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coolceruleanblue last won the day on October 31 2018

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  1. Yea, I'm going to call again a little closer to the date of the actual hearing and see what is up. Thank you all for the help!
  2. It's for a hearing. Essentially to meet with the plaintiff and a CLARO (the Civil Legal Advice and Resource Office) attorney who will assist in the pre-trial (because they can't represent you in trial). So in the morning I go, speak with the CLARO attorney (whose offices are closed so I would have to do this on my own, but in the other debt case this is how it went), they look at my papers, we see what the plaintiffs are offering settlement wise, we make a decision, they may have me file motion for discovery, etc. and essentially push it to go to the point where they would need to produce a witness if it's a Junk Debt Buyer, because if they can't produce a witness, then the case gets dismissed. Which did happen to me with a different debt that happened around the same time (I had two cards that I just lost track of when my mom got really sick several years ago, and I just couldn't afford to pay the bills because I was taking care of her in a different state, and it just all kind of spiraled out of control). With that other debt, I showed up to court three time, the third time it was a trial date, and the plaintiff was supposed to have a witness. The plaintiff's attorney didn't realize it was a trial date, so she didn't bring one, and she tried to say that I wasn't there at other hearings, but the court attorney was like "no I remember her, she's definitely been here every single time, and it clearly says it here on the card, TRIAL, in my handwriting." So the plaintiff's attorney ended up calling, and then they dropped the case and the judge dismissed it. Without prejudice, but the CLARO attorney said they probably won't come again, but that they might.
  3. I'm trying to figure out if I need to appear? This is what our civil court page posts. But I'm scheduled to appear before the court on May 11, 2020. The only thing I had done for this case is file an answer, it would have been the first time I appeared in court for this case. I think that means it would be post-poned because it's technically not on trial? But I also don't want to accidentally cause a judgement against me. I haven't received a postcard yet, and some parts of the site say they will send out postcards with new dates after resuming normal business. I'm going to call to double-check, but their staff on the lines isn't always the most reassuring.
  4. Go to Kings County CLARO! Their meeting times and info are below. Go to them this Thursday, they are volunteer attorneys who help with civil suits in NYC. They helped me with two of my cases (one with Cavalry). They usually recommend NOT settling in NYC with a JDB because NYC is a very consumer-friendly in this aspect. Times: Thursday 2:30 - 4:30 p.m. and 6:00 - 8:00 p.m. Location: Kings County Civil Courthouse 141 Livingston Street
  5. Went to CLARO today and they helped me submit my answer. Once I get my court date, I'll head back. Fingers crossed it all goes well.
  6. I'm guessing you mean in court? Crazily, speaking in front of a judge terrifies me most (maybe even more than clowns). When I was reading about arbitration in the post from the comment by BV80, it seemed like arbitration might make a JDB drop it altogether. Thank you for the advice on the Queens County CLARO. I may change it to that. I was trying to do it sooner because I'm concerned they'll try and say they left it sooner, or directly with me. The annoying thing is I can't see when the clock started ticking, because I was gone, so I don't know when they dropped it off. If we go by the date they mailed it to me and it was post-marked, I should be okay.
  7. You're right, thank you I changed it! I don't know where I got 4 from, probably my hopes and dreams. Would I file this with the court instead of the Answer of General Denial, or with it? It looks like they have elected JAMS in their agreement which is good based on the link you sent me! Thankfully I looked up a card member agreement that was on the internet archive page snapshot from 2016, and this is what they had to say about arbitration. RESOLVING A DISPUTE WITH ARBITRATION PLEASE READ THIS SECTION CAREFULLY. IF YOU DO NOT REJECT IT, THIS SECTION WILL APPLY TO YOUR ACCOUNT, AND MOST DISPUTES BETWEEN YOU AND US WILL BE SUBJECT TO INDIVIDUAL ARBITRATION. THIS MEANS THAT: (1) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE; (2) YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING; (3) LESS INFORMATION WILL BE AVAILABLE; AND (4) APPEAL RIGHTS WILL BE LIMITED. • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. • No Class Actions YOU AGREE NOT TO PARTICIPATE IN A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION AGAINST US IN COURT OR ARBITRATION. ALSO, YOU MAY NOT BRING CLAIMS AGAINST US ON BEHALF OF ANY ACCOUNTHOLDER WHO IS NOT AN ACCOUNTHOLDER ON YOUR ACCOUNT, AND YOU AGREE THAT ONLY ACCOUNTHOLDERS ON YOUR ACCOUNT MAY BE JOINED IN A SINGLE ARBITRATION WITH ANY CLAIM YOU HAVE. If a court determines that this paragraph is not fully enforceable, only this sentence will remain in force and the remainder will be null and void, and the court’s determination shall be subject to appeal. This paragraph does not apply to any lawsuit or administrative proceeding filed against us by a state or federal government agency even when such agency is seeking relief on behalf of a class of borrowers, including you. This means that we will not have the right to compel arbitration of any claim brought by such an agency. • How to start an arbitration, and the arbitration process 1. The party who wants to arbitrate must notify the other party in writing. This notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit. Otherwise, your notice must be sent to Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND. The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271,, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018,, 1-800-352-5267. If neither administrator is able or willing to handle the dispute, then the court will appoint an arbitrator. 2. If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding. 3. The arbitration administrator will appoint the arbitrator and will tell the parties what to do next. The arbitrator must be a lawyer with at least ten years of legal experience. Once appointed, the arbitrator must apply the same law and legal principles, consistent with the FAA, that would apply in court, but may use different procedural rules. If the administrator’s rules conflict with this Agreement, this Agreement will control. 4. The arbitration will take place by phone or at a reasonably convenient location. If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced. • Governing Law for Arbitration This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). Utah law shall apply to the extent state law is relevant under the FAA. The arbitrator’s decision will be final and binding, except for any appeal right under the FAA. Any court with jurisdiction may enter judgment upon the arbitrator’s award. • How to reject this section You may reject this Arbitration section of your Agreement. If you do that, only a court may be used to resolve any dispute or claim. To reject this section, you must send us a notice within 60 days after you open your account or we first provided you with your right to reject this section. The notice must include your name, address and account number, and must be mailed to Synchrony Bank, P.O. Box 965012, Orlando, FL 32896-5012. This is the only way you can reject this section.
  8. I was away visiting my parents for about 10 days, and came back to find this under my door and in my mail (it was postmarked the 25th, I left on the 22nd). I live in NYC. I've been scouring the internet since I came back as to what I can do, and I'm at a loss, scared, worried, and stressed. I have 30 days to go to the court since it wasn't delivered to me by hand. I took the day off to go on Tuesday in case I go to the Civil Court to submit my answer. Basically, should I settle? I don't have the funds to, and don't know if that will stop everything. Do I submit a General Denial? Any advice would be appreciated. 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC as assignee of Synchrony Bank formerly known as GE Capital Retail Bank. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Schacter Portnoy, LLC. 3. How much are you being sued for? 1947.70 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank (and I think it was my Amazon card?) 5. How do you know you are being sued? (You were served, right?) I received a Court Summons. 6. How were you served? (Mail, In person, Notice on door) I received papers underneath my door, and was also mailed some, mail date dated the 25th. 7. Was the service legal as required by your state? NY- and I think so? They allow door service as long as it is also mailed. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had mailed for a verification and never heard back, but didn't follow up like I should have. And then I checked their website, otherwise, nothing else. 9. What state and county do you live in? Queens, NYC, New York 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Oct 26, 2016 11. What is the SOL on the debt? To find out: 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Just a court summons right now. with cause of actions. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Nope 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. I had, but never heard back, and didn't follow up, like I should have. I am assuming they never got it? 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. None. 17. Read this article: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits
  9. Was there any update to how this was resolved? I recently received a similar letter, and was curious how this worked out for you.