Miheegz

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About Miheegz

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    Indiana (IN)

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  1. @fisthardcheese @debtzapper That's good to hear. I thought it was too good to be true! Quick question: Since they sent it unsigned,if I sign and mail it back do I just put in a request for a copy of the document after they sign as well in the envelope? Or is there a more procedural way to ensure they send me a copy of the final document with both signatures?
  2. @fisthardcheese @BV80 @shellieh98 @Clydesmom Thanks so much for all the help! Seriously, I couldn't hae made it through this without all of your knowledge and patience! After my motion to compel private arbitration/ dimiss with prejudice, I got a letter from their attorney saying they agree to a dismissal with prejudice if I agree with a mutual release. I was expecting them to back down but not this much. I'm afraid the release has some sneaky language in it that would be bad for me in the long run. The language concerning their effort in removing the debt from the credit bureaus raised some concern. Could you guys look over it for me and see if there are any red flags to you!? I have attached the release. Thanks again guys! Can't believe I am almost free of this!
  3. Ok, thank you! That simplifies things. For some reason I thought there was a technacalitiy where the judge couldn't rule on something you didn't ask for aka if I ask for dismissal with prejudice he could nly rule on that and not dismiss it without prejudice. I have done a lot of research on debt collection lawsuits. I feel pretty decent on pleadings thanks to you guys and I have participated in a hearing on a motion to dismiss. However, it wasn't much of a hearing since the opposing counsel just said they felt they laid out their argument well enough in their response. I've read the thread on arbitration on this forum. Is there anything else you think I should be researching?
  4. Thank You! I am going ahead and filing my my motion to compel! I am attaching a judges order to it. Should I say dismissed with prejudice so they can't sue me again or will the judge not sign one with predjudice and so I should stick to WITHOUT prejudice???
  5. Thanks! I am obviously an idiot! I'd like to say I did do my own research before posting I wasn't just expecting you guys to do my work for me. I had already seen this link but I couldn't find anywhere on the PDF where it mentioned thankyou preffered so I moved along.
  6. Had a hearing on my Motion to Dismiss. As predicted by everyone here it got denied. However, the judge wasn't pissed off for wasting his time. He was fairly impressed with my <-(read you guys') legal knowledge. He said I raised valid arguments about the affidavit but this was not the time to raise them. So I am out of ideas on how to procure my 2012 or 2013 Citibank ThankYou Preferred cc agreement! I have called citibank and they refused to give me any info bc they sold the account to Cavarly. I filed a complaint with the CFPB but they haven't got back to me. And when I called they said Citibank has 15 intial days and can demand another 50 days before handing it over. I have looked all over the CFPB database. The archived databases have thousands of cc agreements but they are all named "creditcard agreement_xxxx" with the xxxx being replaced by a number. I have no idea how these relate to the card issuer or type of card so I can search the database. I called CFPB twice and neither operator seemed to have a clue. I mean LITERALLY not a clue. I had to guide them to their own website database. Can anyone think of a way to find this CC agreement? 2012 or 2013 Citibank ThankYou Preferred . I would love you forever and ever! I want to file a motion to compel arbitratrtion as my next step but I need my CC agreement so I can quote it and attach it as an exhibit. Could I file a motion to compel without quoting my CC agreement? I know it includes JAWS and AAA but i do not know the language since I no longer have it. Thanks again everyone for all you time, help and advice!
  7. @BV80 @Clydesmom @fisthardcheese @Xerxes I just got a letter in the mail saying there is a hearing set on my motion to dismiss due to lack of standing. This is the motion I posted on this post before. I did not expect a hearing! I thought the judge would decide from my motion and their response. I have no clue howto prepare! 1) Does this mean there is a chance it is dismissed or is it a formality? I'm in st. joseph county Indiana 2) How do I prepare for this hearing? 3) Should I have a motion to compel arbritration ready to present in case the suit isn't dismissed from my first MTD? or just file it regularly?
  8. The affidavait of debt they sent me in the complaint says the last payment was made on 02/24/2015 . Although I do not recall making such a payment. I have just submitted a complaint. However, CFPB website says it did not collect agreements for 2015! Should I just submitt my Motion to compel with the CC agreement you @Xerxes sent me? Is it a Thank You preferred Agreeement? Or should I give Cavalry SPV a call and try to get the CC agreement from them?
  9. @Clydesmom @BV80 @fisthardcheese How can I obtain a copy of my EXACT CC agreement?!? I have called citibank like 5 times attempting to. Finally someone told me they could not because my account is under attorney control and tried to give me the number to Cavalry SPV.
  10. @BV80 @fisthardcheese This a draft of my motion to compel. Any words of advice?! STATE OF INDIANA IN THE ST JOSEPH CIRCUIT COURT COUNTY OF ST JOSEPH CAVALRY SPV I, LLC ) Plaintiff ) ) vs. ) Case No. ******************** ) ) ******************** ) Defendant MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following: 1. That on or about******************** , 2016, Plaintiff filed its Complaint against Defendant. 2. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit A, attached). 3. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things: a) “Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called “Claims”).” “All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, thirdparty claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.” c) “We and anyone to whom we assign your debt will not initiate an arbitration proceeding to collect a debt from you unless you assert a Claim against us or our assignee. We and any assignee may seek arbitration on an individual basis of any Claim asserted by you, whether in arbitration or any proceeding, including in a proceeding to collect a debt. You may seek arbitration on an individual basis of any Claim asserted against you, including in a proceeding to collect a debt” d) “At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.” e) “This arbitration provision shall survive: (i) termination or changes in the Agreement, the account, or the relationship between you and us concerning the account; (ii) the bankruptcy of any party; and (iii) any transfer, sale or assignment of your account, or any amounts owed on your account, to any other person or entity. If any portion of this arbitration provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force. No portion of this arbitration provision may be amended, severed or waived absent a written agreement between you and us.” f) THIS ARBITRATION PROVISION IS MADE PURSUANT TO A TRANSACTION INVOLVING INTERSTATE COMMERCE AND SHALL BE GOVERNED BY AND ENFORCEABLE UNDER THE FEDERAL ARBITRATION ACT. 4. The Federal Arbitration Act (FAA) 9 USC, Section provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . " 5. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored. "We have described this provision as reflecting both a 'liberal federal policy favoring arbitration,' Moses H. Cone, supra, at 24, 103 S.Ct. 927, and the 'fundamental principle that arbitration is a matter of contract,' Rent-A-Center, West, Inc. v. Jackson, 561 U.S. ___, ___, 130 S.Ct. 2772, 2776, 177 L.Ed.2d 403 (2010). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts. Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. 440, 443, 126 S.Ct. 1204, 163 L.Ed.2d 1038 (2006), and enforce them according to their terms. Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ., 489 U.S. 468, 478, 109 S.Ct. 1248, 103 L.Ed.2d 488 (1989). 6. "Indiana and federal law recognize a strong policy of favoring enforcement of arbitration agreements." Safety Nat'l Cas. Co. v. Cinergy Corp., 829 N.E.2d 986, 1000 (Ind.Ct.App.2005), trans. denied. Thus, when construing arbitration agreements, every doubt is to be resolved in favor of arbitration. Green Tree Servicing, LLC v. Brough, 930 N.E.2d 1238 (Ind.Ct.App. 2010). 7. The Defendant elects arbitration to settle this dispute. 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 ________________, 2016 ********************, Defendant, pro se ___________________________________ Signature of Defendant
  11. Whoa thanks! Where did you find this by the way? This one allows me to choose JAMS! However, I definitely have to pay the filing fee.
  12. no, they probably did. I just never had any interaction with them.
  13. " First, I would like to say to "read" your agreements! There is a wealth of information there and depending on who you might be up against, the agreements and/or even the years of the same creditor's agreements can be different. Always look for one that is more to your liking and use it as the governing agreement. If you attach an affidavit, that makes it a fact before the court. To defeat this, the creditor would have to provide authentic evidence or a witness from the OC with personal knowledge - anything else would be hearsay. So, in other words once you file your affidavit, you've just twined another obstacle in the creditor's path." This is the quote from the arbitration thread by @Linda7