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nexus

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  1. Stay proceedings (more time to prepare or seek council).. They had months, I got tens of days. Is this even possible? or Stay proceedings and compel JAMS comprehensive arbitration utilizing a fee waiver.and compel JAMS comprehensive arbitration utilizing a fee waiver. or Answer dispute, deny, affirm defenses, demand trial by jury, and request discovery. Since I'm not required to have any written document at this meeting, can I simply verbally request the aforementioned option of choice? Thanks for taking the time to share your opinion and make such a helpful post! I'll keep this thread updated with my progress moving forward. The hardest part has been finding forms and making sure my document format is correct/valid.
  2. No they did not include an affidavit. The package included the notice to appear for pre-trial conference/mediation, a complaint for damages, a single alleged statement, and some internal fact sheet with case specific details. Here is the initiation, payment, and survivability clause. JAMS is mentioned by name and I would most definitely qualify for civil indigent status. Is it enough to verbally notify of my status at the pre-trial conference/mediation or should I have a statement AND/OR the application filled out? The alleged debt is less then $1,300, I've read I should not to post exact figures or dates online while seeking advice. Can you elaborate more on a slam dunk with an attorney and if I can hire someone to represent me after this pre-trial hearing? Considering my limited means. the alleged total being less then $1,500.00, and the amazing support on this forum. I ask because when I called around I was being quoted hundreds just to draft and file an answer to the complaint not including appearances such as this pre-trial conference/mediation. Could you also please explain the order of things or point me in a direction I can familiarize myself with them? I'm still reading, but not clear on the order of the proceedings or my desired order of execution. Thank you everyone for your assistance, I've been working on this all day, reading, and learning everything I can.
  3. Absolutely, thank you for the quote and citation. I'll be adding something to this effect and the citation to my answer. Thanks for that tip, I plan on reading the FDCPA further tonight. Ok, thank you for the advice. I'll be denying the debt in my answer. As far as documents go, a single statement was included with the paperwork. It seems as if they specifically chose a statement that has already tacked on some late payment fees by looking at the details. I won't give them an easy win and allow a default or summary judgement. It's hard for me to get to the courthouse but I will make sure I get there. As for stipulations, I'm currently reviewing the original agreement. What sort of documentation do they need to meet their burden? At the moment I'm researching template/forms for my correspondence. I'm also looking in to appropriate affirmative defenses. Per SC rules I have 20 days from the reported service date to answer. The pre-trial/mediation date is before this period ends so I'll shortly file an answer online as well as bring copies for everyone to the mediation. @CCRP626 The card member agreement goes beyond those archives (account says it was opened before 2011). The oldest one I could find in the archive included this regarding arbitration:
  4. Here is the complaint I received with redacted personal info (complaint link). I will look in to that waiver and I will absolutely file complaints regarding this matter. Thank you for taking the time. Thanks noted, I've adjusted my response. No it is not, no one by the reported name has ever lived at the residence. When reviewing the case history, service returned (numbered) docket text reports the sub was serv'd to (fictitious name roommate/ co-resident). Further, it reports the effective date on a weekday but the document has a weekend date hand written on it.. As nobody was served in person it sat until the following Monday until someone noticed it on the floor at the door. How long do I have to file an answer in this situation? I was given very little time to address it.
  5. The big things that stand out to me is PRA has made little to no effort to contact me by phone or snail mail. The notice to appear has a hand written date of early February yet it was dropped off at the door (not handed to anyone) weeks later and dangerously close to appearance date. I'm not sure if the process service requirements of my state were met or what I can do since it would be my word against the server.. No one signed, no person received it, it was just left at the door yet. When researching the case the agent reported some fictitious female name as who he left it with. The sole inhabitant is disabled and unable to answer the door. Weird stuff about the accused debt is that the card was not used so the last payment date pre-dates the purchase. The only other thing that stands out to me is in the counts, PRA states CITIBANK and I the defendant agreed to the resulting balance for the account.. Which I absolutely did not. I'm assuming they can make that statement by default to non-payment or a lack of correspondence on my part at some point? In any event there has been almost no attempt by anyone to contact me regarding this alleged debt. I've been doing research on the whole thing and it's amazing how little time they gave me to prepare for this.. Looking at the case history, they've been doing all this since last year. Only now, < 3wks from the pretrial mediation date have I received my first notice of these proceedings and this case against me. I'm not sure what to bring.. Can I motion for things on the spot? Am I simply asking for more time to prepare? What can I actually do besides potentially mediate OR request a trial date be set. Anyhow, thank you to anyone who contributes any time to this matter. I've been out of work for almost five years now and taking care of two sick people for the better part of three.
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