wernda1234

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wernda1234 last won the day on January 17

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About wernda1234

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  1. Please see this link from our friend fisthardcheese about arbitration
  2. SOL is the statue of limitations - this is the time period in which you could be sued for the debt. Debt collectors can still try to collect the debt outside the SOL but they cannot sue you for it. Depending on your cardholder agreement, there may be language in there that says any disputes must be resolved via arbitration vs. filing a lawsuit. Arbitration is very expensive for the plaintiff and they may decide to withdraw the lawsuit and quit.
  3. Agreed; I would not ignore it; that only results in a default judgement against you
  4. Thank you for posting, Pique. While I am not a Maine resident, I got a similar call a few months ago, and it was a scam. When I finally got a person on the phone, they couldn't provide any details about the alleged debt, and I feel like they were "phishing" for information for identity theft. I asked them to send me a written statement and hung up. As I understand it, SOL only applies if you are sued. SOL doesn't keep a JDB from trying to collection, only from suing for a debt outside of it.
  5. Thank you, Jimmy. My thanks also to Goody_Ouchless, Clydesmom, BV80, Shellieh98, and Harry Seaward! I appreciate everyone taking their valuable time to help me.
  6. Update - case dismissed w/o prejudice today. Plaintiff never responded.
  7. Thank you, Jimmy! Per Arkansas Rule 6(c), "any party opposing a motion shall serve a response within 10 days after service of the motion". Subsection (d) allows another 3 days to respond if the motion was served by mail, which it was.
  8. Update - no response from the Plaintiff to my 9/26/17 MTC. The court filed a Rule 41 Notice yesterday, announcing that "the case will be dismissed per Rule 41 of the Arkansas Rules of Civil Procedure for want of prosecution unless, within two (2) weeks from the date of this notice, application is made upon a showing of good cause to continue this case on the Court's docket" I assume that I would just stay quiet and not respond? Should I be preparing for something else? Thank you for your help
  9. Based on advice from other members, I believe you file the MTC arbitration first, and if the court grants the motion, then you commence the action with AAA or JAMS. It has also been suggested to bring the completed arbitration paperwork with you to the MTC hearing to show the court you are ready to go. While not up on your state's procedures, I think the most important part now is to answer the complaint and to list arbitration as an affirmative defense. It would suck to miss the time frame allowed to answer and end up with a default/summary judgement
  10. I know this can be very frustrating; the good news is that there is a lot of wisdom and experience on this site. To help us help you, please complete the questionnaire - know you have answered some of this in your first posting, but filling out can be very helpful. 1. Who is the named plaintiff in the suit? 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? 4. Who is the original creditor? (if not the Plaintiff) 5. How do you know you are being sued? (You were served, right?) 6. How were you served? (Mail, In person, Notice on door) 7. Was the service legal as required by your state? 8. What was your correspondence (if any) with the people suing you before you think you were being sued? 9. What state and county do you live in? 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 11. What is the SOL on the debt? To find out: 12. What is the status of your case? Suit served? Motions filed? 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) 14. Did you request debt validation before the suit was filed? 15. How long do you have to respond to the suit? 16. What evidence did they send with the summons? I don't have any experience in IN courts; however, I do know that the most important thing you can do now is to file an answer to the complaint per your state rules of civil procedure within the required time frame; if you don't, you risk default/summary judgement. You would need to list arbitration as one of your affirmative defenses.
  11. I see that terms and conditions were referenced as one of the exhibits, but I didn't see them in the attached file. Was arbitration mentioned in those? Should be in the original paperwork.
  12. Here is my MTC. Once I finalize it, I will print, adjust dates, get the verification by affidavit notarized, and off it goes. Not sure why the numbering and font is off when I cut/pasted, but it is correct on the printed version IN THE CIRCUIT OF XXXXX COUNTY, ARKANSAS CIVIL DIVISION XXXXXXX PLAINTIFF v. Case No. XXXX XXXXXXX DEFENDANT DEFENDANT’S MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND DISMISS, OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES now the Defendant, XXXXXX, pro se, for its Motion to Compel Private/Contractual Arbitration and as grounds thereto states the following: That on or around XXXX Plaintiff (“XXXXXX") filed its Complaint against Defendant. That as part of its Complaint, XXXXX included, among other exhibits, an Exhibit IV (“Exhibit”), purporting to be the Account Terms and Conditions (“Terms and Conditions”). This Exhibit consisted of: Three (3) page Fact Sheet consisting of: One (1) page Cover Sheet dated May 6, 2016. Two (2) page Fact Sheet (“Fact Sheet”). Sixteen (16) pages titled Card Agreement (“Card Agreement”). That on page three of the Fact Sheet it states that “this account is subject to arbitration”. That pages nine through twelve of the Card Agreement contain the arbitration provisions. That neither a trial has yet been scheduled in this matter nor a final judgment entered. That Defendant moves this Court to compel private/contractual arbitration based on the terms of conditions of the Account (see copy of Plaintiff’s Exhibit IV, attached). The parties are bound by the Account Terms and Conditions. The arbitration provisions state, among other things: “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”) “At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or final judgement has been entered.” “Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (“FAA”). The Federal Arbitration Act (FAA) 9 USC, Section 1-2 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”. 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. The Defendant elects arbitration to settle this dispute, WHEREFORE, in accordance with Arkansas Uniform Arbitration Act, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Card Agreement and to dismiss Plaintiff’s Complaint with prejudice, or in the alternative, to stay proceedings pending such arbitration. A copy of the Exhibit referenced above and submitted by Plaintiff in their original Complaint is attached. Respectfully submitted on the 21st day of September, 2017, by VERIFICATION BY AFFIDAVIT Personally appeared before me, the undersigned, who on oath states the facts set for in this Motion to Compel Private/Contractual Arbitration and Dismiss, or in the Alternative, To Stay Proceedings Pending Arbitration are true and correct to the best of his knowledge and belief. CERTIFICATE OF SERVICE I, the undersigned, do hereby certify that I have mailed a copy of the foregoing, by United States Mail, Certified, Return Receipt Requested, postage prepaid this 21st day of September, 2017, to the following: XXXXX XXXXX XXXXX XXXX, XX XXXXX-XXXX XXXXX Defendant, pro se XXXXXX XXXXX, XX XXXXX-XXXX
  13. I found the attached document on the El Paso court site; from you post, I am assuming this is the right court. For now, please focus on your answer to the citation. It looks like a written answer is due within 10 days. Failing to file a timely answer usually means the other side wins. smallclaims_justicecourt_info.pdf