Just Me Asking

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  1. Question: Does the "original creditor" have standing to bring legal action against a borrower, if, the student loan borrowers accounts are bundled with other student loans, that were originated around the same time, and they were sold, assigned, conveyed and transferred and ultimately were then used as collateral for security Class Notes offered by SLABS, to prospective investors? Who is now the owner of these loans? Would it now be the investors who are the holders/owners of these loans. Does the original creditor have standing to sue? Thank you for your response.
  2. Okay, I hear you Clydesmom so, I simply told my co-worker that maybe he should just come onto this site and post his questions. I do not have full knowledge of his situation. Thanks People!
  3. Anything? Anyone? 7 views & nothing? Hmmm...... anything would be helpful
  4. Asking for a coworker. Question: 1st attorney did not get or do discovery, and summary judgment was granted against defendant. Defendant hired 2nd attorney and got the judgment vacated. Time has passed and judge agreed that defendant cannot ask for discovery due to fault of 1st attorney & time limit. Now it is time for trial. So my question is, what ammunition if any, can defendant use to help fight his claim besides forcing the burden of proof back onto the plaintiff. Any suggestions would be helpful.
  5. To Helpme389 - I had the same situation as you in NJ. Hopefully I am not to late in responding. Let me know if you still have time to file & I will forward to you my pleading which you can use. I Won my case with no problem. It was a cinch! Reply to me and let me know if you would like me to forward my documents to you.
  6. "Fair" Ha ha! gotcha, I meant Legal. Borrower was not behind in payments just struggling to make payments and before Borrower was to make payment Borrower decided to call and see what would it entail if Borrower gave back vehicle. All that was told to Borrower is if voluntary they would save towing, pick up fees, etc. if Borrower dropped it off. Borrower met w/representative and turned car over & was not charged fees for this. Breakdown shows all & total due & owing per receipt $3,000. < (rough estimate I'm posting here) Then after sale, not before agreeing to drop it off nor anytime before sale was Borrower advised there would be a Charge off. Borrower noted date of charge-off was 2 days after Borrower turned it over & 10 days before sale no where on breakdown of receipt did it say anything about a charge-off. How can it be legal to just throw a charge-off on an account when it was never discussed and payments were not behind. Although there was a verbal agreement to turn over & pay balance, at no time was a charge off on account was ever discussed or mentioned. Now the Borrower cannot buy another inexpensive vehicle as dealers all tell Borrower, that Borrower's credit is shot w/the $11,740. charge-off on credit report.
  7. Any suggestions would be helpful. If someone voluntarily calls Wells Fargo Bank tells them they cannot afford vehicle any longer and what would the procedure be to return it. Wells Fargo says it would be a voluntary repossession, then they would take back vehicle, attempt to sell at auction and any balance remaining they did not get from sale would be owed by the Borrower. Now, Wells Fargo checked out the vehicle & said they probably would get close to what was owed as it was practically brand new & in great condition. The Borrower returned the vehicle April 10, 2014 and it was set for auction on April 22, 2014. They owed $24,000. & it was sold at auction for $21,000. Wells Fargo called Borrower and told Borrower balance due was $3.000. Borrower was ecstatic and asked if they could pay balance due via debit card over phone. Wells Fargo said wait till paper work came in. Two weeks later Borrower called Wells Fargo to settle the $3,000. balance due and it was then Wells Fargo said even though Borrower was paying balance off from auction ($24,000 amt. owed - $21,000. sale amount - $3,000. balance due) there was still going to show a Charged Off of $11,740.00. on April 12, 2014. Borrow said WHAT?!? No! What Charge off? Balance due was $24,000. it was sold within 12 days, and if Wells Fargo received $21,000. for sale at auction, & Borrower was willing to pay the balance of $3,000. as agreed, where and why and how was there a charge off? Wells Fargo said that is how they do things & they have to reflect the charge off. Borrower was fuming saying NO there should have not been a charge off b/c it was verbally agreed to voluntary repossession and they would pay balance. Now Borrow refuses to pay the balance of $3,000. off unless they erase the charge off, Wells Fargo refuses to erase charge-off. How the hell-0 can there be a charge off for $11,740.00 in 2 days after giving vehicle back and when vehicle sold 12 days after giving it back & when it was agreed to pay the balance? Now Borrower has on their credit report Charge Off- $11,740. Balance due $3,000. Wells Fargo said Charge Off will remain on Credit report for 7-10 years even if $3,000. is paid in full. Doesn't make sense for Borrower to pay Charge-Off b/c it would be senseless as it will show there was a Charge-Off that never should have been. How is this fair and is there anything that can be done b/c there should never have been a charge off and it was never agreed to. Is there anything Borrower can do to get this Charge-Off their credit report? Thanks for any advice.
  8. Any suggestions would be helpful. If someone voluntarily calls Wells Fargo Bank tells them they cannot afford vehicle any longer and what would the procedure be to return it. Wells Fargo says it would be a voluntary repossession, then they would take back vehicle, attempt to sell at auction and any balance remaining they did not get from sale would be owed by the Borrower. Now, Wells Fargo checked out the vehicle & said they probably would get close to what was owed as it was practically brand new & in great condition. The Borrower returned the vehicle April 10, 2014 and it was set for auction on April 22, 2014. They owed $24,000. & it was sold at auction for $21,000. Wells Fargo called Borrower and told Borrower balance due was $3.000. Borrower was ecstatic and asked if they could pay balance due via debit card over phone. Wells Fargo said wait till paper work came in. Two weeks later Borrower called Wells Fargo to settle the $3,000. balance due and it was then Wells Fargo said even though Borrower was paying balance off from auction ($24,000 amt. owed - $21,000. sale amount - $3,000. balance due) there was still going to show a Charged Off of $11,740.00. on April 12, 2014. Borrow said WHAT?!? No! What Charge off? Balance due was $24,000. it was sold within 12 days, and if Wells Fargo received $21,000. for sale at auction, & Borrower was willing to pay the balance of $3,000. as agreed, where and why and how was there a charge off? Wells Fargo said that is how they do things & they have to reflect the charge off. Borrower was fuming saying NO there should have not been a charge off b/c it was verbally agreed to voluntary repossession and they would pay balance. Now Borrow refuses to pay the balance of $3,000. off unless they erase the charge off, Wells Fargo refuses to erase charge-off. How the hell-0 can there be a charge off for $11,740.00 in 2 days after giving vehicle back and when vehicle sold 12 days after giving it back & when it was agreed to pay the balance? Now Borrower has on their credit report Charge Off- $11,740. Balance due $3,000. Wells Fargo said Charge Off will remain on Credit report for 7-10 years even if $3,000. is paid in full. Doesn't make sense for Borrower to pay Charge-Off b/c it would be senseless as it will show there was a Charge-Off that never should have been. How is this fair and is there anything that can be done b/c there should never have been a charge off and it was never agreed to. Is there anything Borrower can do to get this Charge-Off their credit report? Thanks for any advice.
  9. Hello @shellieh98 @fisthardcheese @debtzapper Okay this is what happened. My motion was sent back to me b/c in NJ you have to have the 10 day rule written into the Notice of Motion which I did not, so clerk told me to just insert & refiled & I did and it was accepted. Now waiting to see if my Motion to Compel Arbi and/or Dismiss is granted. So my next step is to file w/JAMS after I get a response on my Motion <<<< is this correct? You guys have be absolutely fantastic and I really do appreciate your assistance.
  10. Hello Everyone! Okay now I'm confused. I Filed my Answer to Complaint (hand delivered) January 19, 2016. Done All Is Good! Then I filed (via mail) my Motion to Compel Private Contractual Arbitration and Dismiss or in the Alternative To Stay Proceedings Pending Arbitration on January 24, 2016 together with Order for the Judge, together with 2 self addressed envelope for both the time-stamped Motion & Order to be returned to me. My Motion was returned to me because I forgot to include the check for the filing fee. So I refiled (via mail) original and copy of Motion together with the Order for the Judge & of course my check for filing fee & return envelopes. I received today in the mail 2 yellow postcards one dated January January 21, the other January 25, advising me a Non-Jury Trial has been scheduled for end of March. I also received back both of my Motions to Compel (the original for filing & my copy to be returned to me together with the Judge's Orders (both unsigned by Judge) all back in the same self-addressed envelope. Only one copy of my Motion to Compel was time-stamped January 25th...... BUT >> They did not return my check. So my question is why would the court return both the original plus the file copy back to me together with both Orders unsigned by Judge and not keep the original one for filing? I thought the court would keep one copy of Motion & Order and just return a time-stamped copy back to me. Does this mean my Motion was not filed? Does this mean Judge did not get my Order to Compel/Dismiss? What happens now? Totally confused. Thank you for listening and any, if you could, any insight, I would really appreciate. Thank You!
  11. Hello Everyone! Where did everyone Go?? Hopefully I can hear from someone today , as I need to file my Motion to Compel Arbitration and wanted to know if I did it correctly. If there is anyone who can take the time to read it, I would be so appreciated. I really want to do this right. Please advise if I am good to go if you can. Thank you so much for all your expertise & knowledge you have all offered. You all have been so helpful! I will attach again without a link but with copy paste if that is more appropriate for you to take a look. I had to make alterations in my Motion to Compel because I found errors in the linked I previously posted. Thanks again for your responses. XXXXXXXX XXXXXXXXXX XXXXXXXXXXX, NJ XXXXX 000-000-0000 Pro Se ____________________________________ LVNV FUNDING, LLC., As Assignee of : NEW JERSEY SUPERIOR COURT Credit One Bank, N.A. : LAW DIVISION Plaintiff : CAMDEN COUNTY : SPECIAL CIVIL PART : DOCKET NO: DC-xxxxxxxxxxxx vs : NOTICE OF MOTION TO COMPEL : PRIVATE CONTRACTUAL : ARBITRATION AND DISMISS OR IN : THE ALTERNATIVE XXXXXXXXXX : TO STAY PROCEEDINGS PENDING Defendant ; ARBITRATION NOW COMES Defendant, XXXXXXXXXXXX appearing Pro Se for its Notice of Motion to Compel Private Contractual Arbitration and Dismiss or in the Alternative to Stay Proceedings Pending Arbitration. 1. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement. ARBITRATION PLEASE READ THIS PROVISION OF YOUR CARD AGREEMENT CAREFULLY. IT PROVIDES THAT EITHER YOU OR WE CAN REQUIRE THAT ANY CONTROVERSY OR DISPUTE BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. IN ARBITRATION, YOU MAY CHOOSE TO HAVE A HEARING AND BE REPRESENTED BY COUNSEL. Agreement to Arbitrate: You and we agree that either you or we may, without the other’s consent, require that any controversy or dispute between you and us (all of which are called “Claims”), be submitted to mandatory, binding arbitration. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and (to the extent State law is applicable), the State law governing this Agreement. Claims Covered: •Claims subject to arbitration include, but are not limited to, disputes relating to the establishment, terms, treatment, operation, handling, limitations on or termination of your account; any disclosures or other documents or communications relating to your account; any transactions or attempted transactions involving your account, whether authorized or not; billing, billing errors, credit reporting, the posting of transactions, payment or credits, or collections matters relating to your account; services or benefits programs relating to your account, whether or not they are offered, introduced, sold or provided by us; advertisements, promotions, or oral or written statements related to (or preceding the opening of) your account, goods or services financed under your account, or the terms of financing; the application, enforceability or interpretation of this Agreement, including this arbitration provision; and any other matters relating to your account, a prior related account or the resulting relationships between you and us. Any questions about what Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. • Claims subject to arbitration include not only Claims made directly by you, but also Claims made by anyone connected with you or claiming through you, such as a co-applicant or authorized user of your account, your agent, representative or heirs, or a trustee in bankruptcy. Similarly, Claims subject to arbitration include not only Claims that relate directly to us, a parent company, affiliated company, and any predecessors and successors (and the employees, officers and directors of all of these entities), but also Claims for which we may be directly or indirectly liable, even if we are not properly named at the time the Claim is made. • Claims subject to arbitration include Claims based on any theory of law, any contract, statute, regulation, ordinance, tort (including fraud or any intentional tort), common law, constitutional provision, respondeat superior, agency or other doctrine concerning liability for other persons, custom or course of dealing or any other legal or equitable ground (including any claim for injunctive or declaratory relief). Claims subject to arbitration include Claims based on any allegations of fact, including an alleged act, inaction, omission, suppression, representation, statement, obligation, duty, right, condition, status or relationship. • Claims subject to arbitration include Claims that arose in the past, or arise in the present or future. Claims are subject to arbitration whether they are made independently or with other claims in proceedings involving you, us or others. Claims subject to arbitration include Claims that are made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise, and a party who initiates a proceeding in court may elect arbitration with respect to any Claim(s) advanced in the lawsuit by any other party or parties. Claims subject to arbitration include Claims made as part of a class action or other representative action, and the arbitration of such Claims must proceed on an individual basis. • If you or we require arbitration of a particular Claim, neither you, we, nor any other person may pursue the Claim in any litigation, whether as a class action, private attorney general action, other representative action or otherwise. • Claims are not subject to arbitration if they are filed by you or us in a small claims court, so long as the matter remains in such court and advances only an individual claim for relief. Initiation of Arbitration: The party filing an arbitration must choose an arbitration administrator. Arbitration administrators are independent from us, and you must follow their rules and procedures for initiating and pursuing an arbitration. If you initiate the arbitration, you must also notify us in writing at Credit One Bank, P.O. Box 95516, Las Vegas, NV 89193-5516. If we initiate the arbitration, we will notify you in writing at your then current billing address or (if your account is closed) the last address we have on file for you. Any arbitration hearing that you attend will be held at a place chosen by the arbitrator or arbitration administrator in the same city as the U.S. District Court closest to your billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of the arbitration administrators, and other related materials, including forms and instructions for initiating an arbitration, by contacting the arbitration administrators as follows: American Arbitration Association, JAMS 335 Madison Avenue, Floor 10 1920 Main Street, Suite 200 New York, NY 10017-4605 Irvine, CA 92614-7279 Web Site: www.adr.org Web Site: www.jamsadr.com Procedures and Law Applicable in Arbitration: A single arbitrator will resolve Claims. The arbitrator will either be a lawyer with at least ten years experience or a retired or former judge. The arbitrator will be selected in accordance with the rules of the arbitration administrator and will be neutral. The arbitration will be conducted under the applicable procedures and rules of the arbitration administrator that are in effect on the date the arbitration is filed unless this arbitration provision is inconsistent with those procedures and rules, in which case this Agreement will prevail. These procedures and rules may limit the amount of discovery available to you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, and will honor claims of privilege recognized at law. The arbitrator will take reasonable steps to protect customer account information and other confidential information, including the use of protective orders to prohibit disclosure outside the arbitration, if requested to do so by you or us. The arbitrator will have the power to award to a party any damages or other relief provided for under applicable law, and will not have the power to award relief to, against, or for the benefit of, any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Upon a request by you or us, the arbitrator will provide a brief statement of the reasons for the award. Costs: If we file the arbitration, we will pay the initial filing fee. If you file the arbitration, you will pay the initial filing fee, unless you seek and qualify for a fee waiver under the applicable rules of the arbitration administrator. We will reimburse you for the initial filing fee if you paid it and you prevail. If there is a hearing, we will pay any fees of the arbitrator and arbitration administrator for the first day of that hearing. All other fees will be allocated in keeping with the rules of the arbitration administrator and applicable law. However, we will advance or reimburse filing fees and other fees if the arbitration administrator or arbitrator determines there is other good reason for requiring us to do so, or we determine there is good cause for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, except that the arbitrator shall apply any applicable law in determining whether a party should recover any or all expenses from another party. No Consolidation or Joinder of Parties: All parties to the arbitration must be individually named. Claims by persons other than individually named parties shall not be raised or determined. Notwithstanding anything else that may be in this arbitration provision or Agreement, no class action, private attorney general action or other representative action may be pursued in arbitration, nor may such action be pursued in court if any party has elected arbitration. Unless consented to by all parties to the arbitration, Claims of two or more persons may not be joined, consolidated or otherwise brought together in the same arbitration (unless those persons are applicants, co-applicants or authorized users on a single account and/or related accounts or parties to a single transaction or related transactions); this is so whether or not the Claims (or any interest in the Claims) may have been assigned. Enforcement, Finality, Appeals: You or we may bring an action, including a summary or expedited motion, to compel arbitration of Claims subject to arbitration, or to stay the litigation of any Claims pending arbitration, in any court having jurisdiction. Such action may be brought at any time, even if any such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Failure or forbearance to enforce this arbitration provision at any particular time, or in connection with any particular Claims, will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims. Any additional or different agreement between you and us regarding arbitration must be in writing. Within fifteen days after an award by the single arbitrator, any party may appeal the award by requesting in writing a new arbitration before a panel of three neutral arbitrators designated by the same arbitration administrator. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel, or an award by a single arbitrator after fifteen days has passed, shall be final and binding on the parties, subject to judicial review that may be permitted under the FAA. An award in arbitration will be enforceable as provided by the FAA or other applicable law by any court having jurisdiction. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, nor on the resolution of any other dispute or controversy. Severability, Survival: This arbitration provision shall survive: (i) termination or changes in the Agreement, the account and the relationship between you and us concerning the account; (ii) the bankruptcy of any party; and (iii) any transfer or assignment of your account, or any amounts owed on your account, to any other person. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. 3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: (see full Credit Card Agreement attached at Exhibit A). 4. The Defendant elects arbitration to settle this dispute in JAMS. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Card member Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending the outcome of the contractual arbitration. Respectfully submitted this day January 21, 2016 ______________________________________ XXXXXXXXXXXXX , Pro Se I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false I am subject to punishment. ____________________________________ XXXXXXXXXXXX, Pro Se XXXXXXXX XXXXXXX XXXXXXXX NJ XXXXXX 000-000-0000 Pro Se ____________________________________ LVNV FUNDING, LLC., As Assignee of : NEW JERSEY SUPERIOR COURT Credit One Bank, N.A. : LAW DIVISION Plaintiff : CAMDEN COUNTY : SPECIAL CIVIL PART : DOCKET NO xxxxxxxx-15 vs : CERTIFICATION IN SUPPORT OF : MOTION TO COMPEL PRIVATE : CONTRACTUAL ARBITRATION AND : DISMISS OR IN THE ALTERNATIVE XXXXXXXX : TO STAY PROCEEDINGS PENDING Defendant : ARBITRATION NOW COMES Defendant, XXXXXXXXXXXX appearing Pro Se for its Certification In Support of Motion to Compel Private Contractual Arbitration and Dismiss or in the Alternative to Stay Proceedings Pending Arbitration, and as grounds thereto states the following: 1. That on or about November December 7, 2015, 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 full agreement attached hereto as Exhibit A). 3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: .4. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 5. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, 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, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). 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 (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 (1989) ." Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 6. The Defendant elects arbitration to settle this dispute in JAMS. WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Card member Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending the outcome of the contractual arbitration. Respectfully submitted this day January 21, 2016 ______________________________________ XXXXXXXXXXXXX , Pro Se CERTIFICATION PURSUANT TO RULE 4:5-1 Pursuant to Rule 4:5-1, I certify that to my knowledge the matter in controversy is not the subject of any other action pending in any court or of a pending arbitration proceeding. It is not anticipated at this time that there is any other party who should be joined in this action. CERTIFICATION PURSUANT TO RULE 1:38-7(b) Pursuant to Rule 1:38-7(b), I certify that confidential personal identifiers have been redacted from documents now submitted to the Court and will be redacted from all documents in the future. DATED: January 21, 2016 ____________________________________________ XXXXXXXXX, Pro Se PROOF OF MAILING XXXXXXXX, being of full age, hereby certifies that on the date set forth below, I sent a copy of this Notice of Motion and Certification In Support of Motion to Compel Private Contractual Arbitration and Dismiss or in the Alternative to Stay Proceedings Pending Arbitration to the following: FALONI & ASSOCIATES, LLC David A. Faloni, Esquire 165 Passaic Avenue – Suite 301B Fairfield, NJ 07004 (973) 226-2525 Attorneys for Plaintiff I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false I am subject to punishment. DATED: January 21, 2016 ____________________________________________ XXXXXXXXXXXX, Pro Se LVNV FUNDING, LLC., As Assignee of : NEW JERSEY SUPERIOR COURT Credit One Bank, N.A. : LAW DIVISION Plaintiff : CAMDEN COUNTY : SPECIAL CIVIL PART vs : DOCKET NO: DC xxxxxx--15 : ORDER TO COMPEL PRIVATE : CONTRACTUAL ARBITRATION AND : DISMISS OR IN THE ALTERNATIVE XXXXXXXXX : TO STAY PROCEEDINGS PENDING Defendant : ARBITRATION THIS MATTER having been opened to the Superior Court of New Jersey, Special Civil Part, upon the filing of a Motion to Compel Private Contractual Arbitration and Dismiss or in the Alternative To Stay Proceedings Pending Arbitration by Defendant, XXXXXX Pro Se, and the Court having read and considered the Proof of Service of the Notice of Motion and Certification and any opposition papers filed by Plaintiff LVNV Funding, LLC, As Assignee of Credit One Bank, N.A. IT IS on this __________ day of ________________, 2016, ORDERED, that Defendant’s Motion to Compel Private Contractual Arbitration and Dismiss or in the Alternative To Stay Proceedings Pending Arbitration is hereby GRANTED. IT IS FURTHER ORDERED that a copy of this Order be served upon the Plaintiff’s Attorney, David A. Faloni, Esquire, Faloni & Associates, LLC., 165 Passaic Avenue – Suite 301B, Fairfield, NJ 07004 via first class mail postage pre-paid within _______ days from the receipt of this Order. ______________________________________ J.S.C.
  12. Hello Everyone! Well Just to let you all know I did file my Answer to Complaint and am now ready to file my Motion to Compel Arbitration as per @shellieh98. You all have been so great and wonderful in helping me and it is greatly appreciated. Hopefully you all will take a peek and let me know if I am good to go with my Motion to Compel Arbitration. I was going to file today and was told I needed to adhere to the proper proceedings and how to file correctly so it took me time to research NJ Rules. So could you let me know your thoughts? I would not have gotten this far without all of you. Thanking you in advance for your time and most of all your sharing of your knowledge and expertise!
  13. Just a quick question -->>>> Was i suppose to attach copy of Contract Agreement highlighting Arbitration Clause with my Answer?
  14. Good Evening Everyone! I was hoping to get feedback to see if my Answer to Complaint (above) was good to go as I need to file it tomorrow morning. Anyone?? Thanking you in advance for your input!