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Everything posted by equalme

  1. So went to court today, waste of time, missed my exam just for a motion for continuance. The judge called my name and this is how it went down: ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Judge: Are you denying this debt? Me: Yes Judge: Ok, this case will be granted motion for continuance with the next hearing date on 6-25 Me: I am filing for arbitration (which I mentioned in my response to the summon, sent to both court and plaintiff), is there a reason we are motioning for continuance? Judge: Well of course, the plaintiff will need time for discovery and if there is even a clause for the arbitration. Me: I have the agreement right here. (Starts to pull out MTC Arbitration which includes copies of certified mail receipt, copy of the letter I sent to the plaintiff to notify intention for arbitration, and the terms and conditions of my contract with Synchrony which was notarized and provided in my summon) Judge: (Glares at me pretty much as if I was doing something wrong...so I did not pull out the MTC) Me: Am I to submit the Demand for Arbitration via JAMs before the next hearing then? Judge: You are your own attorney, you can do whatever you want. Me: (Very confused and annoyed at this moment) Is the next hearing date flexible? I had to re-schedule an exam today just to have the case moved for continuance. Judge: Limited Actions court only see cases on Monday and Wednesdays. Me: I would like to request to change the next hearing to Wednesday 6-27. Judge: This attorney only comes to court on Mondays. Me: (WTF...so the case can be scheduled around the convenience of the attorney but not mine even though the judge literally said "Your are your own attorney." Super frustrated.) Judge: So we are motioning for continuance of this case for 6-25. Please wait for the attorney across the hall to discuss. Me: (Walks out, waits 10 minutes for attorney to come out) Attorney: (Non-chalantly) So you are filing for arbitration? Me: Yes Attorney: Ok, bye. (walks away) ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Should I have been more aggressive? Could I have said "I request motion to deny continuance since plaintiff was notified of arbitration almost two weeks ago and that time should have been utilized for discovery?" or "There is nothing to discover as the arbitration is written in the agreement provided by the plaintiff, further discovery can be done in arbitration." Should I have just whipped out the Motion to Compel Arbitration and also the form to hold the case pending arbitration? None the less, I felt lost. The judge did not give a rats a$$ and was there to just sign judgements all day.
  2. I have a court docket set for later this month on a Monday for which I am being sued from Synchrony Bank. I attend an accelerated graduate program in which I go to school Monday-Thursday. On that specific date of the docket, I have two exams which will be very difficult to re-schedule. Tuesdays and Wednesday are also not convenient as I am at the hospital for 8-12 hours for my clinical hours. I spoke with the Chapter 61 Limited Actions clerk in Wyandotte County, Kansas and was told that plaintiff will need to agree to a motion for continuance and if they refuse then I am SOL. I contacted the plaintiff attorney, Kramer and Frank, and the rep verbally told me they will file for a motion of continuance but they do not file until the day of the docket when they're in front of the judge already. So If for some reason the judge denies the motion, then I am also SOL as I won't be there. What are my options? I find it absurd that I cannot submit a motion for continuance on my own whether the plaintiff agrees to it or not. It should ultimately be up to the judge to decide if the continuance is reasonable in my situation.
  3. What I am planning on doing; 1. File answer with court regarding dispute and also filing MTC Arbitration with JAMS. 2. Send certified mail to plaintiff attorney to notify them of MTC Arbitration with JAMS. 3. Attend court docket and not say anything as it no longer resides via the court system due to request for arbitration. Is there any reason where a judge can deny arbitration?
  4. Great. In response to the court, I have to reply back is I plan to dispute the petition. What should I put for answers on the following: 1. What the dispute is? 2. Any affirmative defenses you have to claim?
  5. So I really think the court system sucks. I called the court clerk requesting information and was told the plaintiff will need to agree to move for a continuance, if they refuse, then I am out of luck and will need to show up to court on that given date no matter the situation or be given a judgement. I also asked if arbitration is considered a dispute since it states I need to file all disputes within 14 days. I was told that was legal advice and they cannot help me. how is that freaking legal advice as it is more of a policy and procedure question?! I also found out my case is a chapter 61 limited action case which I have no clue what the difference is compared to a basic civil suit.
  6. Well that will be fun for me. Lol. So it seems like Synchrony decided to sue my themselves on this single account but my other two accounts from Synchrony were sold off to Midland. Weird. None the less, I was served on 4/25/18. The document says I need to respond back within 14 days if I decide to dispute the petition. If I'm demanding arbitration, is that considered dispute? Otherwise, do I need to respond back if not? Also, what are the chances of having the court docket rescheduled? It falls on a Monday where I have an exam and quiz.
  7. Not if they expect me to pay that 50% right up front. The most I would be able to comfortably afford is $100 a month since I'm paying $2300 a month for my graduate program in which I graduate in three months; I'm barely scraping by making that payment. Do you think I'll get the best settlement before or after the arbitration? Do you think they'll more likely give a better offer when they hear I am going that route?
  8. Debt is $3688 plus $1190 interest and court fees. So to arbitrate or not? I had thought about calling the firm to negotiate a settlement but likely won't get a good percentage off since they already filed a suit.
  9. Random server showed up at my house while I was at school. My roommate girlfriend (who does not live there) answered the door, he asked for me by my name and did not introduce himself, purpose, or who he represents. She told him that I was at work (she did not know where I was but that I wasn't home). He specifically said "That's fine, you can accept this and just give it to him." Not knowing what was going on, she agreed to it. He asked for her name which she gave; he did not ask her relation to me or even verified that she was over the age of 18. The summon was not sealed or even secured in any other way except for a single staple holding it together. There was no regards to privacy in any way. My roommates were able to read everything including the last four of my social. There were no other attempts made to directly reach me. The plaintiff is the original creditor (Synchrony Bank Vs Me) and is being represented by K-ramer and F-rank (looks to be a local law firm that specialize in collections). Last date of activity was 5/2017. Were there any privacy laws or improper summon that was crossed? What are my options? I am currently a full time student in a graduate program with no significant current income until I graduate in three months. I do not own a home or assets other than my vehicle which I own. I'm thinking the best option I have right now is to speak with the firm, agree to a settlement, and hopefully they'll be able to take small payments until I finish school... 1. Who is the named plaintiff in the suit? Synchrony Bank 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kramer and Frank PC. 3. How much are you being sued for? $3688 plus $1190 interest and court fees. 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank / ABT Electronic 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) Received by roommate girlfriend when I was not home. 7. Was the service legal as required by your state? Kansas - I think so. 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? Kansas / Wyandotte County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) May 30th 2017 11. What is the SOL on the debt? To find out: 5 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). Court Summon - Count 1: Breach of Contract, Count 2: Account Stated (Alternative) 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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. No 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? Court appearance 26 days. Must respond in 14 days if disputing. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Credit card agreement (Pricing information addendum, variable terms addendum, rate and fees table, standard provisions the account agreement, and Summary of account activity from last statement.
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