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Bamaga

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  1. Thank you! I understand not acknowledging the debt. If I were to call Midland just to see if they would settle for something and make payments (just to weigh if I want to move forward this way ) could they use that against me to say he claims the debt?
  2. Thank you for that! I am going to study the boards past examples etc but if i can ask a few questions that would be obvious to most anybody on here but I have zero experience.so I rather ask questions and sound stupid so I will gain knowledge 1) If I am going to do file MTC with my answer then what would be my answer be? I thought if I was filing a MTC I was saying I do not what to discuss the debt but instead move it to arbitration. So as far as the "answer" do I acknowledge the debt as mine at all or mention anything about it? If not what would my answer be? 2) On the MTC ...do I reference and include a copy of the credit card agreement or do I save that in case I have a hearing? Again I understand I am starting way out of my league and am going to do the work and research here but it will help if I have the basic understanding of those 2 questions. Thank You!
  3. Hello. It is State Court Emanuel County.
  4. Hello thanks I did not realize they would break in that many payments. It is Credit one actually but may be same situation. If I had money for lump sum offer that would be good. Thanks
  5. Hello Thanks so much I answered you above Quote Size Drag files here to attach, or choose files... Other Media Accepted file types: gif, jpeg, jpe, jpg, png Follow topic Submit Reply
  6. Hello Thanks so much I answered you above
  7. A few years back I hit a rough stretch and defaulted on a Credit One Credit Card under $1500. It was pay the power or grocery or ignore this and so I ignored the Credit One account. Now I have a civil action against me by Midland. They provided documentation etc so I do not know anything they have done wrong. Of course I do not want to pay it but the bigger issue is that I can not pay it (unless were spread out in many many small payments). I understand very little about these things but assume under 10K there is no arbitration magic or any magic answer I can file that would make them move on and try to collect from the people who just do not even respond. I really have no assets I drive 25 year old truck as daily driver and all my bills do get paid but on the very last day possible. I am just a drug free guy who works hard but barely making it. Is there any response I can file that might make them say," He is not worth it?" I know it may be a stupid question but I would rather know the truth even if it sounds stupid. If there is no way to escape the hand I "dealt myself" then I really do not know what answer to file but I understand filing a answer even if weak is better than a default judgement? Can I just answer explaining my financial situation. I understand this is not a "get out of jail free card" but perhaps the judge be more sympathetic than any agreement dealing straight with Midland and maybe judge allow smaller payments be drafted from my checking account than Midland would have accepted? If this is even how it works. I have not called midland as of yet. I assume their #1 choice is for me to do nothing so they get default judgment or #2 that I phone them and settle (which I surely could not do in a bulk payment. I guess my main question is if a file answer explaining the details of my my financial situation what is most likely and least likely to happen? I appreciate any input or advice. This board is a blessing. I am just a regular guy trying to get family thru Christmas.
  8. LaneBlane that is what I am looking for thanks a million
  9. Hello, have not posted here in a long time.I had a hearing today for a 15K debt that Citi Card sold to Portfolio recovery Associates.(The usual disclaimer here..Bad year of business medical bills etc and I was unable to pay Citicard actually the first legal issue of my lifetime)Anyway I am trying to remove the case to arbitration (following detail of fisthardcheese arbitration strategy)I had printed off a citicard agreement that and the judge like and agreed with what it said about arbitration and was ready to to Accept my MTC but it actually does not say Citi Dividend on the agreement nor CITI at all even tho I printed it from Citi Website.He has given me 21 days to come up with the agreement for my specific card and he will grant My MTC. Since I have defaulted with Citibank They have not agreed to help me on the phone by Providing me with the Citibank World dividend user agreement from when i had the card(In 2016 they changed the branding to "World Cash Back card") so the exact title Citibank World Dividend no longer exists.So my entire case actually rests on if I can find this agreement.I intend to call citibank 10 times a day and maybe somebody will help me but nobody wants to.If by chance anybody on here has a Citi world dividend or Citi dividend agreement from 2016 or before I will make it worth your time to send me a copy
  10. Hello, Here is a motion to compel arbitration draft I did.I value any ones opinion if there are any fatal flaws.Yes I have zero experience with this.Thanks Tom C. Hanks 47 Harold place Seattle Wa.92345 IN THE STATE COURT OF EMANUEL COUNTY ) STATE OF GEORGIA ) ) PORTFOLIO RECOVERY ASSOCIATES,LLC ) Assignee of CITIBANK,N.A. ) Plaintiff ) ) vs. ) ) Tom C. Hanks ) Defendant ) __________________________________________________) Motion to compel private/contractual arbitration and to stay Proceedings pending arbitration __________________________________________________ NOW COMES Defendant,Tom Hanks,appearing Pro Se for its motion to compel private contractual arbitration and as grounds thereto states the following 1)That on or about November 26th.2018,Plaintiff filed its complaint against Defendant. 2)Defendant sent a letter via certified mail to Plantiff”s attorney on December 12th,2018 electing arbitration with AAA and requesting dismissal of this case (see exhibit A attached) 3)Defendant moved the court to compel binding private arbitration based on the terms and condition of the credit card agreement (see exhibit B Attatched) 4)The parties are bound by the credit card agreement.The arbitration agreement states among other things: (a)You or we may arbitrate any claim,dispute or controversy between you and us arising out of or related to your account,a previous related account or our relationship b)If arbitration is chosen by any party,neither you nor we will have the right to litigate that claim in court or have a jury trial on that claim. c)You may arbitrate on a individual basis claims brought against you,including claims to collect a debt. d) Arbitration may be requested at any time,even when there is a pending lawsuit,unless a trial has begun or final judgement entered.Neither you nor we waive the right to arbitrate by filing or serving a complaint,answer,counterclaim,motion or discovery in a court lawsuit.To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees for the AAA 5)The defendant elects arbitration to settle the dipute WHEREFORE,Defendant moves this honorable court to compel private contractual arbitration pursuant to the Cardmember agreement and to dismiss Plaintiff”s complaint due to lack of subject matter jurisdiction or in the alternative,to stay proceedings pending contractual arbitration Respectfully submitted this day December 14th,2018 ______________________ Tom Hanks,defendant pro se
  11. I am very encouraged by that! One concern i have is getting my credit card user agreement.To be honest I was dumb and usually ignored the credit card agreement.I never assumed I would default and need them.I did see a list of user agreements online and I can not find Citicard that says "Dividend world card" and I would assume I need one specific to that.
  12. Well that is encouraging.I am going to to try the arbitration as outlined on the link I was sent earlier. I appreciate your input
  13. It is a little over 15k and reads "In the state court of Emanuel county State of Georgia" I really appreciate your input
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