RelayerPA

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About RelayerPA

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  1. An eerie feeling arose when I received mail yesterday from various client soliciting lawyers that "a routine check of the court dockets" show that I may have been sued by a JDB. Pardon me for keeping the actual dates, and if possible, the municipality, as much as a mystery as possible. You know how JDBs troll these forums. So I went to the state online system to check on what was referenced in those soliciting lawyer's letters and sure enough, there's a case waiting for me with a hearing date VERY soon in the future. The docket sheet shows that the summons was issued (no indication as to how) late last month, and in the past week, an entry that shows the summons was unclaimed. So I ask the other house member who's at home most of the day and they did not hear anybody knock on the door any day between those dates. Nor could I find any record, nor did I ever see a record,or notice, of a certified mail delivery attempt. The case has a hearing date in the very near future. My dilemma is... do I tell the court right away that I plan to defend, or do I wait for a proper summons? Assuming that it was a mailed noticed, now returned, the next step for the Plaintiff by the county's rules is to publish the notice in the county bar association's public legal record (accessible electronically). According to local rules, such a notice shall be published 60 days before the case is terminated. It doesn't say anything how soon it needs to be published before the hearing date. For all I know, they could probably publish it the day before and call me "served with full notice to appear" with only one day to prepare for a defense. However, I would believe they cannot legally allow that from a civil fairness standpoint. The bar associations public electronic notices are posted every Thursday. I checked each one since the plaintiff's filing data and I do not appear in any of them. The notices for 7/11/2019 have not been posted on their website yet.
  2. I perused the cases at this local court and saw a LOT of default judgements for the JDB for thousands and thousands, each. So far, my case appears to be the outlier in all of the ones I checked. Nobody else seems to have defended themselves.
  3. I don't understand how the arbitration scenario on appeal you describe would be expected to pan out. Wouldn't there still be a risk via arbitration that I would end up owing thousands, or is it likely that the fact that the judge denial of my MTC would seal the deal in my favor in any arbitration? I'm genuinely curious about different scenarios. As for the card agreement. The judge was expecting to see an agreement dated before the date of the oldest copy of any credit card bill the Plaintiff had as evidence. Granted, I know that agreements get updated all the time and a consumer is bound to the latest copy. I argued as such, but as to how this case played out, I don't know if I want to risk an 8% judgment amount for a potential judgment against me in arbitration of 100% of the amount if I fail to win. I didn't know until AFTER the case was closed that I needed an older copy to satisfy this judge's requirement, nor until after the case did I find a resource to print one out.
  4. It was a small claims local judge. There is only one such judge in any jurisdiction in my state. They would have to go to Common Pleas court, otherwise.
  5. My question is... can I use this to my advantage? If a JDB only provides me after a DV with proof of statement copies containing a small number of actual charges, would it be beneficial for me to negotiate a settlement for the value of the summed charges, assuming that the judge that would hear a court case on the same evidence would be expected to rule the same way?
  6. The 92% was the difference between the total card balance reported to the JDB, and claimed by the JDB on the lawsuit, and the actual cost of all items charged on the cards that they had physical proof of. The judge required the plaintiff to prove how the entire balance was calculated. The philosophical question now would be, if I had been granted arbitration, would the arbiters have limited the judgement amount to the handful of charges they had on hand. The original amounts were probably high enough to compel the JDB to go to arbitration. The way I see it... I lucked out. I get to settle two collections for an amount far less than the JDB would have offered to settle it out of court.
  7. Oh... THIS is a great resource. Snapshots of credit card agreements, sorted by Quarter and Year, and zipped together as folders by bank name, having all retail agreements as PDF files. https://www.consumerfinance.gov/credit-cards/agreements/
  8. A JDB had me in court on two cases with a combined total of just under five figures. I filed an MTC arbitration for both cases. Turns out the judge is a pretty straight shooter when it comes to quoting arbitration clauses, preferring to only reference versions of the agreement in effect at the time of the account being opened. Both of my MTCs failed on that, even though I argued that it's not uncommon for CC issuers to update agreements, the customer being bound to any newly issued agreement unless they close the account in writing otherwise. (As far as I believed, both parties were bound to the agreement dated later, as long as the account was still open at that time.) That being said... it still wasn't a clear case for the Plaintiff. The judge would only honor exact charges that can be proven, and stated that fines, fees, etc. will be considered irrelevant. The Plaintiff would only be allowed to prove actual charges, which turned out to be about 8% of the requested amount. Long story short... There was a judgment rendered against me for only that 8%, plus court costs. Considering the alternative, that's a pretty big win in the "war." Then unless the Plaintiff appeals the judgment, I can pay them and move on from this. What did I learn from this? Find the PROPERLY DATED cardholder agreement. Or get a notarized affidavit to the effect that I believe the parties are bound to the version I admit in the case. That way, the Plaintiff would have to prove otherwise. Make the JDB send me their "proof" before it goes to court. Then I'll know what leveraging power I'll have at my local municipal court should a claim be made against me, based on how this particular judge renders justice in these cases. Remember the term, "ascension." The judge informed me of the meaning of that legal term because since I filed the MTC as my response, ascension now makes it known to the court that I agree that the account was mine, or I wouldn't have argued for arbitration. In other words, I could not argue that "it wasn't me." Just be honest, AND DON'T PANIC, even if you think you're going to lose a case. Karma might benefit you right in the middle of the case hearing. :) I hope this info helps other. Feel free to tell me if there is anything else I SHOULD have learned from this experience, but failed to realize. All in all, it sucks to technically lose and have to pay something. But that something is 90% less than originally expected.
  9. Didn't know IF, but WHEN this will come back. HH&L is again trying to contact me for collections. In my letter to them when they first tried to sue, I elected Arbitration as per my right in the cardholder agreement. Afterwards, they withdrew the suit. I'm guessing that as long as they don't start the arbitration process, they still have a right to attempt collection. I check the local magistrate on occasion for any new cases from them against me in the meantime. If I find one, that might be bad news for them after the direct arbitration request. Meanwhile, I assume I'm just stuck with playing the collection game with them as if it were brand new? They did send me what they thought was proof, but as in many cases, it's information that is subject to verification through a judge or arbiter.
  10. They mention "A A Recovery Services" and say it's "a call from a debt collector."
  11. Searching the forums for "AARS", "AA Recovery Solutions" (as stated in an answering machine message I recently received), or even "Recovery Solutions" yielded zero useful results. The latter triggers a lot of hits for Portfolio Recovery Solutions, but the other search terms return zero results. I don't know what this agency is that called me. I'm just assuming it's a collection agency. Does anyone else know about AARS or had dealings with them?
  12. My son was served the summons in my absence. PA allows for that, I believe, since he is an adult and residing in my house. However, I did not read it personally because I rarely spend time at that house. Assuming that's no excuse for not being served, I guess I need to go to the court to get the details of the case and, once again, argue for a MCA.
  13. Online case lookup shows it as active right now where it was closed before.
  14. (Time goes by...) I had responded to the original complaint with a Motion to Compel Arbitration... then waited. About 15 days after the hearing date (which I did not attend), the judge dismissed it without prejudice. Two days ago, JHPDE reopens the same case and notes that they issued a civil complaint via hand delivery. I was not delivered any official complaint, the original one or this new one, by hand or any other means. The new hearing is after Christmas. Should I resend my motion to compel arbitration again? If I was never approached for the summons, what should I be looking for?
  15. I have been sued by JHPDE over a Citi card account they bought. Learned about it through an online case search, but I have yet to see a summons. A court hearing is scheduled for October 16 in a Pennsylvania municipal court. I was going over the arbitration clause of the card and I am somewhat unsure of its interpretation. At first glance, it seems that since the small claims case has been initiated, I cannot (or the case cannot) be transferred to arbitration. But later, it says that I can compel arbitration as long as the trial has not begun. Am I reading this correctly? I posted the text of the arbitration section below with concerned portions in italics. Thank you!