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indiana gal

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  1. So, it wouldn't do any good to let it go to court then correct? I don't want to file BK, so I might as well settle when I call them for initial hearing with lawyers?
  2. I was just served papers from a law firm representing Capital One credit card debt. A telephone hearing is scheduled for November. What is my best approach to this. I had PRA drop a case against me in arbitration last year but from what I am reading Capital One (original creditor) is a whole different situation. 1. Who is the named plaintiff in the suit? Capital One Bank 2. What is the name of the law firm handling the suit? Stenger & Stenger, PC (out of Grand Rapids, MI) 3. How much are you being sued for? $1906.54 4. Who is the original creditor? Capital One 5. How do you know you are being sued? Papers left at my door a few days ago and mailed by law firm also 6. How were you served? Left at door 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? none 9. What state and county do you live in? Indiana, Allen county 10. When is the last time you paid on this account? 2017 11. When did you open the account? 2015 12. What is the SOL on the debt? To find out: for Indiana, chart says 10 years written, 6 years open-ended 13. What is the status of your case? Was just served papers for small claims. Papers state that a hearing by phone has been scheduled for November. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency? possibly, not sure 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? a month and a half. 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. "Defendant opened an account with Capital One Bank, account number ***. Defendant has failed to pay as agreed and a balance of $1906.54 is owed on said account." Did you receive an interrogatory (questionnaire) regarding the lawsuit? no 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exhibit A - affidavit of Non-Military Service. Exhibit B - A statement from Nov 2017 showing past due amount and interest accrual. 18. How did you find out about this site? internet search
  3. I just received a notice in the mail from PRA's attorney that they filed a Motion to Dismiss the case in court and the small claims court judge granted a dismissal with prejudice of the case against me. So, I was very happy to get that news! I started to get a bit worried because the case manager from JAMS said that the arbitration clause did not necessarily mean PRA would have to pay. So, I am now going to request to dismiss the arbitration case with JAMS, or should I just let it be dismissed for nonpayment by PRA?
  4. Ok, thank you. I wasn't sure because the wording makes it sound like they will pay only if you prevail in your case (win?). ***Do I need to send this cover letter to my JDB's attorney also or just to JAMS?? Is there a sample cover letter I could use as a guide for this? I'm not sure whether to do a business cover letter or more of a legal document format. I couldn't find an example letter, so I am just doing a business letter format at the moment. But not sure whether I need to send the cover letter to JDB attorney also?
  5. Can someone please explain to me what discovery is and if this would apply in my arbitration with JAMS that I am working on filing?
  6. Hello everyone. I am working on a Demand for Arbitration through JAMS against Portfolio Recovery for a synchrony bank/amazon card. They sued me for $973 in small claims in Indiana. The small claims court judge granted me 60 days to file arbitration after I filed a motion to compel arbitration. I am choosing to file with JAMS even through the lawyer responded to my motion with a response citing AAA and attaching AAA Rules and asking judge to order me to initiate arbitration with AAA within 60 days. The judge responded with an order for me to commence arbitration within 60 days or consider my right to arbitration waived. He did not specify I needed to file with AAA (or any specific company) and my card agreement states I may choose JAMS or AAA. So, I am going with JAMS and assume this is ok and within my rights per card agreement and that said lawyer was trying to manipulate. I did read the arbitration post by Fisthardcheese and have a couple questions. 1. I'm not sure what to put in the "Nature of Dispute/Claims and Relief sought by Claimant" section. I have no evidence of violation of laws or fair debt collection practices. Should I just put, "Billing dispute"? and then put the $973 (amount of original lawsuit) under "Amount in Controversy"? 2. Where do I put the request for PRA to pay my JAMS filing fee? And is there a example letter I can use? Do I type it into the form or attach a separate document? Should I also cite the "Waiver of Arbitration Fees" for being within 300% of federal poverty guidelines (I am not sure if my state participates in this, JAMS rep told me there are only 3 states that do this, but would not say which states) or just wait and mention that later if PRA refuses to pay? I'm probably going to leave this out for now. I am planning to send everything both by email and certified mail to both JAMS and PRA lawyer. Any help is much appreciated!
  7. I am working on a Demand for Arbitration through JAMS against Portfolio Recovery for a synchrony bank/amazon card. They sued me for $973 in small claims in Indiana. The small claims court judge granted me 60 days to file arbitration after I filed a motion to compel arbitration. I am choosing to file with JAMS even through the lawyer responded to my motion with a response citing AAA and attaching AAA Rules and asking judge to order me to initiate arbitration with AAA within 60 days. The judge responded with an order for me to commence arbitration within 60 days or consider my right to arbitration waived. He did not specify I needed to file with AAA (or any specific company) and my card agreement states I may choose JAMS or AAA. So, I am going with JAMS and assume this is ok and within my rights per card agreement and that said lawyer was trying to manipulate. I did read the arbitration post by Fisthardcheese and have a couple questions. 1. I'm not sure what to put in the "Nature of Dispute/Claims and Relief sought by Claimant" section. I have no evidence of violation of laws or fair debt collection practices. Should I just put, "Billing dispute"? and then put the $973 (amount of original lawsuit) under "Amount in Controversy"? 2. Where do I put the request for PRA to pay my JAMS filing fee? And is there a example letter I can use? Do I type it into the form or attach a separate document? Should I also cite the "Waiver of Arbitration Fees" for being within 300% of federal poverty guidelines (I am not sure if my state participates in this, JAMS rep told me there are only 3 states that do this, but would not say which states) or just wait and mention that later if PRA refuses to pay? I'm probably going to leave this out for now. I am planning to send everything both by email and certified mail to both JAMS and PRA lawyer. Any help is much appreciated!
  8. Thank you, I had a feeling the PRA attorney kept referencing AAA because he did not want me to go with JAMS and was hoping I would think I had to use AAA.
  9. Thankfully the judge accepted my motion to compel arbitration and gave me 60 days to file arbitration. My credit card agreement from Amazon Synchrony gives the option to file with AAA or JAMS. Is there a better one to go with?? The attorney for PRA filed a response to the judge and kept mentioning AAA in it for some reason. But, per the card agreement, it is my choice who to choose. Any thoughts on whether to go with AAA or JAMS?
  10. My comments are due today. Just want to know if I should bother submitting motion to compel arbitration?
  11. Amazon card through synchrony bank. I argued that they did not have a signed contract by me showing that the debt is mine. Judge said credit cards are done online these days and there are no signed agreements anymore. He stated since the statements had gone to a few addresses that were mine and that he had one years worth of statements, he could conclude it was my debt. I don't know what discovery is.
  12. Portfolio Recovery has sued me in small claims for $973. Can I still request arbitration? Not sure I have any other defense. They have provided a year of statements which judge has accepted. I am on short time limit because I was given 7 days to respond with further comments since I did not receive attorneys evidence before trial.
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