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About PaigeAnn_IL

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  1. Anyone have any experience with a motion to reconsider or an interlocatory appeal in Illinois? Any examples of filings? MTC was denied in Small Claims court.
  2. Great; seems as though the same issues with assignment can be raised in arbitration anyway. Three quick questions. First, the agreement indicates that to elect arbitration you must send notice to "Synchrony Bank, Legal Operation, P.O. Box 29110, Shawnee Mission, KS 66201-5320, ATTN: ARBITRATION DEMAND." I assume I will elect arbitration by notifying plaintiffs counsel of the same and through case motions; but should I copy this address or is that not needed at this point? Second, the agreement states: "The party seeking arbitration must select an arbitration administrator, which can be either the American Arbitration Association (AAA), 120 Broadway, Floor 21, New York, NY 10271,, 1-800-778-7879, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018,, 1-800-352-5267." Is the current belief that AAA is the choice to make given the limit on consumer costs? Lastly, the agreement states: "If a party files a lawsuit in court asserting claim(s) that are subject to arbitration and the other party files a motion with the court to compel arbitration, which is granted, it will be the responsibility of the party asserting the claim(s) to commence the arbitration proceeding." To me this would indicate it is their responsibility to commence the proceeding using my choice of arbitrator. However, it would seem a better tactic to just initiate the proceeding myself; or am I wrong? Thanks for all your help.
  3. Default was in 2017. Thanks Harry and Goody, it appears arbitration is indeed the best path forward.
  4. 1. Who is the named plaintiff in the suit? Midland Funding 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) None, Kevin Mortell (Encore Employee) 3. How much are you being sued for? 9.1K 4. Who is the original creditor? (if not the Plaintiff) Synchrony 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 8. What was your correspondence (if any) with the people suing you before you think you were being sued? DV Letter, they ignored it. 9. What state and county do you live in? Illinois, Macon 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 07/17 11. When did you open the account (looking to establish what card agreement may be applicable)? 02/09 12. What is the SOL on the debt? To find out: 5 Years 13. What is the status of your case? Served 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? Yes, they did not provide. 16. How long do you have to respond to the suit? 1/11 is first appearance, claim is for account stated 17. What evidence did they send with the summons? Rule 280.2 Affidavit, last couple of statements 18. How did you find out about this site? Random internet browsing. Basically, I have read a lot of the information here and other places. The agreement allows for arbitration. Though, given the amount I believe they may be more inclined to follow me (I could be wrong). In court challenging assignment might be my best course; though they may bring the needed people and documentation to trial. I guess, does anyone have any experience in arbitration that proceeds to hearing/appeal, should they follow.....will the arbitrator be as hard on them to establish assignment as a court MAY be. Thanks for any input you may have.