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Everything posted by shellieh98

  1. well for 1, jdb lawyers troll this board. What if he was yours? He would know your every move. 2. Not saying we have any weirdos here, but you still don't want any joe blow calling you, or popping in for a visit.
  2. if you go to JAMS, the most it will cost you out of pocket is 250.00. That being said, if it is Discover that is suing you, they will go, and you will probably lose. you can try to negotiate a lesser amount, but they will have the goods.
  3. colorado WA may have mandatory arbitration, and you do NOT want that, it is a court arbitration, and you will lose. you want to get this out of the WA court. The plantiff will oppose a motin to compel private arbitration, and state WA has an arbitration process. you will need to respond to that asserting your rights with the credit agreement and request JAMS or AAA. Midland will not go, but they will fight to keep it in court.
  4. sample motion. MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND MOTION TO DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant xxxxxx, appearing Pro Se for its Petition to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about XX/xx/xxxx, Plaintiff filed its Complaint against Defendant 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit A attached). 3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (put what your agreement actually says) a) YOU AND WE AGREE THAT EITHER YOU OR WE MAY, AT EITHER PARTY’S SOLE ELECTION REQUIRE THAT ANY CLAIM BE RESOLVED BY BINDING PRIVATE ARBITRATION. ( IF YOU OR WE ELECT PRIVATE ARBITRATION OF A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY. c) YOU OR WE MAY ELECT ARBITRATION UNDER THIS ARBITRATION PROVISION WITH RESPECT TO ANY CLAIM, EVEN IF THE CLAIM IS PART OF A LAWSUIT BROUGHT IN COURT. YOU OR WE MAY MAKE A MOTION OR REQUEST IN COURT TO COMPEL PRIVATE ARBITRATION OF ANY CLAIM BROUGHT AS PART OF ANY LAWSUIT d) CLAIM MEANS ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND OR NATURE BETWEEN YOU AND US. 4. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION et ux, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a 'liberal federal policy favoring arbitration,' Moses H. Cone, supra, at 24, 103 S.Ct. 927, and the 'fundamental principle that arbitration is a matter of contract,' Rent-A-Center, West, Inc. v. Jackson, 561 U.S. ___, ___, 130 S.Ct. 2772, 2776, 177 L.Ed.2d 403 (2010). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts. Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006), and enforce them according to their terms. Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 478, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989). 5.The Defendant elects arbitration with JAMS to settle this dispute. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement. Respectfully submitted this day xxxx, 2017 Me, Defendant, pro se VERIFICATION BY AFFIDAVIT Personally appeared before me, the undersigned, who on oath states that the facts set forth in this MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION are true and correct to the best of (his/her) knowledge and belief. _______________________________________ XXXXXXXXXX, Defendant Pro Se Witness my hand and official seal this the _________ day of __________, _________. (SEAL) ____________________________________ Notary Public My Commission expires: ____ / ____ / ________. I CERTIFY that I mailed a copy of this MOTION to: XXXXXXXXXXXXXXXXX., Plaintiff's attorney Their address By: Your name typed, Defendant Date: __________________, 2017
  5. you can drop 3, you already stated it in 1. Your motion. You basically copied and pasted the credit agreement. Also, take it down, you have your personal information posted on an open forum internet. do it now. I will look for a copy of a motion you can alter to fit that has fed. case law.
  6. So if it is not small claims court, citibank sears has an arbitration clause. in your answer deny all allegations, you can put true to things like your name addy, but everything else you can deny. for a reason you can put there is insufficient information for defendant to admit or deny, therefore denied. Don't give them Anything else. Then in your Affirmative defenses number 1 should be 1. The alleged account carries an arbitration agreement according to the contract. Defendant demands arbitration with private arbitration such as JAMS. 2. Plaintiff lacks standing. Then same day or a day or 2 after, file a motion to compel private contractual arbitration. You can find a copy of the Citibank Sears credit agreement at the CC database Print it out and attach it to your motion. You can search here in infocenter forum for a sample of the motion. Just use key words such as motion to compel private contractual arbitration. You will need to change some things in it to match your credit agreement exactly. If the judge grants your motion, midland will most likely go away, ask you for a mutual dismissal. Study and then come back with questions.
  7. We need a little more information. Have you already been served? Did you answer the summons yet?. Is this your card? Do you recognize those charges? When was he last payment on the account? What did they send you besides a "summary of account"? Did they send any affidavits? There are many folks here from Ca that love to help.
  8. I am so sorry! File that opposition if you can, but in the end it's the least of your worries. BK might be In your future. 😢 Sorry I'm so sad for you
  9. Were u affected by the hurricane? Hope you're safe, wondering how this affects the courts
  10. They are trying to retain jurisdiction with the court, to get out of arbitration. I would file an opposition to having the motion granted, state you have paid your arbitration fees, an arbitrator has been chosen, and you are awaiting on THEM to pay their fees to proceed. The judge just might dismiss it because of their underhandedness. If they tryed to refile, it would be an easy win for you since they refused to arb after your arb motion was granted.
  11. When I filed against some renters, they had a bunch of other people living in the house. I did not know their names, so I filed John and jane Doe 1-50. You could list name, then aka every other name you could think of that would cover her.
  12. Your lawyer is right. Even if they did get a judgement, it would be easily vacated. Let him handle it, that is what he is getting paid to do. and you probably don't have a recourse, they will claim bonafide error seeing how the filing of BK is so close to when they filed. How would they know you filed? they get notified by mail after you file, there wasn't much time.
  13. no, the time to ask for those documents what when they sued you. Your options at this point would be 1. pay the judgement. 2. Negotiate a lesser payment with them. or 3. keep quite, wait it out, and hide your $ so if they try to come after it, they can't get to it. I'm not sure how long judgments are good for in cali, but usually 10 to 20 years in most states.
  14. So it is July when the 1st payment was missed. They got it in just under the wire. But don't worry you can beat them.
  15. ok, from what I can tell it would be best to ask for arbitration if not before, then at the same time. Some Ill case law shows defendants waived their right to arbitration if they didn't ask for it when they filed their answer. So I would file a motion to dismiss, or in the alternative stay cae, and Motion to compel PRIVATE contractual Arbitration. ILL. has their own arbitration process, you want to make sure you do not get caught up in court arb, but private arb with JAMS. There are many examples of that motion on this site, just search it out.
  16. I am not certain, but there was something about Ill. courts and arbitration. Might be best to file the MTC arb in lieu of an answer. Ill look around the rules for ill and see. (something in my brain said there was a problem in answering the suit first, but we will see)
  17. Discover and (deleted) will NEVER back down from arbitration. I've seen them go after people for as little as 500.00. Personally I would never go to arbitration with any original creditor, as they put in the Arbitration clauses as a protection against class actions suits, but take the good with the bad when they collect. Now most OC's (not discover or (deleted) will just sell off your debt to a junk buyer, but the occasional one may be willing to go all the way. Other factors are if you have more than 1 account with them, they are more likely to, and will work to combine the other accounts if they are in collections also. Opposite side of the coin, I've only seen 2 Junk dealers go into arbitration. one lost, and one settled very quickly. Some can't even go because the companies like JAMS or AAA wont let them arb due to owing back money. Or they want all the money upfront. JBD's are not willing to take that chance.
  18. I would leave this alone. You have 6 months until the SOL expires, I wouldn't want to awaken a sleeping giant. After the debt is time barred, then it is time to dispute with the CRA's and try to get it removed. Unless you have a desire to become a lawyer using the credit infocenter crash coarse, I would wait. It is going to stay on your report anyway, wait until it is time barred, then they may lose interest.
  19. So I called them, pretending to be her. They had the total as 796.00 and said they were trying to get a servable address. I talked with my friend and she did not pay them, she tried, but they wanted the whole 300.00, so she didn't pay the 117. Probably could have won if she went to court, but I don't think she was up for it, she confuses easily so I negotiated a settlement for her (lowballed them big time) and they took it! so I think it's probably worth it to her not to have to stress out about it, and she promises to never use pay day loan companies again. Thanks everyone for your input.
  20. No she borrowed 100, paid it back (117) several times. This last time when she went to pay it back they told her she borrowed 300. She didn't, but she did not check her contract. Now they are telling her they are about to file in kern co court, but the court has been trying to contact her. She paid them the 117, not the 300 they say. Now they say it is up to almost 800.00. She borrowed it in Aug. 2016. Fishy, and they called her reference contact several times, don't know what they disclosed but the friend told her she could be arrested. (Eye roll) I told her 1st thing is to find out if a case is filed. My search didn't show anything but I could only get superior court returns.
  21. @calawyer what county are you in? Long complicated story, but might need your expertise- paid of coarse if you are close.
  22. I have a friend in kern co. That was threatened by a payday loan company of a lawsuit. Do you know where she would go to see if a suit has been filed? She lives in Bakersfield. They are trying to claim she owes 3X the amount she borrowed, and paid. I told her to post here, but want to see if there is a pending suit.
  23. Looks like they may have been 7 days to late in filing that suit. Is July 30th the actual date of the payment? or was it earlier than that, and they just posted it on July 30th? You can either fight this the old fashion way, or try going straight for a motion to dismiss due to SOL. Look through your old bank statements to be sure your July 30 date is correct. And make sure the Plaintiff's action was filed on sept. 6, and that is not your serve date.