fighter81

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About fighter81

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  1. They have no dates on the paper work I was served. Credit report shows opened 2005 defaulted 2011. So I was thinking to just file the BOA agreement that has JAMS because they don't have any dates about the alleged account.
  2. But if I do that would it be allowed because I am choosing arbitration for an account that I deny in my answer? I'm so confused and scared : (
  3. I was going to file a motion to compel private contractual arbitration using the credit card agreement with JAMS. The lawyer did not include any agreement when filing which he should have done so wouldn't the agreement I present be considered valid? BOA used JAMS in 2003.
  4. Do I need to have affirmative defenses or just the answer?
  5. I just received a summons yesterday. I live in will county Illinois and apparently all cases over $10,000 have to do mandatory non-binding arbitration. Plaintiff is FIA card services (I googled them and it said they are bank of america but BOA is not mentioned at all on any of the paperwork) This is what I received: Complaint Now comes the Plaintiff, by and through its attorneys, Blitt and Gaines PC and complaining of the Defendant(s), states as follows: 1. The Defendant(s) utilized a charge account and/or line of credit issued by Plaintiff or its assignors whereby Defendants(s) could charge goods and services to their accout and/or receive cash advances. 2. The Defendants(s) subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due Plaintiff of $10,285.38 3. Due demand has been made on the Defendant(s) to pay this amount and the Defendants(s) have failed to do so. WHEREFORE, Plaintiff prays for judgement against the Defendant(s) in the amount of $10,285.38 plus court costs. I obviously will deny all 3 of these but I don't know the exact wording I should use. Do I need to file an answer with the court? My summons says I have to be in court room # and then it gives a time to answer the complaint. I was thinking I need to file an appearance and answer to the complaints. Also attached were 2 affidavits the first one says: FIA Card Services, N.A. Plaintiff v. me Case no. left blank AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over 18 years old and competant to make this affidavit. I am a Custodian of Records and an authorized Officer of Plaintiff FIA card services, N.A. for the purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occured, by a person with knowledge of acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records. 3. The books and records of Plaintiff show that Defendant(s) opened account with FIA services, N.A., or a predecessor in interest, for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the aquisition of goods, services, or cash advances in accordance with the customer agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Plaintiff show that Defendant(s) is/are currently indebted to Plaintiff on account number (they only list the last 4) for the just and true sum of $10285.38 and that all just and lawful offsets, payments, and credits have been allowed. The customer agreement entered into between the Defendant(s) and the Plaintiff, or a predecesor in interest, also authorizes to recover from Defendant(s) reasonable costs to the extent permitted by law. 5. I declare under penalty of purgery that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Then its signed and notarized by the affiant from North Carolina The second affidavit is ab affidavit as to military service. I was thinking to file a motion to strike this affidavit but I don't know how to write it. I was also thinking I could summons the person from North Carolina. (he won't show up) Can I file both a motion to strike and a summons? That doesn't make sense to summons somone and strike the affidavit at the same time though? If I file a motion to strike affidavit how I will refer it to the first one they arent labeled as "exibit A" or anything. I feel that this affidavit proves nothing. They don't mention the dates of the "so called" account. Should they have to prove it by putting date opened and last date paid? Should they have to prove the "transactions" from zero balance to the $10,285.38? I know there is something called discovery but I'm not sure when this happens. The arbitration is a 2 hour thing and I don't know if I can request it and have it done before the court date. PLEASE help I have posted a link about the mandatory arbitration http://www.willcountycourts.com/index.php?option=com_content&view=article&id=175&Itemid=168