JWSom

Members
  • Content Count

    31
  • Joined

  • Last visited

Community Reputation

2 Neutral

About JWSom

  • Rank
    Advanced Member

Profile Fields

  • Location
    Michigan
  1. Ok, not the update that I wanted to post, but in the end the JDB has all my statements, a bill of sales for buying my debt and a few other pieces of information as it related to my case. In the end, we settled for a less amount amount than the what they bought my debt for according to the bill of sale. So even though they got money from me, after 3 court appearances and several phone conversations with their lawyers I feel that I cost them a good chunk of change and they didn't make any money on me. Again, not the outcome that we strive to get, but I didn't get screwed either.
  2. @shellieh98 - in the process of starting that now with JAMS. Especially in light of this: http://www.consumerfinance.gov/newsroom/cfpb-takes-action-against-the-two-largest-debt-buyers-for-using-deceptive-tactics-to-collect-bad-debts/ @Brotherskeeper - just wanted to keep you in the loop now. I will post updates as I get them. Thanks.
  3. Update - Had my motion heard this morning. The JDB lawyer just wanted a time frame on when I was going to file for ARB, so I was given 30 days to do so and then we go back to court to discuss the current status of the ARB claim. After which the JDB lawyer gave me his card and just asked that I keep him informed and said that he would be more than happy to discuss a settlement before I file for ARB. I gave a really low number and he told me that he would be in contact in 24 hours. If they don't like my number or don't get back to me in 24 hours I will start the process with JAMS. Thanks for everyone's help thus far.
  4. Thank you. Well I guess they might be there. I just need to make sure that the hearing is for my motion and not allow for their attorney to run the show.
  5. Thank you for the information. I'm still in my beginning phases of my case. I have my hearing of my motion to arb in the first part of September. I with with a motion to Dismiss/Stay the case to compel arb. At this time I have not heard anything from the JBD. I will update this thread with my results as well. My main thread is here: http://www.creditinfocenter.com/community/topic/326218-portfolio-recovery-served-me-papers-in-michigan/ Thanks.
  6. @Brotherskeeper - I have not recived anything outside of the notice of hearing/pre-trial from the court. They did get my notice and motion last week per the certified mail receipt that I have. Is there a way to look up lawyers by their bar number to see where they are from?
  7. OK - update, the case is not completely dismissed. In the shuffle of paperwork the court didn't get something from me as quick as they wanted it, so that move the date out to Sept and it's a hearing of my motion/pretrial. So, it's not over yet. It will be interesting to see if the lawyers show up for this or not. They are located in Virginia and the case is being heard in Michigan.
  8. @shellieh98, @Brotherskeeper, @debtzapper - I recieved a notice from the court for a motion to dismiss from the jdb. However my motion is set for tomorrow morning and I still plan to attend just to cover my backside. The court notice only says that it's a motion to dismiss, but doesn't give any other details. So I just want to make sure this is buttoned up tight and I don't have to worry about it anymore. What are the chances that they will come back later and try this again or try to take me to arb?
  9. @Brotherskeeper and @shellieh98 along with anyone else that is following this thread. I have my motion hearing on Aug 18th. We will see what happens. I'm sure that I'm going to be asked to defend my motion, but wanted to see if anyone has any pointers. I feel that I should just refer to the CC agreement that was attached to my motion and that should be grounds to enough to grant my motion. However, if it's granted and the jdb decide not to take this any further, is there any way I can guarantee that they don't just wait 6 months and try this whole process again?
  10. @Brotherskeeper - thank you. The court asked if i had one of those forms. I will fill that out and get it over to the court & JDB. I will sent it the same I send over my motion paperwork. I did add a copy of the CC agreement as exhibit A. Aug 18th is the hearing for my motion.
  11. This is my motion to compel arbitration any thoughts or inputs as to anything i should change? Thank you PORTFOLIO RECOVERY ASSOCIATES, LLC As Successor in Interest of CIT BANK / DELL FINANCIAL SERVICES, LLC Plaintiff VS Case No: XXXXXXXXXX XXXXXXXXXXXXXx Defendant MOTION TO DISMISS IN LIEU of ANSWERS, STAY CASE AND COMPEL ARBITRATION NOW COMES the Defendant XXXXXXXX(“DEFENDANT”) Pro. Se. and hereby moves this court pursuant to 9 U.S.C Section 1, et seq, or in the alternative, MCR 3.602 for an Order compelling the parties to submit to arbitration and stay the case. In support of its motion, “DEFENDANT” shows the Court as follows: 1. On or about June 3, 2015, Plaintiff filed its Complaint against Defendant referencing “DELL CIT bank credit agreement,” (See Complaint Exhibit) however Plaintiff failed to include a copy of said agreement. DEFENDANT has located a copy of said agreement and attached it as Exhibit “A" a copy of the purported Cardholder Agreement (hereto referenced as “Agreement”). 2. The "Agreement" states "this card agreement is your contract with us. It governs the use of your card and account". Exhibit A 3. The "Agreement" states "either you or we may, without the other's consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called claims)" (Page 6 Paragraph 1 Exhibit A) 4. The Agreement states "Any claims, dispute or controversy” “are enforceable to arbitration”, (Page 6 Paragraph 1) Exhibit A 5. The "Agreement" states “For the purposes of this arbitration provision “us” shall refer to CIT Bank, the servicer for the account, which is currently Dell Financial Services, LP and any assignee or purchaser of the account or any receivables arising from your use of the account.” (Page 6 Paragraph 2 Exhibit A) 6. The “Agreement” "Any arbitration pursuant to this provision may be resolved without a hearing" (Page 6 Paragraph 3) Exhibit A 7. The “Agreement” also states "This Arbitration agreement is governed by the Federal Arbitration Act (the FAA"). (Page 6 paragraph 4) Exhibit A 8. The "Agreement" states "The party initially requesting that a claim be settled by arbitration shall have the right to select” which can be which can be either the American Arbitration Association (“AAA”), www.adr.org, (800) 778-7879, or JAMS, www.jamsadr.org. (800) 352-5267 or National Arbitration Forum. (Page 6 Paragraph 1) Exhibit A 9. The FAA and the USC have determined that there is an absolute right to arbitration, if a contract contains a clause allowing for private contractual arbitration in lieu of litigation. 10. The DEFENDANT has therefore officially elected for arbitration with JAMS, and has sent notification to the PLANTIFF at the address provided for in the Complaint, as well as the last known address of Council for PLAINTIFF, as well as in the Court documents, here attached as Exhibit “B”. All claims of the Plaintiff, therefore, as delineated in the “Agreement” are subject to arbitration. The venue shall be JAMS. Pursuant to 9 U.S.C. § 1, et. seq., DEFENDANT moves this court for judicial relief to enforce the arbitration provision contained in the “Agreement” Pursuant to MCR 3.602©, DEFENDANT moves this Court for a stay of these proceedings pending the outcome of its motion, and pursuant to , DEFENDANT moves this Court for a stay of these proceedings pending the outcome of the arbitration proceeding. WHEREFORE, DEFENDANT respectfully moves this honorable Court for (i) an Order compelling PLAINTIFF to arbitrate, according to terms set forth in the “Agreement”, their claims set forth in their Complaint, (ii) an Order staying these proceedings pending the Court’s resolution of the motion, and (iii) an Order staying these proceedings pending the outcome of the arbitration proceedings. Respectfully submitted, _____________ _________________________ Dated XXXXXXXXX, Pro Se CERTIFICATE OF SERVICE I certify that on this date I served a copy of this Motion to Dismiss, or in the Alternative, Stay Case and Compel Arbitration on the plaintiffs or their attorneys By Certified first-class mail addressed to their last-known address(es) as defined in MCR 2.107©(3). __________________Date ___________________________________Signed
  12. Ok, I will update my answers, submit them today and then file a motion to arb tomorrow.
  13. I know, deadlines. I've typed my answers up using PDF forms from the approved court. As far as jurisdiction is proper, I listed it as I don't know. I only agreed to "Plaintiff's assignor allowed Defendant to charge goods and services on open account, upon defendants promise to pay for same" --which now, reading it seems like a bad idea and I agreed to "Upon information and belief, defendant has possession of the agreement upon which this claim is based. The rest of the claims I disagree with. Should I change the Jurisdiction one to disagree? @Brotherskeeper
  14. I have not answered yet. Today is my deadline. My plan was to file my answers today, with an affirmative defense of "The existence of an Agreement to Arbitrate and wish to submit to a binding arbitration with JAMS per agreement". Then I was going to type up my motion today and turn it in tomorrow. Or do you suggest that I skip the answers and just fill my motion instead. @Brotherskeeper