First rodeo

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First rodeo last won the day on September 16 2016

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About First rodeo

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  1. Thanks Clydesmom. My previous Summons (already resolved) had 30 pages which did have a plethora of info including a statement. This Summons is litterally 4 pages and has no info other then amount, Citibank and says defendant owes plaintiff $9k for the purchase of goods, wares, and services on or before Oct 10, 2016. So, either they don’t have any info? Or.... they are keeping it in their pocket. Is it a good idea to file MTC without having specific info? Or should I just answer and wait for the discovery? I truly have no idea what account number this is to even look it up from our consolidation co. It says “that plaintiff is the owner of certain accounts of Citibank, N.A./Aadvantage including the account of defendant herein. Seems to vague to initiate a law suit or could be strategy?
  2. They may have recently but this account (whatever it is) would have been old. I can’t say when the last payment was made because I don’t even have an account number to reference. Which is kind of my dilemma in answering.
  3. Hi all! 2 years ago you were all very kind in walking me through two victory’s with both Midland and portfolio via arbitration. A brief history. We had some serious health issues with our son that required me to quit my job, we then knew we wouldn’t be able to keep up with all our payments and turned them over to a debt consolidation co. Around Spring of 2013. A year later we were really in bad position and asked them to remove two accounts (we had 6 Citibank accounts) wires were crossed and not actually sure which accounts they dropped. Fast forward to 2016. 2 of the Citibank accounts were bought by the above debt collectors for me and I went through Justice court following all of the amazing advice I got here and both were dismissed. My husband was recently served a Summons from Calvary in the amount of about 9k. Fortinately I remember the steps (I think) 🤔 just was hoping for some guidance as this Summons doesn’t issue any info. My Summons was 30 pages long and had the bill of sale and all records associated. This is 4 pages and only makes mention of amount and that it is a citi card and the last payment date. Answer is due by Tuesday. Is this correct procedure 1. Answer the complaint admitting he is a resident of the county specified but has elected private contractual arbitration, without knowledge to form an opinion and must respectfully deny allegations.. 2. Motion to compel 3. File with Jams my question is this if they are giving me nothing to go by how do we present an cc agreement without taking some sort of ownership. This CC is no longer on his Credit report so I’m not even sure what type of card it was. Any suggestions or advice is appreciated.
  4. Thanks Xerxes and Harry Seaward. I should hear more this week. The clerk put the case back in the judges desk to get clarification himself because he was even confused and he sat in on the hearing. Xerxes, I know you're right in regards to the plaintiff looking at that as an invitation. I think the judge did say that the case was stayed until February unless anything further was filed? Which completely contradicts itself and this is why I asked the question. I was extremely confused as to what was going on and it appears everyone is in that same boat. thanks again you two! 😊
  5. @Harry Seaward when he asked if I had further questions I asked him this "so let me see if I have this clear, you are granting the plaintiffs request to stay the case which means they can still file a MSJ?" He said "they can file any motion just as can you".
  6. Hi all! Unfortunately I am back... I had my second hearing today on the smaller debt with Midland. The judge said that the contract clearly states that arbitration is an option for either party. He then asked midlands attorney if they had any good reason for him not to dismiss without prejudice. Plaintiff sited 11-1502 D that the case should be stayed while pursuing arbitration. the Judge granted the stay but did not order into arbitration. He said that if nothing further was filed the case would be dismissed February 1'rst. I really don't understand this. Can someone pls explain this? It sounds like to me that the case is stalled but does not force them to comply with arbitration. In which case they just come back after me in February? Any suggestions would be appreciated. Thanks so much!
  7. I have not. This is what the letter said about paying. At this time, the $1,200 filing fee remains due from the Respondent.
  8. I initiated arbitration with Jams 3 days after I filed the motion. The Jams rep just emailed both the plaintiff and I asking where the money to open was. To which the plaintiff replied that there was no arbitration agreement in place and they were waiting on the court to rule for their motion to deny. I believe that they state the account was written off4/14. So the SOL would have a few years.
  9. Basically... the judge called me to the bench. The Plaintiffs attorney was on the phone. The Judge opened by saying that the Federal court is adhearing to these arbitration agreements and that they were put in the agreements to protect the creditor but that it does state that either party can initiate. He asked them to go on record as to why the judge should not comply with this. They said that their case was not based on any particular agreement because there is no way to know what that agreement said in 2001. I think she said they were suing for negligence or something like this. The judge then stated that he was dismissing without prejudice and suggested we try and reach an agreement before stepping into arbitration. He asked us to exchange phone numbers and asked if we were both clear. Literally lasted 3 minutes. I had to say NOTHING. I believe the decision was already made when he walked out.
  10. I just wanted to Sincerely Thank everyone on here that has so graciously offered advice and help. The hearing went well today and the judge dismissed without prejudice. I'm not sure what this means but it sounds better then where I sat yesterday. You guys are awesome!!👏 I have nothing but gratitude!
  11. I called Citibank today and they told me that they don't keep those on file? I did file a claim with CFPB. Do you have some trick to getting Citi to send it?
  12. DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT Comes now the Defendant, pro se, and submits the following answer to Plaintiff's complaint. 1) Defendant ADMITS he is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing cardholder agreement, which takes away both sides litigation rights in court. 2) Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's allegations and must respectfully DENY Plaintiff's allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. AFFIRMATIVE DEFENSES 1) Defendant states there is an arbitration clause in the cardholder agreement that takes away both parties litigation rights if elected by either party. Defendant has already notified Plaintiff's attorney of his election to arbitrate pursuant to the terms of said agreement and has filed a motion to compel arbitration with the court. This court lacks jurisdiction and proper venue to decide this matter as Defendant has exercised the binding arbitration agreement. 2) Plaintiff failed to state a claim upon which relief can be granted. Plaintiff has brought suit against Defendant as "suit on account", but has not provided the contract or any other valid and sufficient proof of agreement on behalf of the Defendant with the Plaintiff, whether expressed or implied. 3) Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. This is what I found here under the Arbitration thread. Is this good?
  13. Also.. In my Answer to number 2 suit to Midland do I in my answer select arbitration? Hopefully this one will be a little easier since they sent me the agreement that states aribration in their disclosures and its a much smaller debt.
  14. In Looking at this excel sheet that was sent to me by plaintiff... Account was open in 2001, Last payment was 11/28/2013 and last purchase was 12/2/2012. The agreement that is with both Citi and CFPB is from 8/11. With that said do I still need to order a different copy from CFPB?