amyw

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About amyw

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  1. May I have some suggestions on how to finalize the agreement? I have been told by the JDB that I need to sign it and the send it to the JDB, after which the JDB will sign and send it back to me... Just wanna check whether this is the typical way to finalize the settlement agreement... Thanks!
  2. Thank you for the suggestions and support! A little more detail: We did go to arbitration and we are still in arbitration in fact. I even answered the Requests for admission etc. and sent JDB my own. Now JDB is asking to settle the case in arbitration, agreeing to dismiss the case with prejudice in court and to pay me. I am negotiating with them about the terms in the agreement. I understand the payment I will receive from JDB will be subject to 1099, but I am trying to avoid 1099-c for the alleged debt, unless they agree to pay me more. Meanwhile, I have been prepared to go to hearing in arbitration and even appeal in arbitration, if we could not finalize the settlement agreement in time. Not afraid of the JDB at all!!!
  3. Thanks for all the suggestions! A quick update: JDB has asked for settlement, and offered to pay me. still working on the agreement, especially the 1099-c issue. Any suggestions will be appreciated!
  4. Thanks for the replies! Here is the language that I feel is related to this issue from the arbitration provision: What Claims are subject to arbitration? ... This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or other wise; and Claims made independently or with other claims. Whose Claims are subject to arbitration? Not only our and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy. Thanks!
  5. I had included the JDC's attorney as one respondent in arb, and the attorney filed a motion to dismiss this ... Is there any case law I can use to oppose the motion? Or should I be prepared to lose in terms of this motion (in arb) and have to file a FDCPA violation against the attorney at the federal court?
  6. Thank you guys so much for your suggestions! The amount is a little over 10K. I have requested in-person hearing and will insist this in the preliminary hearing. Right now, I am planning the following: - Objection to the affidavits provided by the JDB (from the exhibits on bill of sale etc.) - Discovery procedure: I do include FDCPA violations in my claims. Usually what is the typical procedures to support my claims in the discovery procedure? Should I just have interrogatories? Are there any interrogatories samples for me to look for? My point is to show that the alleged account is time barred and the JDB and the attorney has misrepresentations about the status and also lied about arbitration (since they originally claimed that it is unenforceable) - I guess I will also need to do more research on this board to attach the JDB's evidence, including standing etc. Do I file motions to do so? Objection to certain evidence? or Motion to strike evidence? Thanks again!!! Really appreciate all the help!
  7. I am currently in AAA with a JDB. Surprisingly, JDB paid the fee so we have started the process. Today I got the notification today that arbitrator has been appointed and we (me and JDB) have about one week to raise objections if any. Meanwhile, we are also asked to start scheduling a preliminary hearing. I have some questions and hope to get suggestions. Thanks in advance! 1. About the arbitrator: I did not see any specific problems with the arbitrator, but this may also because I really do not see what to look for... Anything I should pay attention to? 2. What should I prepare for the preliminary hearing? -- A brief oral statement about my claims? -- Stipulate the choice of law of the contract and how to do it? -- Ask for the schedule and format of the discovery? Will I do it via interrogatories, requests for production etc.? 3. I have to say that the entire procedure has been quite stressful, and I am considering how this will end. I know that many cases in arb end up with settlements. If so, when is the best time to raise this? Should I raise it? or should I wait for the other party? When? Is it now a good time to do it? Thanks and Happy holidays!
  8. Thank you for such quick replies!!! I will initiate and send the court a copy of filed case. Will keep updating. Let's see what JDB will do after I initiate arb.
  9. Thank you all for your suggestions! The motion hearing went OK. My motion is sustained and the JDB's motion for an order to find arb unenforceable is overruled. The court now has ordered both parties to proceed in arb but does not specify who initiate. I am considering 1) I initiate it or 2) I send JDB's attorney an mail asking them to initiate. I feel 2) may be better, because I may then have evidence that I do have urged them to do it. If they do not start in say, one week, then I can initiate myself. Of course, the ideal case is that they come to me with a reasonable settlement/mutual-walkaway, but I don't know whether now is the time for me to contact them asking for settle. Any suggestions are welcome. Thank you!
  10. First, I would like to thank everyone for your suggestions! I wish I could have good news but unfortunately I didn't.... We have not got a settlement. After the 30-day window, I called the clerk, and was told that I had to file a motion to request another hearing since now we have a different judge... I also filed arb with AAA; the agreement only lists NAF and AAA, but NAF is dead. Today I got the letter from AAA, stating that it will not administer this case since JDB has not complied to its request and rules. Exactly that kind of letter many people have received.... Now my hearing is coming up later this month. What should I do? Can the JDB attorney use the AAA's letter to argue that arbitration is unenforceable? Will the judge decline my motion because of this letter from AAA? Any suggestions are welcome! Thank you in advance!
  11. My original post is: http://www.creditinfocenter.com/community/topic/325853-sued-by-jdb-in-ohio-questions-on-sol/#entry1320933 I ended up filing MTC Arb since SOL can be complicated for my case, and just got back from a motion hearing. I insisted that I am entitled for arbitration. JDB's attorney did show up, but his argument is nonsensical: he said that JDB don't want to initiate arb since it is expensive, costing them $2K, and they are also afraid that I won't pay the fee... the judge gave us 30 days, but also said he won't disagree that I am entitled for arbitration. If no agreement is reached after 30 days, the judge will rule on my motion. After the hearing the attorney came to me, asking for settlement. I asked him to draft an agreement for mutually walk-away if they pay me some hundreds (since they made some false statements), and meanwhile made it clear that I won't pay them anything. He said that her company will consider and get back to me, which I assume is a good sign, right? Now I hope to get some suggestions on the settlement/walk-away agreement: 1. I plan to request the case to be dismissed. I know that many said that DWP is most important, but for my case, I am not sure whether DWP or DW/O P will make any difference, since if they do re-sue, I can elect arb or also counterclaim and ask for potential statutory damages. Does this sound reasonable? 2. I worry more about the 1099c. How should I request the JDB not to issue 1099c in the settlement agreement? 3. I did some research on how to avoid 1099c, and found people said different things: a) Some said that the settlement agreement should state that the account is paid in FULL so nothing is forgiven or cancelled. Will this work or will this make me admit to own the alleged account or alleged debt which is bad? b ) Some other said that it should state that the account/debe is in dispute and not validated. So if 1099c is issued, I can dispute with IRS saying that the debt is not validated. c) I even found in one thread that someone said the DW/OP will not result in issuing 1099c, though I really don't understand why DW/OP would help. 4. I also plan to request deletion of tradeline. Is it OK? How should I phrase it in the agreement? Anything else I need to ask? Or anything I need to be careful... after all, I am against a JDB. I would also appreciate if there is any good strategies for getting this done. Thanks for any suggestions!
  12. Hi I just filed Motion for arbitration, and am now preparing the answer and affirmative defenses. I will post the complaint and my draft of answer and affirmative defenses below. Any critique is welcome! BTW, the case is in Ohio. My questions are: 1. Should it be better to just state "Denied" in the answer? I saw various wordings in denying... but not sure which I should use. 2. How do my affirmative defenses look like? I do want to emphasize arbitration and SOL. (I will not include counterclaim since adding it probably may waive my arbitration right) 3. As for SOL, the alleged card is from Citibank. Do I need to include in the answer statements to show the last payments/purchases, or just leave it as it is now? 4. Together with my answer and affirmative defenses, I will also include Exhibit A for card agreement, affidavit (saying this is the operative agreement), and certificate of service. Is there anything else I should include? Thank you all in advance!!! Complaint: 1. Plaintiff is the owner of the Defendant's citibank account, account number... See attached Exhibit A (bill of sale) 2. By use of the account, the Defendant became bound by the Account's agreement. 3. Defendant breached the agreement by failing to make payment 4. The amount now due and owing is $xxxx. Copies of statements are attached as Exhibit B. 5. Although demand has been made upon the Defendant to liquidate the balance due and owing, the Defendant failed to do so. My answer: Now comes the Defendant, PRO SE, and submits the answer and affirmative defenses to the allegations contained in the Plaintiff's Complaint. ANSWER 1. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 2. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 3. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 4. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. 5. Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the corresponding averment. Consequently, this averment is denied and strict proof demanded. AFFIRMATIVE DEFENSES 1. This Court lacks jurisdiction due to Defendant electing private contractual arbitration as provided in the card agreement (Exhibit A) for the alleged account. 2. Plaintiff, as the Defendant is informed and believes, lacks the legal standing to bring and maintain this action. 3. Plaintiff’s action is time barred by either applying Ohio’s six-year statute of limitations for oral contracts in R.C. 2305.07 or applying the borrowing statute R.C. 2305.03( and the choice of law provision in the card agreement for the alleged account (Exhibit A) specifying application of South Dakota law with six-year statute of limitations. 4.Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account). 5. Defendant reserves the right to submit counterclaims that may become applicable and/or available at a later time, (for example, if a real party in interest is established for alleged account) including, but not limited to, violations of the Federal Truth in Lending Act, the Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. Respectfully submitted, My signature My name address
  13. Thanks, everyone!!! With the summons, JDB attached: -- bill of sale and affidavit; of course, none of these mentioned my name or account number -- several credit card statements; these statements in fact clearly shown when the last activity was. I will start contacting attorneys. Meanwhile, in case no one will take my case, I will read the threads related to cases in Ohio and start preparing my answers. I assume that it will be OK for me to use affirmative defense to argue that SOL passed and file a counterclaim that the JDB violates FDCPA. Will need to figure out how to do a counterclaim, though. Any advice will be welcome!!! Thanks again!
  14. Thanks for the help!!! Really appreciate it! Should I then just file my answer mentioning SOL in affirmative defense? OR should I file a motion to dismiss using SOL? Or should I do both?
  15. Yesterday I got the summons from a JDB. It is about a citi credit with last activity in 01/2009. I have a few questions related to SOL, and will really appreciate everyone's help and suggestion: 1. The SOL in South Dakota is 6 years. However, in Ohio, some say it is 6 years, but there are also statement that credit card is considered written agreement so SOL in Ohio is 15 years . I would appreciate if anyone can help me to figure out this SOL for credit card in Ohio, especially if there are any case laws.... 2.Even if SOL in Ohio is 15 years, or if it would be difficult for me to argue SOL in Ohio court, can I use a CITI card agreement to argue that the SOL in South Dakota should apply, since the agreement states that the law in South Dakota governs it? 3. If I go with arbitration, can I win simply because SOL has passed? 4. I can only find a CITI card agreement in 2009, would anyone have agreement between 2005 and 2009? Or the 2009 agreement can work in my case? Thank you for any comments/suggestions!!!