Jump to content

mrb0x

Members
  • Posts

    39
  • Joined

  • Last visited

  • Days Won

    1

Everything posted by mrb0x

  1. Did you receive notice that they received your paperwork? They notified me rather quickly via email when they received mine and assigned a case # and case manager. They mentioned the case manager would contact me a week later, but I did not receive anything until today (consumer arbitration notice), which is about 2 1/2 weeks since they received.
  2. Based off your information, it seems you haven't been served your summons yet. Wait for the summons and then file your answer. I am also a newb here on the forums, and would like to tell you, don't be afraid. Stress is part of it, but don't let it eat you up. If you do your research from previous posts, along with the great advice from the experienced members here, you'll get through it! Also, do you have a credit card agreement? That would also be helpful information, it may include an arbitration clause. I am unsure of the small claims pre trial conference hearing, it may be something that pertains to your state? The receipt is probably the attorney's paying for the filing fees, nothing you have to really worry about.
  3. Thanks @fisthardcheese. This is what it states for a General Denial in California. So, based off what is written in the form itself, I am assuming that the complaint is not verified, therefore I can use this form. I know the complaint is not verified as it does not state anywhere that they have verified the complaint. So next step is to check box #2, and state Lack of Subject Matter Jurisdiction per the Arbitration Clause located in pages 9 through 12 of the card agreement. Would this one line really be sufficient? haha. As far at the MTC goes, one question is this section "WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration." So if the Judge grants the MTC, how likely is that they will dismiss the complaint? I really do appreciate the advice and help!!
  4. Hi All, I was finally served yesterday at 8am at home in person. Included in the summons, was the comlaint, Exhibit 1 - Bill of Sale, Asset Schedule, Affidavit of Sale of Account by OC, and Certificate of Conformity, Exhibit 2 - One CC statement, Declaration Regarding Statement of Venue, Civil Case Cover Sheet, and finally an ADR information package. I don't think there is anything out of the order here so I wanted to write my answer as soon as possible, but am stuck. The complaint is a Limited Civil Case, Complaint for Common Counts. 1. Account Stated and 2. Open Book, which seems to be the norm from my research. When filing an answer, do I file a general denial with just 1 affirmative defense of lack of jurisdiction? It is to my understanding that since I've elected arbitration that I will also file a MTC with my answer, which I will do so accordingly using the templates provided here. As a reminder, I've already started filing with JAMS and have been assigned a case manager who has not contacted me yet. Should I contact them first? Thank you!
  5. Hi All, I've been following this thread in hopes to learn some more about JAMS as I have a case filed against me by a JDB and not an OC. I've filed my demand for arb with JAMS, but all the discussion about op's judgement for all fees kind of freaked me out and am confused now with all this information. I am in California and rule #8 of the minimum standards does give me some hope, but I do want to be sure. My question is do the "STANDARD ARBITRATION CLAUSES" from JAMS not apply to consumer cases? I know there a the minimum standards which are specifically stated for consumers, but the Standard does not state whether it applies just to commercial or consumer, rather just domestic and international. The Standard Arbitration Clauses has this in there: FEES AND COSTS TO PREVAILING PARTY A "prevailing party" clause such as the following tends to discourage frivolous claims, counterclaims and defenses, as well as scorched earth discovery, in an arbitration: I may have not read thoroughly and missed something so please correct me if I'm wrong. I do appreciate all the info here as I am learning a great deal. Thank you all!
  6. @fisthardcheese Thank you again. I'll post an update when I get served, how long does this usually take? Once case is filed with the court, is there any possible chance they drop it even before I get served? I was thinking this since they rejected my first settlement offer and I filed for arbitration right after I sent in the offer. Also wondering if this would give me any leverage? In any way would they be able to use my first settlement offer against me? I did state in the settlement offer that the offer does not acknowledge the debt as mine and that they should not speak to any other 3rd party about the offer.
  7. @fisthardcheese Thank you. It is not Midland, rather Cavalry. Today I received a rejection letter of my settlement offer from the attorney and also a solicitation mail from another lawyer saying they could help me as there was a case filed under my name against said JDB. I was dumbfounded by it so I went back to check given that the solicitation mail had the case number and low and behold there was a case filed on May 7th. Suprisingly, its not listed as a small claims case, but rather a civil case. That's why I didn't find anything the first time.... So the site lists Case Summary (Case Type: RULE 3.740 COLLECTIONS), the Register of Actions and such, with a summons issued and etc. I have yet to receive the summons, but as you know, I've started the arbitration process with JAMS, in which they will be contacting me early next week, hopefully Monday. I'm sort of freaking out now, trying to be calm... lol.. What are the next steps? Am I SOL? Do I wait to be summoned and then request MTC? Happy Mother's Day to all you mothers, hope you all have a good one and thank you for the advice and will look forward to more advice in the future with this case!
  8. Thank you @Harry Seaward As an update to the balance decrease, is it just because of CK and CS weird system that it acknowledges the balance decrease as a payment, when I haven't paid anything?
  9. @fisthardcheese I've checked my county's superior court and have looked for filed cases between March until now and do not see anything that has been filed against my name. I have received a reply from JAMS stating they have received my request with a REF #. Is this the case number? Also, I have not paid the $250 fee and they did not mention it. They are asking if I have a contact person for the respondent, but I do not, only info I have is the attorney contact. Will this be an issue? *Edit / Update* Been a few emails going back and forth asking for more information, but now have a case manager assigned and they will be contacting me next week. Any advice on what to expect or should prepare? Thank you!
  10. Hi All, Just a quick question I had as I got an alert today that there were some updates to my credit from Karma and Sesame. I checked and it showed that a collections account I am currently working on but haven't paid anything shows that it decreased by $1. Is this a tactic by the collections agency (Cavalry) of some sort? Balance originally reported as $1907, then decreased to $1906. Actual balance is mentioned and and 0.98 cents, so it looks like they rounded up originally and then shaved off the cents. I'm confused and think its some shady tactic. Thanks!
  11. @fisthardcheese Thanks for the reply. I haven't been served and don't know if they filed anything in court yet. How would I check this? Thank you
  12. @BackFromTheDebt Thank you for the quick reply! When sending the copy to the attorney do I just send them a copy of the demand for arbitration form? Should I include a cover letter of some sort stating that I am electing arbitration?
  13. Hi All, Haven't been served yet, but did receive a intent to file lawsuit letter. I have filled out the JAMS Demand form and will be sending it out today. I'm in California and the amount is just less than $2,000 for Citi. I've gone over the CC agreement and see that it does state that if filed in small claims then claims are not subject to arbitration. My question is, although filing before being served, would they still serve me and try to take to court? Another thing is, I am told that I need to pay the $250 by JAMS, but according to @fisthardcheese post regarding arbitration, it says to not pay initially and they will send a payment request afterwards. I've sent the forms to JAMS and the attorney, how likely will it be sent back due to non payment? Now, do I just sit back and wait? Any other things I should read up on and be prepared for? Thank you for all the help!
  14. mrb0x

    delete

    deleted
×
×
  • Create New...