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  2. What is the procedure to request arbitration before a suit is filed? Have you had success with this?
  3. I should add one more thing: Since the OP has multiple accounts in default, it would be a great time saver in the long run to be a bit more proactive about these other accounts. Meaning, it is a very good idea not to let them get into court at all. Having a judgment against you is very bad. Having a court record at all can cause a lesser degree of trouble. It takes at most a few hours a week, often less, to keep an eye on the other accounts. Remember, the goal is to keep the cases from ever getting to court, as long as possible. 1. When the accounts get to a CA or JDB, a DV letter buys a little time. 2. A triage needs to be done for these accounts. The three categories are: a. Accounts for which the creditors seem to be ignoring the account. This could be because they won’t validate. I walked away from over $80,000 in debts because they would never validate. Much rarer these days, but it still happens. b. Accounts for which there is an arbitration clause. The goal is to get these into arbitration before a suit is filed. c. Accounts which are being perused with no arbitration clause. The goal is to set up a payment plan or settlement before this gets into court.
  4. That's great! Be sure to look up the CPLR and any court-specific rules for preparing an amended answer. (In my state an amended answer takes the place of the previous answer as if the first never happened; it must be titled "First Amended Answer.") The posted agreement, page 17: "Assignment. We may assign any or all of our rights and obligations under this Agreement to a third party." Page 1: "Card Agreement. This Card Agreement is your contract with us. It governs the use of your card and account. The Supplemental Pricing Information ("Supplement") is a part of this Agreement." Page 16: "Survival and Severability of Terms. This arbitration provision shall survive changes in this Agreement and termination of the account or the relationship between you and us, including any bankruptcy of any party and any sale of your account, or amounts owed on your account, to another person or entity. If any part of the arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived except as provided in this Agreement or in a written agreement between you and us."
  5. Did this letter comply with CPLR § 7503(c) as explained in this post in MIOMH's thread?
  6. Greetings, My apologies if I am posting in the wrong section. I was not sure about what to call this. I missed a hearing to appear for a traffic ticket. I have already appeared twice and the third appointment I knew not about. The judge said nothing about reappearing and neither did the prosecutor. My last appearance was July 5. I was allegedly supposed to appear again on the 19th. The prosecutor, on July 5 said he'd call me by the 26th to let me know what was happening. He called me August 8 instead. During that call he mentioned that I missed the 19th and he stayed a warrant. Then he went on to say that he would have RCMP (Canada) sever me with another summons, if I fail to appear August 23 to sign a promise to appear for November 18 hearing. I said that would be fine as I don't have the means to get around well right now. Then the prosecutor switched and said he'd have a warrant put out if i didn't come and sign on Aug. 23. I don't want to sign anything, period. I was considering signing "under protest and duress" as I do consider his words over the phone a threat to my property and well being. May I have your opinions please?
  7. I realize there are a lot of cases outlined here that can be researched for reference. I have read through all of them thoroughly, and still found it hard to determine which things applied in my case, particularly because I had to amend my answer. So, just in case it's useful for anyone, here is the latest update -- particularly as related to handling the amendment of the answer: My husband appeared at the pre-trial hearing and simply told the judge verbally that he'd like to amend his answer and also that he will be pursuing arbitration. The judge adjourned the case to allow him to file an amended answer and a motion for arbitration. (She adjourned the case until spring 2020.) If the new answer and motion is accepted by the court, then it sounds like the case will be dismissed without him needing to show up to court again. Some other observations and points (and I'm curious if any of you have reactions to this): The plaintiff's lawyer tried to argue that because Midland is the owner now, the Citibank agreement doesn't apply. (That seems completely grasping at straws and inaccurate, but please let me know if you have any insights into this.) When granting the adjournment, the judge said to take advantage of this time to file a discovery request. My husband said he already had and the plaintiff hadn't answered yet, which the judge reacted positively to (that he was taking proactive steps). (That said, why would the judge say this? Does this mean she thinks the arbitration motion probably won't get approved? Because discovery seems a moot point if arbitration motion is granted.) The lawyer tried to contest that a discovery request had been made (we of course had proof) and handed my husband some paperwork to prove ownership of the account (however, it is not extensive and certainly doesn't address all the items requested in the discovery letter). My husband said that the plaintiff's lawyer was working many other cases that day and that she was very aggressive about contesting when other cases were being adjourned, but was not nearly as aggressive in this case. (Do you think this is because she really didn't have an argument here? .... or something else?)
  8. Yes,ignore any and all letters or calls from them. In general discovery ends 30 days before trial date.
  9. They are bluffing. You'll have to pay the initial fee ($200, or $250) but they'll dismiss at some point after that.
  10. How late in the process can you request discovery?
  11. So, I filed an MTC Arbitration after being sued by Velocity Investments for a Lending Club debt that they claim is now $13,500. They agreed to conditional consent to arbitration. Here is the wording of the conditional consent: "Comes now Plaintiff, by and through counsel, and hereby notifies the Court 0f its conditional consent to an Order dismissing the instant proceeding and referring it to arbitration, so long as Defendant complies With all relevant provisions of the contract, including but not limited t0 Paragraph 17(c) (initiation of arbitration) and 17(d) (payment 0f costs and fees), and so long as Defendant is required to initiate arbitration in timely manner." Here are the paragraphs they are referring to: "c. The party initiating arbitration shall d0 so with the American Arbitration Association (the "AAA") 0r JAMS. The arbitration shall be conducted according t0, and the location 0f the arbitration shall be determined in accordance with, the rules and policies 0f the administrator selected, except t0 the extent the rules conflict with this Arbitration Provision 0r any countervailing law. In the case 0f conflict between the rules and policies 0f the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject t0 countervailing law, unless all parties t0 the arbitration consent t0 have the rules and policies 0f the administrator apply. d. If we (0r LendingClub) elect arbitration, we (0r LendingClub, as the case may be) shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules 0f the administrator selected, 0r in accordance with countervailing law if contrary t0 the administrator's rules. We (0r LendingClub, as the case may be) shall pay the administrator's hearing fees for one full day 0f arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules 0r applicable law require otherwise, 0r you request that we (0r LendingClub) pay them and we agree (0r LendingClub agrees) t0 d0 so. Each party shall bear the expense 0f its own attorneys' fees, except as otherwise provided by law. If statute gives you the right t0 recover any 0f these fees, these statutory rights shall apply in the arbitration notwithstanding anything t0 the contrary herein." I'm a little confused because I thought that they wouldn't want to go into arbitration. What's their strategy here? Obviously, I need to file my arbitration case now. But is there something I'm missing? I'm assuming they are referring to the paragraph d on payment. Do I need to be worried about that? I thought consumer fees were capped with JAMS and AAA.
  12. Yesterday
  13. This ^^^. I love how they quote paragraph one, while leaving out the above. Hopefully some Illini will chime in with correct procedure, but judge messed this one up.
  14. You just have to stand your ground and get a feel for the creditor based upon research. From what I could tell with my research Discover rarely goes below 40%, and I didn't want to (and couldn't) do a 40% lump sum. So we found a way to make it happen. No interest is accruing. These aren't my numbers but here is an example... Say you owed 10k. I paid them 3k lump and then every month I give them ~$42 for the next couple years for a total payment of $4k. IMHO never do any sort of 'payment' plan that is not a true settlement (although the reporting to credit agencies is different and settlements are more damaging). The question you really have to ask yourself are you trying to settle/pay less or do you want to find a way to pay the entire amount.
  15. Anyone have any experience with a motion to reconsider or an interlocatory appeal in Illinois? Any examples of filings? MTC was denied in Small Claims court. Barclays standard provision, see attached. Plaintiff argued, successfully, that the following provision prevented the election of arbitration: Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction, provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. The court held since they filed in court first arbitration was not available. I have attached the the argument they filed in response to my MTC. My reply brief and argument in court was to quickly point out the following: If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial. and Claims regarding the applicability of this arbitration provision or the validity of the entire Agreement, shall be resolved exclusively by arbitration. I filed my MTC first thing in the case, so trial is not close yet. Additionally, I argued that threshold questions as to the applicability of the provision, which they were seemingly arguing, should be resolved exclusively by arbitration. See Krause v. Barclays Bank Delaware, No. 12-cv-1734-MCE-AC, 2013 WL 6145261, at *3-4 (E.D. Cal. Nov. 21, 2013) (determining that the parties had agreed to delegate threshold issues of validity and applicability of the arbitration agreement to the arbitrator). Ultimately, to no avail as the Court denied my motion and asked if the parties could settle. I do believe my argument was correct and the court simply made an error here. Again, just looking for any experiences or advice moving forward. Thanks in advance. Agreement.pdf
  16. Thanks so much to both of you. Yes I am extremely overwhelmed - this is likely not the only lawsuit that will be happening either and BK is not an option at this time. I will post the complaint in the other thread.
  17. The problem is debt validation is no longer an option once you have been sued. Even under California law they were free to ignore it. In this situation settling for less is a better option. Years of post judgment interest could balloon that judgment to $10k fast and then if they garnish you would be paying for years to come.
  18. This is excellent advice. Some places make you go through extreme background checks before hiring. I have been in the situation in which I had to prove that I had no outstanding judgments against me before I could get a job. I even talked personally with Bob Hornick, one of the partners of the RSIEH law firm, and have him send confirmation that I didn’t owe his client any money. The Catch: You can’t get a job until you pay the judgment, and you can’t pay the judgment without a job. Being in an accelerated program leaves you with almost zero free time. Following the steps will take a few hours here and there. And you can very likely win, or at worst delay a judgment until after you have a job. You have to find a way to spend the handful of hours it will take to possibly save your career.
  19. You said plaintiff provided 2 statements with the complaint. What interest rate is stated on them? If they claim that isn't the correct agreement, any other Synchrony agreement from 2017 that you've already looked at has the same arb clause, right?
  20. @Frankie12 Is this the debt from your other thread? I realize this is very difficult for you. It's overwhelming, I'm sure. A judgment on your record may impact your job prospects, so it's to be avoided if possible. If you would post your Complaint on your other thread and use the examples of other Michigan members to draft your Answer, Affidavit and your Motion to Compel Arb (MTC), you have a chance of ending up in a much better situation than if you allow a default judgment. We've helped many people in similar situations and their threads show you a basic step-by-step way to get through this. You don't have to reinvent the wheel, just modify (with help) the templates to reflect your specific case details. You have some time before your Answer with Affidavit is due. Is Sept. 6 your due date? The MTC doesn't have to be turned in at the same time as the Answer, so you have a little more time with that. Many Michigan posters have used the Michigan-modified template to a successful outcome--no guarantees, of course. If you don't at least try, you can't end up in a better place.
  21. Yes and with that income I can begin to pay off the debt. I understand these wages would be garnished. Of course this is not something I want, but possibly something I can’t avoid.
  22. I don’t know it. And I’d hate to use another OC and it would be terms for them to get the judgment on false agreement because the APR is different
  23. Hi everyone, this is my first post please bare with me. I'll try and include all the information I can. I'm in the state of California being sued by "Capital One" with them using Patenaude & Felix as their law firm. The balance they are suing me for is $3100. Long story short I lost my job, and couldn't keep up with the payments. I signed up for the credit card online sometime in 2015,and my last payment was in 2017, I was too far behind, and the minimum payment was beyond what I could afford with interest. A short time after, I lost my house in the Camp Fire, and moved 8 hours away. One day I received my summons. I responded to the summons with a general denial and have asked for debt validation in which I haven't received. After filing my answer with affirmative defenses to the court, I heard nothing for about 4 months. I then got a notice for a case management conference. Shortly after I received a settlement offer from Patenaude for 65% of the debt which ended up being a little over $2000, however it has to be paid in 10 days from now to stand. I Showed up yesterday to court for my case management conference and let the judge know that I haven't received debt validation. The attorney was on the phone with court call, and said he has tried to contact me on the phone with no answer, and sent a settlement offer with no response but wanted to proceed to trial. I then Agreed to trial because i'm supporting my wife and kids as we just had a baby and she has no job. Is it better to settle, or just see what happens in trial? I already am having my wages garnished for child support,along with being head of the household momentarily. One of my friends that practices law told me that if I spent the money, settling for a less amount IS winning. I'm curious to know, Do these guys really go out of their way for 3k? I know they will tack on attorney fees etc adding well over 3k, so if this is the case settlement may be in my best interest.
  24. Do you plan on finding a paid nursing job in the next 10 years?
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