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  1. Hi, I'm potentially settling a closed credit card debt with Wells Fargo that they're suing me for for less than the amount owed. I know that this hurts my credit score but does anyone know a general effect of it on my overall score? I have no other collections on my score, have student loans i'm paying, and a pretty low limit credit card that I pay off in full every month, been using/building credit for around 7 years.
  2. thanks! I think my main questions are 1. Is there a specific format for a notice of hearing 2. i assume I provide them everything i filed with my motion with the notice 3. for the service, can i mail it to them, or i did see somethings that said someone not a party to the case can mail it so I could have a housemate do it?
  3. I did that and it didn't clearly state what I am supposed to do in this step, I called and left a voicemail with the help number but it seems they've been very busy. I apologize for my ignorance, im assuming I can probably find this in some CA law statue but google hasn't worked well for me and I know I have to do this 15 days prior to the hearing which is coming up soon. For the law and motion section it states: 11.3 LAW AND MOTION (a) Calendar. The law and motion calendar shall be called at such time as is designated by the Presiding Judge. Parties shall call the civil legal process uni
  4. Hi, I am currently in the process of getting my case moved into asrbitration, you can see my other thread here: I submitted my general denial and MTC arbitration. A hearing date was set and I was told I now need to provide a notice of hearing and proof of service. I am assuming this means I need to notify their lawyer of the hearing along with providing them my MTC arbitration documents and then have it served to them with proof. I wanted to see if anyone could assist me on exactly how to do this. Do I just certified mail them everything I submitted to the court along with a letter
  5. I have not filed anything with AAA yet as I assumed that'd be premature since my MTC hasnt been granted. I have submitted a MTC to the court stating I want arbitration with AAA. I now have to submit a notice of hearing and proof of service I am assuming the court and their lawyer which is what I need help with.
  6. So I answered the complaint with a general denial, then submitted a MTC arbitration with AAA. The court clerk where I submitted the general denial, motion with supporting exhibits, and fee waiver for the motion said the next step is I then need to submit a notice of hearing and proof of service I am assuming to court and the attorney for WELLS FARGO. Can anyone help me figure out how to do this?
  7. I think I found the answer to my question; (c) The failure of a defendant to file a petition pursuant to Section 1281.2 at or before the time the defendant answers the complaint filed pursuant to subdivision (a) is a waiver of the defendant's right to compel arbitration. Now I am trying to figure out if it would be best to go with AAA like in the agreement or should I try and get them to accept JAMS. I am worried if I go with JAMS my mtc will be denied and then I would have to file a new mtc with AAA? would appreciate some advice, I did notice the closest JAMS location is very close
  8. Thank you, I'm not sure if you're familiar with California law or if someone else can chime in, but do I file the MTC arbitration with my answer to the summons, before, or after?
  9. "Each arbitration, including the selection of the arbitrator(s), shall be administered by the American Arbitration Association (AAA), or such other administrator as you and the Bank may mutually agree to" This means I can insist on JAMS right?
  10. Thanks for the advice, so my plan was to submit an answer to the summons along with the MTC arbitration with JAMS. Can I force them to use JAMS even though they have AAA in the credit card agreement and the court has it's own arbitration that can be used? (Yolo County Superior Court). I have been trying to figure out the correct way to do and any advice people would have. I have heard arbitration with an original creditor can fail. Googling the correct procedure of when/how I do arbitration in CA hasn't been completely clear so I'm hoping someone can guide me so I don't do it wrong. Thanks in
  11. The attorney "put midlands on notice" that they improperly served me, and then he plans to sue them in federal court for the improper service to get me monetary compensation and/or getting my debt removed in part of a deal with them when he sues them. He said the notice would suffice because if they proceeded to get a default judgement against me after he notified them of their improper service they would be in even more trouble. Hopefully he knows what he's doing.
  12. here is the arbitration section of wells fargo Arbitration (31) Dispute Resolution Program: Arbitration Agreement. Binding Arbitration. You and Wells Fargo Bank, N.A. (the "Bank") agree that if a Dispute arises between you and the Bank, upon demand by either you or the Bank, the Dispute shall be resolved by the following arbitration process. The foregoing notwithstanding, the Bank shall not initiate an arbitration to collect a consumer debt, but reserves the right to arbitrate all other disputes with its consumer customers. A "Dispute" is any unresolved disagreement between you
  13. 1. Who is the named plaintiff in the suit? Wells Fargo Bank NA 2. What is the name of the law firm handling the suit? Winn Law group 3. How much are you being sued for? $6,500 3. Who is the original creditor? Wells Fargo 4. How do you know you are being sued? I was personally served 5. How were you served? I was personally served 6. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I was se