Robear

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About Robear

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    Alabama
  1. Thanks Fist, that's exactly the precise advice I was looking for.
  2. hSo I'm still digging, but I was able to find the following on the Alabama Supreme Court and State Law Library: ALABAMA SMALL CLAIMS RULES Rule N. Applicability of ARCP The Alabama Rules of Civil Procedure as modified for applicability in the district courts shall be applicable to court cases when necessary to serve the ends of justice and when the Alabama Rules of Civil Procedure, as modified, are not inconsistent with these rules. And looking up Alabama Rules of Civil Procedure under Pleadings and Motions on the same website, I found this: (b) Motions and other papers. (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion. (2) The rules applicable to captions and other matters of form of pleadings apply to all motions and other papers provided for by these rules. (3) All motions shall be signed in accordance with Rule 11. I also found a "motion cover sheet" (see attached file) If I understand correctly, I can make a motion just as if it was district court. I would use the attached cover sheet along with my motion and my affidavit for the CCA should the JDB take this to court. Is that how you read it? Motion Cover Sheet.pdf
  3. Quick history: I beat Midland in small claims (no counterclaim by me), which caused another claim by Cavalry (which I did have a counterclaim) to settle with 0 and mutual dismissal w/prejudice a year ago. Its been quiet ever since, however, I just received two dunning letters from two different attorneys for two different accounts. One being capital one, the other synchrony bank (both are JDB). No suits have been filed yet, but I feel its coming, most likely both being small claims. I don't see an arbitration clause in the cap one agreement, so I can deal with that in small claims (same law firm I beat already). The synchrony one is what I would like to pursue the arbitration strategy on. The CCA has the following verbiage: • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Wal-Mart Stores, Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. My question is, should I wait for a lawsuit or file a claim with aaa/jams preemptively? I've read mixed feeling about each on this site. My main concern in waiting for a lawsuit is that I cannot find any way to file a MTC in small claims in alabama. I have googled it, looked up the court rules and even called the clerks office. I cannot find any way to have the judge rule on moving it to arbitration, short of showing up to trial and explaining that I want arbitration as provided in the CCA. If that is the only way, should I then have a case started already before I get there? The answer sheet for small claims has 4 boxes to check: A. □ I do not live in this county and the suit against me is not for work or labor performed in the county where suit has been filed; thus, I want this case transferred to my home county of ______________________________________________, B. □ I admit everything in the Statement of Claim and do not want a trial. (This means that you consent to a judgment for the amount claimed plus court costs). C. □ I admit that I owe some money, but not the total amount claimed by the plaintiff(s). (If this block is checked, the case will be set for trial. Please note that any money paid by you on this claim after the suit was filed may not be reflected on the Statement of Claim which you receive. You should contact the person who has sued you or his/her attorney to determine the present balance which is claimed). D. □ I deny that I am responsible at all. (If this block is checked, this case will be set for trial). I'm still well within the 30 days since dunning, the amount alleged is just shy of 5k. Looking for suggestions, advice, anything. Anybody in Alabama been through this? Thank you all, this site really helped with the first two victories! @fisthardcheese @Harry Seaward @BackFromTheDebt @BV80
  4. So if I understand, there should be no problem with requesting arb. How?
  5. I have spent several hours on these forums trying to familiarize myself with how this all works, I am a newbie. I will probably post two threads as I currently have two lawsuits pending. Here are the specifics of this particular case: Plaintiff: Cavalry SPV LLC as assignee of Comenity Bank Attorney: James A Nadler Amount: 1750.00 OC: Comenity bank/torrid Served legally by sheriff, have 13 days left to respond as of today Before being sued I responded to the initial JDB letter with my own validation of debt letter, which was certified and return receipted (I have it). I received a statement in reply at that time. opened: july/2010 last payment may/2017 SOL not expired Statement of Claim: SUIT ON OPEN ACCOUNT/BREACH OF CONTRACT Attached to summons: front and back of a statement I understand the reasoning to get this moved to arbitration, I need to know the mechanicals of doing it. Looking at the current (2017) agreement https://files.consumerfinance.gov/a/assets/credit-card-agreements/pdf/Comenity_Bank/Torrid.pdf I don't see a exemption for small claims, correct me if I'm wrong. I know that there are archives for the older agreements, anybody have a system to checking them? I downloaded 2011 and they seem to be randomly placed? My summons came with an answer sheet, and I have not replied yet. I understand there are a myriad of mistakes that can disqualify arb. so how do I proceed to move this into arb? I looked online for the rules of court, couldn't find anything other than fee schedule. Court house is not far, I can go and ask for the local court rules I guess. Thanks in advance for your help!