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About keepingitsimple

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  1. hi @sadinca and @fisthardcheese so should I file that general denial form along with my response? I haven't really changed the response I wrote by much, just removed the counterclaim. (see attached) Does this suffice for my response? I really don't know what else I should add, especially if I file this with the general denial form.
  2. Ok, I'll make sure to remove what I listed for arbitration details, and copy it over for the MTC. Do I need to individually list each complaint and object to it, or is it sufficient enough to keep it as "objecting to all allegations and complaints made by Plaintiff"?
  3. Hi @fisthardcheese Ok, thank you for all that info and breaking it down. Makes a lot more sense. I'm going to take some time and revise my response, and will post an updated one in the next few days. I'm going to remove the violation and stick specifically to objecting the allegations and requesting arbitration, while providing specifics from the card terms regarding arbitration.
  4. Hi @fisthardcheese Ok, I'll slow it down and take my time. Is there an advantage in making them wait a little longer? I'll ignore the ADR as mentioned. I'll also remove the counterclaim. I don't know how strong the claim is, so maybe I would bring it up during arbitration, if its is approved. EDIT: What if I removed the counterclaim, but mentioned I believe they have a violation? If I'm not asking for damages, might that still get in the way of arbitration? Do I need to add anything else to my response? If all I'm doing is denying allegations and mentioning arbitration, I'm not sure what else I could put on there.
  5. I believe they violated this because when I called them and asked them if they would send me a DV, they said they will not do so, because they had apparently sent me one a year prior. The guy said he does not have to send one. i believe in California the courts are more favorable towards consumers and arbitration. Also, arbitration will cost the JDB much more than trial which makes them more inclined to settle and dismiss. citibank specifically says it’s AAA
  6. Hi all, @RyanEX @BV80 @fisthardcheese @Anon Amos @millyann @sadinca I was finally served. I'm filing my answer Monday. Could you please take a look and let me know what you think? I'm requesting to move this to arbitration. This isn't my MTC, just my answer to their allegations. However, I have a question. I believe Midland violated the Rosenthal act and I've included a countersuit for damages. If I'm asking the court to move this to arbitration, can I still ask for 1000 in damages, or would that void arbitration and keep this before a judge? I'm willing to remove the violation to ensure this gets moved to arbitration, so I just want to make sure I'm not shooting myself in the foot by including this violation and asking for damages. Is there anything else I should add or remove from this response? Also, if you look at the other image I've included, the paper for ADR was included with the packet that I was served. Do I also have to fill this out and return with my answer and/or MTC Arbitration?
  7. What do you make of this rule: (b) No debt collector shall collect or attempt to collect a consumer debt, other than one reduced to judgment, by means of judicial proceedings in a county other than the county in which the debtor has incurred the consumer debt or the county in which the debtor resides at the time such proceedings are instituted, or resided at the time the debt was incurred. does this mean midland can’t take someone to court outside of the county where the debt occurred? So if I incurred my debt in a different state, then moved, does that mean they can’t legally take me to court in the state I currently reside in?
  8. Hi @fisthardcheese I sent a response in our PM thread. Please take a look when you get a moment. Thank you again for the time and help!
  9. For everyone coming here, here are the arbitration terms of my card: ARBITRATION Explains that you cannot go to court, have a jury trial or initiate or participate in a class action if you have a dispute with us. Instead, this provision tells you that the dispute must be resolved by a professional arbitrator, not a judge or jury. This section also explains how arbitration works and some of the differences between resolving a dispute in arbitration and resolving one in court. For its detailed terms, please go to this link, section 11: Please let me know your thoughts and what I should do.
  10. @Anon Amos Could you check out the last few posts on this thread. Would love your take on it.
  11. hi @1stStep Do you think I should reach out to Hyde and Swigart and see what they say? I still haven't been served and someone tried stopping by around 7:30 tonight to serve, but no one opened the door. Should I let them serve me, or avoid at all costs? Do you know if there is a timeframe of when they cant serve?
  12. Hi @sadinca I did see online and have the case number. I will go to the courthouse and get the documents possibly tomorrow morning.
  13. Hi @RyanEX A process server just knocked on the door, but no one answered so they left. Should I allow them to serve me? What are their rules? Ive read that some places will eventually post something in a local newspaper or something of that nature. Is that allowed in Cali? What happens if they cant serve me? I did look up the attorneys and its 5 of them, all just graduated from law school. Here are the cards terms, scroll down to section 11 for Arbitration: <-- what's your take on this? Ya, they haven't called me in a long time, and if they did, I would tell them the say, and record it.
  14. Hi @BV80 @RyanEX @sadinca The original creditor is CitiBank
  15. @BV80 Hi, so I just got a letter in the mail from a law firm telling me I'm being sued by midland and that they'd like to represent me. Their firms name is Hyde & Swigart. I haven't been served though. How does this process work? Online, it shows Midland filed something on December 10th. I still haven't officially been served, or contacted by them. Whats the best way to proceed, and can they legally go to trial, without serving me?