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  2. And let's not lose site of the only thing that really matters - the plaintiff in this case was ready, willing and able to follow to arbitration. An arbitrator, in a minimal amount of time, found the plaintiff's 22K claim to be valid. So even if OP is the only person in this entire matter that spotted a mix up in case numbers, the absolute best case scenario is that everyone pays for another round of arb and OP ends up with same judgement for 22K. All that any of this has accomplished is to make plaintiff probably much more inclined to head straight to garnishment, rather than offer a payment plan.
  3. Today
  4. If there's one thing I've learned from this board, it's the fact that every move you make needs to be well thought out. The OP never seemed capable of simply describing the issues at hand without being all over the board. As @fisthardcheese pointed out, so much was confusing and unnecessary. The OP was also so preoccupied with the actions of the attorney and the arbitrator, they didn't notice the wheels coming off the train in time to stop it before it flew off the rails. The fatal flaw in this mess appears to be the preemptive filing of an arbitration case involving AAA3K. This is the "squirrel" that kept distracting the OP. They were more focused on what other people were doing, they allowed everything to get away from them.
  5. That does seem to still continue to be the case. OP: See the series of forum posts regarding Bentrud (7th Cir. 2015) beginning here. However, since Bentrud, there have been many FDCPA cases that have survived a motion to dismiss based upon ignoring an "election" of an arbitration clause after a lawsuit has been filed. For example, this recent decision; Destro v Tsarouhis Law Group, 2019 U.S. Dist. LEXIS 48894 (M.D. Pennsylvania, March 25, 2019) (WOLF, BENJAMIN) The above decision has been cited in other cases already, for example Reizner v Pioneer Credit Recovery, Inc et al.
  6. For your answer use the same format as the Plaintiff's Original Petition that you were served with the court and case information on top of the page. DEFENDANT'S ORIGINAL ANSWER Comes now, <your name>, the Defendant in the above styled and numbered cause and files this Original Answer in this action and would respectfully show the following: I. GENERAL DENIAL Defendant generally denies each and every, all and singular, of the allegations set forth in the Plaintiff's Original Petition and demands that the Plaintiff proves same by the preponderance of credible evidence. II. PRAYER Wherefore Defendant requests judgment of the Court that Plaintiff takes nothing from the Defendant and the Defendant be granted any further relief that he <or she> is justly entitled to. (Your name, address and phone number) File it with the court immediately and send a copy to the attorney's office that filed the lawsuit.
  7. So I’m not completely crazy and just seeing things again. 😀.
  8. The Sample MTC is one that had been used on the board for a while before I put the detailed article together and it initially had "Motion to Compel and Stay" in the heading but the prayer for relief had "dismiss or in the alternative stay". I didn't catch this discrepancy when I made the post and just updated it to make it consistent and removed the "dismiss" from the prayer for relief.
  9. Oh, ok. I thought you had “dismiss” in your sample MTC in your arbitration article. Sorry about that.
  10. I wouldn't even mention "dismiss". It just makes a potential mess of things. Both the State and Federal law here requires a stay, so asking for something else is pointless. Not to mention, I like stay much better in these situations.
  11. On the contrary, they have learned from longtime members on this board and previous ones, that something like a demand for arbitration letter is essentially the same as a dispute and to cover the legalities a verification of debt is sent. They are not obligated to do anything else unless you file an arbitration case and subsequent PTC in Federal Court.
  12. Immediately send the attorney a copy of what you have already filed in court!! Do it right now.
  13. Seems like you are continuing to dig yourself into a hole making this way more confusing and unnecessary. I don't know why you would include Unifund on an email to AAA where you are telling AAA they made fatal errors in the case. But I don't know anymore. Everything has been done so wildly different than I would ever do.
  14. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm 3. How much are you being sued for? $1,400 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank (HSN) 5. How do you know you are being sued? (You were served, right?) Served papers / Civil Citation from JP court 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? Received several collection letters - never responded 9. What state and county do you live in? TX/Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) November 12, 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? September 5, 2016 12. What is the SOL on the debt? To find out: Still within SOL 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Unknown - does not show up on site 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? 14 days from date of service - served 3 days ago / No interrorgatory 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence sent just the original petition. No exhibits 18. How did you find out about this site? Google Search
  15. I knew I was right about the bill of sales.
  16. Yesterday
  17. Thanks again...I'm just a nervous Nelly...I'll report back if anything comes of it...I double checked the online court dockets for the last three counties just to be sure and still didn't find anything
  18. Ok, I am pretty sure I have it all figured out now. Thanks everyone for your help!! I can't thank you enough. I would have been so lost had it not been for this site! I feel like I was on the Truman show. This was so bizarre.
  19. It is a standard response. Your demand for arbitration is meaningless until they sue you and you motion to compel it or you file arbitration now and when they ignore you go to Federal Court and file a motion to compel arbitration. There is ZERO case law that invoking arbitration in a letter and them ignoring you and suing anyway is an FDCPA violation.
  20. On June 14, i demanded arbitration with LVNV through email correspondence in which an entity called Trueaccord, on behalf of LVNV attempted to collect. Today, i received a letter from Resurgent Capital Services LLC, regarding that notice. RCS did their boiler plate response by sending a copy of Account Summary Report and said that verifies the debt regarding my inquiry. Are that that stupid, to treat a demand for arbitration to settle all disputes arising out of the written agreement as a verification of debt?
  21. @fisthardcheese Deleted my big long post and adding where I think I am at in the case. I clearly have the stuff in court showing court case going into arbitration and AAA closing. Now I also have $22K award against me which you had mentioned before about taking to federal court to recover personal damages. The rules about the arbitrator correcting clerical, typographical and mathematical error says I would file a motion to amend, she has time to respond then it gets sent to the arbitrator. So should I just file a motion to amend, asking her if she is willing to have the arbitrator reverse the $22K award from in favor of Respondent to in favor of Claimant to save time and the extra costs she would incur if I have to get a lawyer and file suit in federal court to recover these personal damages?
  22. @fisthardcheese I have combed through the AAA rules. Since this is a huge mess, I can't figure out if the arbitrators' hands are really tied and won't be able to correct or what. I was simply asking to correct the 22K award in favor of Unifund since the arbitrator didn't have authority to make an award on that account. AAA rules DO say both parties must agree to an appeal. I can see in the AAA webfile that the evidence I attached as proof the arbitrator did not have authority to make a ruling in favor of Unifund for the $22K is now in the hands of the arbitrator and filed as Motion to correct. Obviously, I won't know anything until we here back from the arbitrator. I don't know if he will simply vacate the $22K award or if he has authority to change his entire award. He awarded me $500 for half of my FDCPA violation for continuing to collect on a disputed debt by continuing to send letters. But he said since this doesn't seem like a common practice of Unifund because 22K never shows I disputed a debt. The phone call thing (for the FDCPA and TCPA violations) was ruled not in my favor. He said he is more convinced by Unifund's employee's sworn testimony (said call center does not make outbound calls, has never been associated with Alltran) and the attachment showing Alltrans document from Secretary of State website. **** My sworn testimony in original brief these calls were from Unifund, screenshots from my phone showing these calls lined up exactly with them starting the same day as the post mark date on the envelope they sent when they "verified" my debt and stopped the same day my certified letter was date stamped they received my Demand for Arbitration. Then in my reply to her response included my sworn testimony was doesn't matter who owns the phone number right now, at the time of these calls these were made in connection to collect for Unifund. When I called this number back I said I received a phone call from this number so I was calling back to see to see who this was, person said we do not make outbound calls, I said well how do I have a call from this number and she explained they have lots of different phone numbers that make the outbound calls and they all go back to this call center when you call them back and then how they she said they collect on behalf of Unifund. I then said if there were anymore questions about the phone calls, I ask Unifund to provide phone logs of any outgoing/incoming calls in question, including any 3rd party, automated dialing system and so on. So now I am realizing MY award would be higher than $500 he knew he did not have authority to rule on account. So now that I realize this is in fact an appeal I should be asking for and she is not agreeing as AAA rules say both parties must agree. I will have to wait to see what the arbitrator can do about it since he can't change the merits of any award. BUT I still hold the trump card because even though AAA rules say both parties must agree to an appeal, the cardholder agreement (which obviously citi placed to help them out in arbitration) states any award by an arbitrator is final unless a party appeals in in writing to AAA within 30 day. The arbitration appeal shall be determined by a panel of 3 arbitrators. So I guess I will see what the arbitrator fixes then file an appeal and attach my cardholder agreement and she will be forced to pay for a 3 arbitrator panel. ($2500 for each arbitrator, $1775 case management fee) So then she will be forced to pay another $9275 for an appeal. Then I can offer her a settlement asking for $X to drop my appeal?
  23. So what if they see all that. That will not change the fact that the only legal thing they can do with the debt at this point is ask nicely for payment. They cannot sue you and they cannot put the debt onto your credit report. Now, if you wish to pay on the debt because you feel it is the morally correct thing to do, you can do that. Just make sure to get an agreement stating that any payment on the debt is settlement in full and that is the final payment. Otherwise you will reset the SOL and they can come after you again. Otherwise, if they ask and you have no intentions of paying, just tell them that you refuse to pay the debt. Keep is short and sweet. You do not have to tell them why you refuse and you do not have to inform them of their obligations. They already know or should know what their obligations are. Also, they cannot just conjure up a judgement from nothing if none exists. They still have to go to court and hope you ignore the summons and do not bring up SOL. They take a big risk though because if you know what is going on and answer, you can bring a FDCPA violation against them.
  24. There was no note of levity in your post. In fact, it was quite the opposite. We want to help, but your content will be moderated. Based upon your thread, debt validation is not an issue. !
  25. My admission of a motive of procrastination does not affect the sincerity and value of my comments about civility otherwise. My attempt at ending on a note of levity after making my point well enough is no reason for a sentence of death. Should I have added a smiley maybe?
  26. What does your procrastination with the lawsuit against you have to do with your response on this thread? You would mislead others in an unrelated issue because you’re procrastinating in your own case? Please give me a reason to NOT ban you.
  27. Okay, look, the real reason I chimed-in is because I'm procrastinating. I'm here because I should be researching my brief. Don't think me ungrateful for your feeding of my needs.
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