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Bamaga

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  1. LaneBlane that is what I am looking for thanks a million
  2. 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
  3. 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
  4. 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.
  5. 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
  6. It is a little over 15k and reads "In the state court of Emanuel county State of Georgia" I really appreciate your input
  7. Hi Tracey H.Reese/Tamara D Starks/Bryan D Thompson/Brian M Bilodeau The "state court" and "magistrate court" both have their boxes checked
  8. Thanks for the response.I do file a w-2 and am not running a flea market from my home.I run a specialized car parts business that has potential that is why I have not given up on it.If I ever have the capital to invest in it then then I would have something.I just always teeter around that threshold keeping it going and just short of the level of being able to take to next level.I do work 50 hours a week on it and has allowed me to so it from home and have critical time with my young daughter that most people dont get so thats my motivation. Thanks for giving me some understanding on the basics and process of how it works. I am not sure if I can file for arbitration When the original creditor was citibank.I guess there is a chance they would not pursue any further.I will contact PRA and see what kind of payments they will let me make Its just impossible to make another "mortgage style" payment each month.
  9. Thanks for the words of advice.The original creditor was citibank and I do not have the user agreement. So if I dont respond in 30 days their will be a judgement against me. When I show up and you say "its about as simple as a case could be"...I know this would be a obvious answer for most but what would happen?The judge says you owe them every penny and gives them my bank account?,or will he come to a amount I have to pay every month?,or tells me to negotiate with them? Is there any advantage of calling PRA now for first time to see if I can pay them now a small amount now or now that I received the papers is it usually to late?obviously they will sense that I am scared if its now the first communication from me.
  10. Any advice is greatly appreciated.I am just a ordinary guy with wife and child,works hard,never had any issues or trouble with anybody.However 2 years ago I could not pay credit cards and go so far behind I never could catch up.Portfolio Recovery Associates been sending me letters for a while.I have been trying to tell myself not to worry about what I can not control because there is nothing I can do but I finally got the General case filing paperwork. I really do not know how a person in my shoes should proceed.I have no money to negotiate and I cant afford a lawyer.I know nothing about the laws or what to do in a courtroom.My only experience with a courtroom is watching a "A few good men" and "a time to kill" not trying to be funny but my point is that I am a candidate to make a bad choice or mistake. What is likely to happen to somebody that really has no money.My bank account usually has between $100-500...sometimes grows to $800 briefly but Its pretty much been that way for 2 years.I pay the bills all a litlle late but just barely,no savings account,car title is always at titlemax pawn shop.I just dont have money.I have no possesions worth anything Do I actually show up and just say I have no money?if so what happens.Can I be ordered to pay money when its obvious I do not have money? I do not know how to dispute that I owe when they have all the paperwork and paperwork where they bought the credit card debtWill they assign me a payment plan anyway.I owe this account over 15K and so I doubt I could call them now and offer to pay $100 a month I work for myself selling items on ebay using paypal so I dont have what would be called a normal job but it has been what I have been doing for 12 years.I did not want to file bankruptcy because ebay and paypal would kick me off. Any advice is greatly appreciated.I am overwhelmed and I have a wife and child who count on me.
  11. Thanks for you help.Its actually 2 citi accounts one under 10K and one over 15K. I found the smaller agreement but the big one I can not find.It is a "Paypass Dividend World Master card"I dont see that on chart.Is it 100% vital to have the exact one when submitting for arbitration? I have read the arbitration strategy and it makes sense.I dont know if my total being over 25K if that would make them come after me no matter how many road blocks are in the way Would I need to send $200 twice and submit to separate forms since it two different accounts from PRA?They have sent me two different letters for each one. I am sending them the debt validation request although I know they bought it from citi since i have letter so not sure if that helps me or not?I hear others say that it just tells them that they found the correct guy. Lastly if they go thru all the hoops (since the combined figure is large) to meet me in arbitration.I have no money so I cant meet any high settlement amount.I am sad to say.I have no money,no savings,no home in my name,I drive a 20 year old car.I work for myself at a stay at home ebay store business.I make just enough to slowly pay the families bills on time (on time to me means just under one month behind)In arbitration does the bad financial situation I am in come into play at all.I would really have nothing to say in arbitration except that I am broke and fight to pay the power bill before they shut it off every month.Beyond $100 a month there is nothing else I could possibly squeeze at all.I once heard somebody suggest I was judgement proof as I own absolutely nothing (kinda sad).My income comes in a paypal account and not sure how a paypal would come into play instead of a regular checking account (which I have but could function without) Anyway every ones time is valuable and I surely value and appreciate every bit of advice I can get.I am pretty down and lost
  12. Hello i feel a little helpless and worthless as I can not even locate my credit card user agreements to see what they say about arbitration,It would need to be 2015.I am a dumbass and probably threw in garbage not knowing I was going to crash as it was junk mail that did not pertain to me I visited the CFPB page but did not see the exact card and the citi cards that I did see do not have a drop down box or anything to check the user agreement for different years (unless we are missing something)
  13. Thank you Clydes mom. I have not been sued yet.Just a few weeks ago I got letter from citi saying they sold debt to Portfolio recovery associates.I started getting polite mail from them every few days.So it just started.I dont know how long this will go on or if responding or not responding will speed things up.The further on down the road the better On the amounts..I am not sure if it is relevant or not but they did not combine the account amounts.I have one for under 10k and the other just over 15K.They send mail for each separate.
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