RelayerPA

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About RelayerPA

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  1. 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.
  2. Online case lookup shows it as active right now where it was closed before.
  3. (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?
  4. 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!
  5. I just received notice about a district court case against me. The plaintiff is "JHPDE Finance 1." I searched that name in these forums and there were no results. Anybody deal with these people in the past?
  6. RelayerPA

    Advice on a settlement strategy

    Yes.
  7. I was reviewing papers sent by a JDB as proof of a debt. They highlighted final amounts on the last prepared OC card statement before charge-off. The full amount claimed by the JDB is about $2200 for principal and $2200 in interest and other charges that were accrued. With this in mind, should I target and negotiate a settlement amount based on the principal amount only, then offer for example, $1000 for settlement, as opposed to half the total amount principal and interest? Is there any success with others doing so?
  8. RelayerPA

    Being Sued by Hayt, Hayt, & Landau

    If they do refile, can I turn the tables and bust them for denying my right to arbitration? Also, what is it people sign when they open a charge account if it isn't a CC agreement?
  9. RelayerPA

    Being Sued by Hayt, Hayt, & Landau

    When I sent my notice to HH&L for JAMS arbitration to be used, I also noted that I dispute the debt. Today, I receive a packet from them with a bunch of printed out statements, a Bill of Sale for transfer to Midland, and a Statement of Conformity. An original signed account agreement was not present.
  10. RelayerPA

    Being Sued by Hayt, Hayt, & Landau

    OK. I had sent a short letter to HH&L stating that I dispute the claim and arbitration with JAMS is to be used. I also sent the court a MTC arbitration. The case with the court has been closed as "withdrawn." I assume HH&T is the entity that withdrew. Now what can I expect after this? Do *I* start arbitration, or do I wait to see if HH&L starts the process. All this time, the only evidence ever presented in the municipal court case was a single account number, and a dollar amount. No signed contract, statements, or even summary of charges/purchases totaling the claimed amount were ever submitted.
  11. RelayerPA

    Being Sued by Hayt, Hayt, & Landau

    OK. The only evidence they provided with their filing is a Confidential Information Form that states just the Financial Account Number ("FAN 1"). There is no SSN or other account information. There is also no exhibits or copies of anything related to the account. Again, this is a Municipal Court filing, not Common Pleas. Perhaps they don't need to provide such information. They could be setting a trap, tricking me into some kind of admission. With the account number, the best I can guess is it was a Care Credit account, based solely on copies of my ex-wife's records I still possess. The first eight digits of her Care Credit card match the account number on the Confidential Information Form. So I suppose my own defense for compelling arbitration is to use a generic Care Credit agreement and cross my fingers. One last question, the summons states that I must notify them if I plan on defending myself. If I'm compelling arbitration, do I answer YES to that question, include it with my MTC, or what?
  12. RelayerPA

    Being Sued by Hayt, Hayt, & Landau

    Also to note... the suit is in a Magesterial Court, not the Court of Common Pleas, if that makes a difference on what I can do in my defense.
  13. RelayerPA

    Being Sued by Hayt, Hayt, & Landau

    I thought that they may have combined them, too, but the total for all Synchrony accounts would be higher than the stated amount. I doubt they would reduce the amount they feel they are due. So unless I can get a copy of the confidential information on file, I'll have to be a little generic in my MTC. I saw online copies of their various Synchrony agreements at http://www.synchronybankterms.com. A random spot check shows they have the same arbitration clause in all the agreements I sampled, but they do specifically mention the store's name in the clause wording. Without knowing which store card it is, I can't provide bonified proof short of finding case law that says Synchrony's practice is to offer arbitration. Either way, I still need to take a shot at drafting my MTC.
  14. Who is the named plaintiff in the suit? Midland Funding What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hayt, Hayt, & Landau: Keith J. Golub, ESQ How much are you being sued for? $3500+ Who is the original creditor? (if not the Plaintiff) Synchrony Bank How do you know you are being sued? (You were served, right?) Served How were you served? Certified Mail Was the service legal as required by your state? Unknown What was your correspondence (if any) with the people suing you before you think you were being sued? None What state and county do you live in? York County, PA When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Unknown, but surely within SOL of PA When did you open the account (looking to establish what card agreement may be applicable)? I don't even know which Synchrony account it is. I had several and they don't specify. What is the SOL on the debt? To find out: 6 years What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). I was served, that's as far as it has gone Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No How long do you have to respond to the suit? (This should be in your paperwork). 9 Days as of this post date (last business day to do so before the case the following Monday) What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. NONE. Only an indication of a "Confidential Information Form" filed contemporaneously with the Complaint, called "FAN 1." I first learned about this yesterday (July 24, 2018) after receiving a letter from a J. Murphy law firm offering to litigate on my behalf for this lawsuit. I was away for a week in which time a Certified Letter notice was apparently taped to my mailbox, so I probably missed a Certified Letter notice, or it may have blown off for all I know. I picked up the Certified Letter on July 25, 2018 without the notice in hand under the assumption made by the J. Murphy letter. I want to file a MTC arbitration, but they provided no details about WHICH Synchrony account it was, nor can I compare the balance requested with statements I have because they added an unknown amount of fees. so I don't know what account agreement to use for the arbitration motion. It looks as if I have about two or three days to file any kind of complaint with my motion.
  15. A "Notice to Plead" for them was put into the response because new matter was attached to the response.