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ketokone

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Posts posted by ketokone

  1. I have a Chase charge-off from 2016 for $25k. I was contacted by MRS offering $13k settlement last year, they offered again for $11k. Next I was contacted by Client Services for $8k, then $7k. Last month I was contacted by Nationwide Credit, Inc, this time for $5k one time payment. It seems like a good deal, I can come up with close to $4k and have a family member help for the rest if need be.

    I will contact Chase to confirm Nationwide Credit is the agency that is handling the debt, and not a JDB. I've been doing some reading, want to make sure I have everything correct. Here's my plan of actions + some questions.

    1. After confirming NCI is authorized to negotiate, do you think they would go lower, or should I take the $5k deal and run?

    2. Their letter says I can settle this account for $5k, but should I be looking for more specific language in writing? I want to make sure I'm not on the hook for the remaining balance later. What specific language should I request in writing to guarantee that?

    3. Does the method of payment matter? I've read some accounts of using a Cashier's Check, but I've read elsewhere it doesn't matter?

    4. They are not currently reporting, only the original Chase is showing charge-off. If I settle with NCI, is that going to be another entry? 

  2. On 7/15/2018 at 11:47 AM, Pericles said:

    If you file with the AAA first, before you have a court order, and Cavalry is not currently in good standing with the AAA (see here), then the AAA could refuse to accept jurisdiction of the matter, and send you a rejection letter like this one, which Cavalry could use as an exhibit in their opposition to your motion to compel arbitration.

    In order to avoid this possibility, it is probably better to wait to file with the AAA until you have a court order from your granted motion to compel arbitration.  This doesn't apply to JAMS, which may be available in an older version of the account agreement (via a survivability provision), but if you choose JAMS, you will have greater exposure to arbitration cost re-allocation than you would with the AAA.  But also potentially less leverage, because the AAA is less expensive than JAMS.

     

    Learn what a small claims complaint in circuit court looks like by reading all of the old IL threads on the forum.  Compare that to the complaint in your case in order to describe why you believe that your case or complaint is not small claims.  Draw venn diagrams, if necessary, to demonstrate how your case is excluded from small claims.  Show the features that a small claims case necessarily must have that your case lacks, and vice-versa.

    Thank you, this is exactly what I needed.

  3. If they argue "small claims" how do I format a reply, because they definitely did not file it in small claims court. That's a different court and form they would have had to use. Also still not sure if I need to file through AAA first, or do I wait until after filing a MTC?

  4. It's not small claims, which is good because the cardmember agreement says arbitration doesn't apply there.

    I went in today and filed my appearance, no answer was required because it was under 10k. I've spoken to an attorney that was mentioned on these boards often, they would charge me $1k and claimed they can bring a settlement of $500-1000. I'm in the process of doing more research to see if I will go that route, or try for arbitration first.

    I obtained the forms to file a MTC, for other people in Cook you need to file a motion notice as well. 

    Questions I still have/still researching:

    1. Will going for arbitration most likely cause the JDB to drop the case? It would be through AAA as listed on the cardmember agreement. 

    2. Do I need to file through AAA first, or do I wait until after filing a MTC?

    3. Would trying for arbitration in any way negatively impact my chances going the attorney route? Just in case arbitration was denied, or if they wanted to keeping fighting in AAA.

    4. Does anyone have an affidavit example concerning cardmember agreements? I read adding that to the MTC would eliminate any arguments as to the validity of the agreement.

  5. Being sued by Cavalry for $4,000. I'm not even sure what I'm suppose to do at this point, I know I buried my head in the sand, and am scrambling to read as much as possible now. 

    I've attached a copy of the complaints, not sure how I'm suppose to answer, and is there a format I need to follow for it?

    I've read about arbitration, I looked up my agreement from last time of alleged last payment for Citibank. It says arbitration is through AAA. It also says individual claims filed in small claims court are not subject to arbitration. 

    1. Who is the named plaintiff in the suit?

    Cavalry SPV I, LLC

    3. How much are you being sued for?

    4. Who is the original creditor? (if not the Plaintiff)

    5. How do you know you are being sued? (You were served, right?)

    Served

    6. How were you served? (Mail, In person, Notice on door)

    In person

    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?

    10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)

    11. When did you open the account (looking to establish what card agreement may be applicable)?

    12. What is the SOL on the debt? To find out:

    Statute of Limitations on Debts

    13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name).

    I was served papers, I haven't taken any other steps

    14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?)

    No

    15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract').

    No.  

    16. 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?

    There is no questionnaire.

    Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits

    17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.

     


     

     

     

     

     

     

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