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kmapro

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  1. I had an account that was set up with recurring payments. I thought I had the account paid off in November of last year AND we changed banking institutions at the same time. That being the case, I did not bother with updating my information with Badcock. Then, in January, I started getting phone calls from Badcock. I was made aware that I still owed $154. So, I paid them $100 on the spot and asked to have the remaining amount auto deducted one month later - or so I thought. Fast forward to me talking with my mortgage broker last week...he informs me that I have a 30 day late showing from Badcock and this was really hurting me. I have already contacted Badcock and requested a "pay for delete". The initial representative told me that they couldn't do it. I have requested a manager contact me so I could try to get higher up the food chain - to hopefully someone who could assist me. Has anyone had any luck with this or have any advice of how I should handle this? With fees, it is only $84 - so, it's not an issue with paying it, I just want it off my report.
  2. Paulding County - Superior Court I do not know if I have an upcoming court date or not. There was no mention of a court date on the original summons and I have not heard anything, from anybody, concerning my motion to dismiss and request for arb. Which is why I was making this thread...how long does it usually take and how will I be notified of the decision and/or result?
  3. **Georgia** At the suggestion of others, I submitted a motion to dismiss and a request for arbitration (total amount being sued for was around $3200) in reference to a court summons served to me by Zwicker. This was for an outstanding Synchrony Bank debt (Care Credit). First off, the court where I filed my motion did not even have record that I had been served. They had record of where an attempt to serve had been entered (at my old address) but they did not have any record of me being officially served. Secondly, the lady that received my paperwork (very nice and friendly) said that she really couldn't tell me anything or offer any advice related to the summons or the proceedings. When I inquired about whether or not I needed to schedule a hearing, she told me that the plaintiff would be the one to make that call along with the judge. Then she followed up with, "Honestly, if they (referring to the plaintiff attorney) did everything correctly, they won't even have to wait for a hearing"....what does this mean? On the day that I entered my motion for dismissal to the court, I also sent a certified (with receipt) copy to the attorney (Zwicker). I haven't heard anything from anyone - with the exception of receiving the receipt from the certified letter - and that was on this past Saturday. I entered the motion to dismiss and the request for arbitration in hopes that they would just drop the case...now I am somewhat nervous because I haven't heard from anyone. So, now what???? Do I just keep holding steady until I hear from someone? Will I be notified by the court if/when the judge responds, or makes a decision, based on the motion to dismiss? How much time does this normally take? Sorry, this is my first time and I am just a bit nervous....
  4. Thank you so much shellieh98. OK, so I am not filing two separate motions (one for dismissal and then one for arbitration), I am simply filing one motion for dismissal with a request for arbitration... I am sorry, but I have a few more questions... 1. If I remove #2 (as you stated), do I need to mention the request for JAMS at some other point? I haven't sent a letter requesting arbitration and do not have intent to, given the time frame I am under. 1(b - if you will)...Will this hurt me if I do not send in the request to the attorney for arbitration or will the motion be sufficient enough? I will have to do some research on the JAMS part - because I have absolutely NO idea what that means. 2. OK, I get that all of the "xxxxxxxx" are places where I fill in information. However, just under #7 (above) there is line and then a row of "xxxxxxxxxxxx". Am I supposed to put something there or was that just a space filler? 3. After filing the motion for dismissal and request for arbitration, I should send a copy to the attorney as well. I am assuming that this should be sent certified mail and it must arrive before the end of day on Friday (This Friday makes my 30th day since being served) In reviewing the options here, I have several different outcomes that I could be facing; A) The attorney/Synchrony will decide to just drop the case as it will end up costing them more than what they could gain by proceeding (This would be the optimal outcome) B)- As we get closer to actual arbitration, it is possible that the suing party (attorney and/or Synchrony) will be willing to settle for pennies on the dollar. Since the motion for dismissal has bought some time, it might be more feasible to pay the lump sum for a settlement at that time. (This outcome is not terrible, not as good as A, but not terrible) C) The suing party decides to take this to arbitration. Now, I am out the $250.00 for JAMS and I lose in arbitration...so, I am back where I started plus being out the $250.00. (This is the absolute worst case scenario (from what I know) - BUT, I have had time to save up some money to go toward all of this and may not be too bad off) I am aware that there are other options out there, I am just touching on the main ones.....My main goal is to keep them out of my paycheck (garnishment) and out of my bank account and/or tax returns...if I can do this AND get them to dismiss, I will be oh so happy!!! As I have mentioned, I have never been sued by anyone...my wife has and I was the one who talked with the collection service regarding the case (after my wife gave consent of course) and I ended up caving (lack of knowledge on how this all worked) and have been paying that back for about 2 years now. I am learning and trying t take all the mental notes that I can. THANK YOU AGAIN for all the help and guidance...
  5. OK - I have called the office of the Superior Court here in my county. They do not have any types of forms and they can't tell me where to go to obtain any kind of forms for these. I think someone said I could find sample forms on the internet and can just follow those. Any idea where I could find them?? I also inquired as to whether or not I should also submit an answer - she was not very clear with the answer. So, should I submit an answer stating that I am finling a motion to dismiss and a motion to compel private contractual arbitration?
  6. OK, so, I called Zwicker to find out more information and see what they were all about. Remember, I haven't talked to these people yet, so I wanted to find out where their minds were at. I also wanted to see what kind of options they were offering. I inquired about settlements and payment arrangements. Just to find out, I asked what kind of settlement they would consider and what kind of monthly payback they were expecting. I was quickly corrected by her saying that I was talking about two different things: a settlement was a lump sum and could not be done in payments...yet I have seen where others have managed to settle their disputes and make monthly payments. "You" (don't remember who said it) were right about the settlement they were willing to offer...realistically, they did not want to budge at all. They were offering for me to pay in $1000 lump sum and the rest on monthly payments close to $50/month. This just won't work for me, so i never agreed to anything and hung up the phone. So, who do I file the motion to dismiss with? Does this go to the court (obviously) AND to Zwicker? And...same question applies to the motion to "compel private contractual arbitration"? I am also assuming that this all has to be done before the 30 day time period of being served?? The arbitration clause is with Synchrony Bank - not Zwicker...does that matter? How do I get these started? Sorry, I need answers quickly because my 30 days is up on Friday and I am scheduled for a surgical procedure on Thursday...need this taken care of ASAP... Thank you for all of your help.
  7. Call me dumb, but I don't really know what arbitration is and what it involves. So, while I get the just of what you are saying, I am at a complete loss over the whole nomenclature. If I am understanding correctly, I should file a motion to dismiss and a motion to compel private contractual arbitration. And I am doing this because, all-in-all, it will cost them more than what the original is worth to start with. That being said, the best case would be for them to dismiss. However, can they still fight me on this and take me to court? If I lose at that point, won't that cost (or arbitration) be passed on to me? Like I said, I don't understand arbitration and just need to know what I am getting in to. Thank you for the input though and I am trying to understand...I promise.
  8. Location: Georgia Long story short...I/We had an emergent situation where we had to have some dental work done. Seeing as how Care Credit so conveniently places their advertisements in locations where insurance may not cover medically related items...we/I signed up. I ended up falling on hard times and this bill fell behind - was not my choice and I was not happy about it, but sh*t happens... Anyway, I started getting calls from the collection department at Synchrony Bank (originally GE Capital), who is the holding entity (if that's what you call them) for Care Credit. Their collection department was ruthless!! I was getting phone calls at 6:30 AM....10:30 PM....weekends (including Sunday) and even got a call on CHRISTMAS DAY 2013. Initially I was answering the calls and just making a payment when I could...then it got to where I was just ignoring the calls all together. Finally, early in 2014, I answered one of their calls and told them that I no longer wanted to be contacted by telephone. If they wanted to contact me, they could do it through the mail service. Believe it or not, this worked for the phone calls...and unfortunately, it worked for the mailings too. To the best of my knowledge, i never heard back from them. And...out of sight...out of mind - I eventually forgot about this account. Then, on December 29th, 2015, I have a Sheriff deputy at my door handing my wife a summons (in my name) and it is some company called Zwicker and Associates - a collection company with "lawyers". They were suing me "On behalf of Synchrony Bank" for the delinquent Care Credit account. A total of $28XX.XX plus legal fees, etc. I have never been sued by anyone. And, again, TO THE BEST OF MY KNOWLEDGE, I have never even received any type of notice from this Zwicker & Associates prior to being served with this summons. However, since being served, I get a call from their office every other day...which I ignore. Is/Can this be considered harassment? I even called Synchrony Bank/CareCredit to make sure that they still "owned" the debt and that they did not sell it off to this Zwicker place. I was told that they still own it, but I am not sure. I have been doing a lot of research on this and I am preparing to enter my answer this weekend...i have until the 28th to have it delivered. Here is the list of "Complaints on account and contract": 1. Plaintiff is a federally chartered savings bank with a principal place of business located in Draper, UT. Plaintiff changed its name from GE Capital Retail Bank effective June 2, 2014 - Lack of Knowledge 2. The Defendant(s) is/are a resident of this state and county subject to the jurisdiction of this court - True 3. The plaintiff established a credit account in the name of the defendant(s). The credit account is identified as Care Credit account number ending in XXXX - claiming Lack of Knowledge because I don't know what my account number is/was 4. An agreement was entered into between Plaintiff and Defendant(s). (See attached record of terms and conditions, Exhibit "A"). Defendant(s) agreed to pay and was obligated to pay the Plaintiff for all extended credit on Defendant(s)'s account. Pursuant to the parties' agreement, plaintiff transmitted to Defendant(s) a monthly billing statement for the account, and Defendant(s) was/were obligated to pay the minimum payment due as set forth on that statement on a monthly basis. (see attached record of account statement, Exhibit "B"). - not sure how to answer this one 5. The Defendant(s) incurred charges on the account - again, not sure how to answer 6. The Defendant(s) has. have defaulted on the repayment terms of said agreement and is indebted to the Plaintiff in the amount of $2960.34 - Lack of Knowledge as I haven't seen a statement in quite some time now 7. Demand was made upon the Defendant(s) for the amount due and owing on the account. Despite such demand, the Defendant(s) has/have failed and refused, and continues to fail and refuse, to pay the amounts due and owing on the account. The Defendant(s)'s failure and refusal to pay the debt, and the amounts due and owing on the account have inured to the benefit and enrichment of the Defendant(s). - False!! I never "refused" to pay anything and they have no proof that my "refusal" of payment has, in any way, shape or form, benefited or enriched my life. They have absolutely no idea what I/we have been going through and this is complete hearsay on their part 8. The Plaintiff has made numerous requests for payment, and the Defendant(s) has/have refused to pay the Plaintiff; whereby, the Defendant(s) has/have been unjustly enriched - Is this not just a repeat of #7?? Again, FALSE...I NEVER refused to pay AND I have not been "unjustly enriched" due to not paying...that is absurd. Their "Exhibit A" is, in fact, the cardholder agreement, but it is not complete. It is Section II (Rates, Fees and Payment Information) and Section III (Standard provisions - which includes Arbitration (I honestly don't even know what this is)). Neither of which contain my signature Their "Exhibit B" is one page from the, apparent, last bill hat was sent to me - again, i never recall seeing this - this bill shows a "CHARGE OFF ACCOUNT-PRINCIPALS of $1,313.00 CR" and a "CHARGE OFF ACCOUNT "FINANCE CHARGES" $1,547.34 CR" So, I feel a little embarrassed that I am trying to fight this small of a charge when I see others on here battling for $20k plus.....but my credit is already trashed and I am still barely holding my head above water. I can't afford garnishment of wages. This already shows as a charge-off on my credit report..I don't want to add a 'Judgement" on top of that. What should I do? Remember, I said that this Zwicker place has tried to contact me a minimum of 3 times since I have received the summons. I haven't answered any of the calls, but I am assuming that they want to discuss a settlement....should I give this consideration? Any help would be gratefully appreciated as I need to either talk to Zwicker and discuss a settlement and/or I need to submit my answer. Should I submit an answer and make the statement that I have entered into an agreement with Zwicker (if that's what happens)?.......
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