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MikeB35 last won the day on August 12

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  1. Updating my thread as I am now officially finished. After initiation with JAMS PRA did not want to further the case so they asked for a mutual walk away. I told them only if it is w/prejudice. So this makes win number 3 now. Arb in Ohio is a viable strategy, and I wouldn't have been able to do it without the help from the wonderful community! This win is for you guys!
  2. Im so glad I can help others going through tough times. Please keep in mind as you go through my thread that I did learn as I went. YOUR court rules may be different then mine, but make sure to check and see. I hope the info guides you to success, and calms your nerves a bit. Proofread many many times and check for any kind of errors.
  3. Dismissal will not help you, as @Clydesmom pointed out. Having a solid defence in a situation like this is grim at best. They have everything they need to get a judgment against you. Unfortunately this is a OC debt with Cap1. They have no arbitration clause in their CC agreement, that takes any golden ticket you had out of the equation. I would try my hand at settling with them, I think that may be your best course of action. Im sorry, I wish I had great advise to give, but unfortunately without arbitration the battle is much harder.
  4. Im here, but I am not sure on how I can be of assistance. Unfortunately, being through Cap1 there is a little I can do to help. I did deal with LVNV ( rep. by Stenger and Stenger) They were pretty typical in making wild accusations, and clerical errors. Most of which were them trying to throw dirt on me until I flipped everything on them. They were very quick to throw in the towel once they lost their footing. I wish I had great advice to give, but I have 0 experience dealing with OC debt. I will check back and do my best to answer any questions. Tag me if you need anything!
  5. Im sorry I have been away for a few days. If there is anything I can help with just let me know. I will do my best.
  6. They pretty much have everything needed to get a judgment against you. The best course of action is arbitration. If you did not assert arbitration as your defense, I would heed Brotherskeeper's advise, to file a leave to file an amended answer. Make sure to point out that you did not know of arbitration until the plaintiff provided you the agreement, it is only then you learned your right to arbitration.
  7. Do you have another thread? Im just trying to see where you got your advice for furthering your case. From the above paragraph it looks like you did a lot of unnecessary work, the only thing all of that did was buy you a little time. Strategically you want to buy time while in arbitration, not in the courts. Who is the law firm? When was your account opened?
  8. Oddly enough just after posting my update I got an Email from the JDB, he wants a mutual walk away. I told him I am willing to drop my arb case with a mutual dismissal w/prejudice. all in all great news!
  9. Got a group Email from JAMS yesterday asking for the $1500 retainer from the Respondent. Do I just let this one go, and wait to see if the JDB responds?
  10. Yes sir! Thanks for the reassurance!
  11. No sir, this is what JAMS sent me two weeks ago after I had already submitted the proper packets to them.
  12. Not that I know of. Ill email her now.
  13. Sorry for the delay, I got my Demand, Notice of Intent, JAMS Policy, and Proof of service. I have not received an invoice.
  14. *Update* Still no word from the JDB, we both got our arbitration papers 2 weeks ago. I figured something would happen by now. Ill send an e-mail to the case worker tomorrow and see whats new.
  15. I understand there may be watchful eyes, I just want to make sure to paint a correct picture. First and foremost make sure to read up on your local court rules and procedures, thats pretty much step one. This will inform you on your timeline and proper procedures. After you have established the above step, it may be a good idea to search other cases in the forums similar to yours. (I.e. the JDB, and state.) Many of the community members are very knowledgeable, and extremely helpful in assistance with drafting up your answer. Keep in mind if you do post your drafts in your thread to redact any and all information pertaining to you personally or your case# etc. It is a nerve wrecking process, however many of the methods in defending yourself are battle tested. Just take your time, breath, and be sure to read, then read again over everything you type up.