was served a summons in person from [COLLECTOR], assignee of Providian which i did not respond to and had a default judgment entered against me. I was young at the time had no clue about any legal process or defense assumed had no chance so didn't do anything. Prior to that, the debt collector/buyer (not sure what the case actually is, haven't been able to find out) or their attorney [OLD ATTORNEY] had never contacted me. I never received a notice of judgment (i no longer lived at the address they had) and had never been contacted by them again even after the judgment except for an occasional notice of my state income tax being garnished and the judgment renewal when that time came. So i went on with life. Until just a few weeks ago, i received a copy of a subpoena from a new law firm [ATTORNEY] representing [COLLECTOR] asking for banking information from one of my credit card companies. Ok now they are trying to collect. So i went on their website and seen they had an account management section so i created my account with them. Then followed the link to negotiate a settlement with them and have them contact me. They called the next day and left voice mail. I proceeded to send a debt validation request, knowing this was well past any time frame allowed under law, but being older and smarter i was pretty sure that they filed the suit past the statute of limitations and figured it was worth a shot to get some documentation (i know that the sol defense was out the window but wanted to know more for personal reasons and maybe help in negotiating settlement). Also knowing that in 2005 Providian was purchased by Washington Mutual and in 2008 Chase purchased WAMU credit card accounts when the government was shut down, i called Chase Asset Recovery and asked for more information, they had no record of me and suggested to send debt validation to their address that responded to that, so i did (haven't received anything from them yet). The debt validation response from [ATTORNEY] was they did not have any documentation except a copy of the original judgment (which they sent and was the first time i had ever set eyes on it) because they were not the original attorney and only a client representing [COLLECTOR]. Here's where things get interesting. Ok, now to find this [COLLECTOR]. Search Google, only mention of this place on the internet is on pdf on [ATTORNEY] website listing their clients. Not helpful seeing i've never been contacted by them and have no idea how to. Michigan Licensing and Regulatory Affairs has a business entity search so i looked them up found a [COLLECTOR] LLC. Good now i have a registered agent address and registered office address. Off to post office to send certified validation letter, but there is a problem. The address is not a valid address. WTF!!! Go to google maps the zip code listed is not correct for that town and doing a search of that address was of an auto detail shop. Back to google to look up the registered agent to see if i can find anything. Found him, kind of (The name on the registered agent was misspelled). He also owns another business with a similar address (street number off by a few, same suite number) but looking this business up on LARA, the registered agent and office address also was not valid, had a different town than that of [COLLECTOR] and the wrong zip code. What is going on here? I called the Corporation Division of LARA seeing if the had any information regarding these businesses trying to get a valid address. They did not. They did confirm with me they were not valid registered agent address or registered office addresses for either company and said they were likely trying to hide something but they (LARA) have no way to verify filings with them. I found a phone number for the non debt collector business that this guy owns and called (recorded) asking for [COLLECTOR] the lady that answered told me [COLLECTOR] does not exist anymore, i told her i needed a valid address for them to send some legal paperwork, she told me she wasn't sure but thought [COLLECTOR] had a parent company called [PARENT] and she'd look into it and call me back. She never did. I also called the auto detailing place at [COLLECTOR]'s address asking if there was a [COLLECTOR] in suite XXX in their building and he responded that their wasn't and there is no suite XXX, which i knew wouldn't be the case but wanted that documented. Ok so debt collector had falsified all of its annual filings in violation of section 450.2707 [Maintaining registered office and registered agent;...] of the Michigan Limited Liability Company Act starting in January of 2007, 4 months before they sued me in May of 2007. I would assume the collector/junk debt buyer, whatever the case is intentionally hiding. How can you validation requests and/or legal papers to a non existent address for a company? And the big legal question. Does/should a company that has been operating illegally in the State of Michigan legally exist, and therefore does/should said company have a standing to file suit in a court of the state? Now keep in mind i am well aware this whole deal is well past limitations on various laws and there is nothing that can be done about the judgment, but there has to be a laundry list of state, federal, FDCPA, or other laws this place has violated. I'm going to guess the outcome of this would be section 450.4803 [Dissolution; action by attorney general;...] of the Michigan Limited Liabilities Company Act. If/when that happens did this place ever legally exist in the first place? And if this is all legal, i would think it absolutely shouldn't be. One last kicker, remembering the lady i called mentioning [PARENT] i looked them up on LARA with a big surprise. [PARENT] is in same building as [ATTORNEY]. Coincidence? Now if [ATTORNEY] knew (which i would highly speculate the know) about [COLLECTOR] and [PARENT] is really the parent company of [COLLECTOR] there are a few rules in the Michigan Rules of Professional Conduct [ATTORNEY] is violating? I have retained an attorney immediately finding this out, i wasn't attempting to self negotiate anymore. I don't think he originally believed me on this story and said they there is no way to know if [COLLECTOR] isn't actually from another state but agreed to take a retainer to settle the judgment. Today he called me with a negotiated lump sum settlement (yay, although none of this was brought up in negotiations) and he told me he happened to sneak in asking who the owner of the debt was. [ATTORNEY] only told him it was someone in their building......
  14. Hello all! I had an auto loan with Flagship that defaulted and was repo'd in early 2016. The last payment made on the account was in 2015. I'm seeing various 'last payment date' listings on my reports. 10/27/2018EQ and 11/27/17TU. No payment was made on this account past 2015. Does this appear that they are 're-aging' the file? Thanks in advance
  15. I tried my best to find a case law in my state but the ones I found that involved arbitration just didn't make any sense to me and I wasn't sure if it would even help my case. Maybe I'm not searching properly.. I moved on anyway and finished my Answer and MTC and I've attached the redacted versions. I was hoping the people here could look over it and make sure it looks ok to send? I would really appreciate it!! I'm a little worried though, what are the chances the Court will deny my motion? redacted_ PRA Lawsuit Answer to Complaint.pdf redacted_ PRA MTC.pdf
  16. Its is part of their packet submitted to the courts, yes.
  17. so im doing this for nothing? That figures..here is the actual arb agreement.Do i have chance or not. PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or PayPal, Inc., if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 1633 Broadway, 10th Floor, New York, NY 10019, www.adr.org, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which
  18. I'm freaking out & just crushed! Help!! 👉👉I faxed in my Complaint response to the court bc the lady said I could. But I just received mail back from our mail room at work of orig copies I mailed to the court stating they cant accept postage $amount/not delivered. (Ran it through Pintney Bowes machine. I didnt even think this would be an issue). Apparently it was mixed in w our metered mail & they're just now getting it to me. There's no markings from post office on it...just ,x'd out where postage pd. My take away from court rules (ATTACHED) state court needs thes originals within 4days of facsimile?? If they didnt receive it, then I'm way past time of response time. What do I do??? From rules: Rule 6. Filing of Motions Every motion filed in the Fairfield Municipal Court shall be on a separate sheet from the entry. The entry granting or denying the Motion will be filed after it has been approved by the Court. The entry may be submitted at the time the Motion is filed and the entry shall be marked as "received", but will not be entered as "filed" until the Motion is ruled upon, either granted or denied. Rule 7. Facsimile Filings To comply with the Ohio Supreme Court guidelines prescribing rules to facilitate and effect just results without undue delay and unnecessary expense, and to otherwise remove impediments to the expeditious administration of justice, the Fairfield Municipal Court herein directs the Clerk to accept facsimile pleadings and other documents that would otherwise be accepted for filing so long as said filings do not require costs to be paid at the time of filing. Upon the acceptance of said facsimile filings, the party sending the fil ings shall then have four (4) working days to submit the original documents. The original documents will then be filed by the Court to conform with the filing of the facsimile documents. If counsel does not submit the original(s) for filing within the four (4) days as provided herein, the Clerk is instructed to mark the facsimile documents to reflect that the original was not received and an entry will be filed that orders the facsimile document to have no effect and that same is not to then be considered a pleading, or otherwise be considered a proper document before the Court. @nobk4me. @MikeB35 any guidance?? Rules of Practice and Procedure of Municipal Court (PDF) (1).pdf
  19. Yes ma'am, My court does allow it. You and I created the last reply brief together. ( you're pretty awesome btw!)
  20. It does. BUT, if they sell the debt the purchaser gets all of Synchrony's rights and responsibilities which means that clause protects them as well. So a JDB suing you would be able to defeat a MTC arbitration by stating the arbitration clause states it does not apply to small claims or debt collection suits.
  21. Hi all, I'm about to file my AAA but have a few questions. Here is the link to the form: https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf Do I need to have the AAA documents I e-file served to Midland's attorneys, or can I just send them via certified mail? Also, on the AAA form it says briefly explain the dispute, I'm not sure if I'm supposed to put why we went to court, or what I'm personally disputing and my claims. It also says "specify amount of money in dispute", again is that what midland is asking for, or is that what I am asking for (court fees, etc.)? Do I mention in the explanation that Midland tried to sue me and that I asked for arbitration? Lastly, under the "business" section, I put Midland, correct? Not the OC (Citibank) I want to make sure I don't say too much or not enough. EDIT: I reread everything @fisthardcheese has in his arbitriation strategy and answered my own questions. However, I still want to be 100% sure on two things: 1. Do I need to file something with the court that they've been served or include service papers with what I send Midland's attorneys? 2. Do I need to print and file these copies with the court, or is it 100% out of the courts hands for now - only send copies to Midland's attorneys?
  22. Guys on my synchrony arb clause it says arbitration is mandatory but has 2 exceptions. Small claims and says if "WE" file a collection suit on debt. Does "WE" mean original creditor? I want to make for sure i have all grounds covered.
  23. I sent a letter in January stating that I dispute the debt when I received the original notice from Midland in January 2019 and until today I never got a response.
  24. Yesterday
  25. Should he if the contract states they will pay in any arbitration?
  26. TMZERO

    TMGA50

    I REALLY want to remove the liens. I saw an attorney today who said I also have the option of bankruptcy and keep my home. This may be something I do if the creditors won't negotiate. I'd rather not, but I will if forced to. These are old.... 5, 6, and almost 7 years ago and off my credit. We'll see.
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