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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 he
  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 an
  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 allege
  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 p
  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-w
  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
  11. My original post is: 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 re
  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
  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 counterclai
  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