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Everything posted by Sincetel

  1. On a debt that's already a few years (2-3) old would it be a good or bad thing to settle? It's for a CC. It was already charged off and sold to a collection agency, I'm guessing this new place bought the debt? No idea how it works. So my question is will it help my score/report at all or hurt/keep it right around where it is...which is bad..very bad.
  2. Ok, quick rundown. I am in Ohio. Was sued by JDB from old Credit1Bank debt. Thanks to the help of this forum I filed for mtc arb and it was granted. I paid AAA the $200 and obviously as you guys said they wouldn't the JDB never paid. AAA gave them 2 deadlines. 1st was like Jan 22nd I believe, then the 2nd just passed which was the 6th of this month. This is the letter I received from AAA. So what happens now? Will they just keep taking me back to court for this debt? Will i be able to get a good deal or should I try getting a good deal on settling? Thanks again for all the help!!!! Dear Parties: As of this date we have not received the required fees from LVNV Funding, LLC in this matter. Accordingly, we must decline to administer this case and have closed our file. According to R-1(d) of the Consumer Arbitration Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the appropriate court for resolution. Any payment submitted by a party will be refunded shortly. Further, because the business’ failure to remit the foregoing constitutes a failure to adhere to our policies regarding consumer claims, we may decline to administer future consumer arbitrations involving LVNV Funding, LLC. The AAA’s consumer policies can be found on the AAA’s website, We request that the business remove the AAA name from its consumer arbitration clause so that there is no confusion to the public regarding our decision. If LVNV Funding, LLC advises the AAA in the future of its intention to comply with the AAA’s Consumer Arbitration Rules and if applicable, resolves any outstanding payment obligations, the AAA may consider at its sole discretion, accepting newly filed consumer cases going forward. Pursuant to the AAA’s current policy, in the normal course of our administration, the AAA may maintain certain electronic case documents in our electronic records system. Such electronic documents may not constitute a complete case file. Other than certain types of electronic case documents that the AAA maintains indefinitely, electronic case documents will be destroyed 18 months after the date of this letter. Please note all communication for this matter will be in writing, if you have any questions please feel free to send us an e-mail.
  3. Awesome, thank you. How about on my credit report? Is this something I can negotiate or does it just stay as an open debt on the cr? Or is this what you meant they come back and as what I want to make it go away?
  4. Just checked the court website for an update. Filed for Arb and paid the $200, showing the court the receipts. Here's the latest update..what to expect now?
  5. After the court accepts the motion for arb, they give you a set amount of time to file. Once you file the arb and pay the $200 fee. Do you have to inform the court that you filed or will AAA do that? I already sent a copy of the forms via cert mail to the opposing attorney. The only thing AAA told me was to send a copy to the attorney, didn't say much about the court. Thanks again for all the help with this case.
  6. Yeah, that's what I figured. He also threw in a "it's fine if you want arb, just know all the LEG work that will need done" I capped LEG because he exaggerated it so much when he said it.
  7. Thanks, I am going with option 1. I already printed out the forms I need to fill out for them so i will fill those out and send those in by this weekend. Quick question, a dumb one. In the user agreement it says if I elect arb i have to inform credit1. Obviously they sold my accounts so do i still inform credit1 or do they officially have nothing to do with it and just inform the actual attorney, in other words I'm assuming means send them (attorney) a copy of the AAA Forms?
  8. Also, soon as I got there the attorney pulls me to the side trying to negotiate. $1000 was lowest he could settle. He then said I understand you elected arb, I am not trying to scare you but I just had a case that arb was elected and they billed them $3,000. lol. I was thinking BS!
  9. Court is finished and this is what she gave me. Is this what I was looking for or still some work to do? Edit- Thought I had a choice on jams or aaa but looks like aaa is only what's listed in the credit1 agreement.
  10. Thanks again. I took notes of the two listed case laws in this thread for tomorrow. What kind of questions or how will this work tomorrow? Never been to court for anything. I'm just picturing myself walking in there and getting grilled like a witness on trial lol. yikes. Also, I see you said don't accept a deal with them? What if the deal is pretty good, possibly cheaper than what arb will be? Still don't accept? I've also read I want to try to get them to mark it "paid as agreed upon" in the end, is this true also?
  11. Nope. Only thing I have received since turning in my answer and motion is the letter above stating the discovery time and date.
  12. JDB. Original Creditor is Credit One. JDB is LNVN i believe. OK. TY, taking notes.
  13. I know this is a long shot too but any chance they just don't make the trip from Michigan to Ohio for this? lol, that would be great but im not that lucky.
  14. Also, here is the last paper I received.
  15. Hi, so as far as I know I filed everything correctly, i sent their lawyer everything i took to the clerk also, certified with cert of services on everything. And yes the clerk def didn't sound like she knew what she was talking about, even turned to ask another clerk about the arb and that's when they said let's just stamp everything just in case. Here is a copy and paste of the full docket. As you can see they did update the docket with both my answer and mtc arb, so maybe that's a good sign? Here is a copy and paste of all the updates on the case. 10/25/2019 E-MAILED TO ANTHONY H. RE: CASE CVF1903-- _ 16 TRANS NO 19001730 HEARING DATE AND TIME JUDGMENT ENTRY SERVED BY U.S. REGULAR MAIL TO DEFENDANT 10/23/2019 HEARING DATE AND TIME 10/22/2019 HEARING- 11/04/2019 AT 9:00 AM - PRE-TRIAL 10/21/2019 ANSWER MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION 10/11/2019 CERTIFIED MAIL RETURN RECEIPT FOR CIVIL FILING FROM POST OFFICE MARKED RECEIVED 09/30/2019 E-CERTIFIED MAIL # 9314 8699 0440 00----- SERVED ON: 09/28/2019 TO: DELIVERED LEFT WITH INDIVIDUAL AT --,OH 09/28/2019 SUMMONS SERVED ON 09/26/2019 SUMMONS IN CIVIL ACTION CIVIL FILING FEE FOR 1 DEFENDANT $130.00 PAYMENT - RECEIPT NO. 1910731 IN THE AMOUNT OF $ 130.00 E-CERTIFIED MAIL # 9314 8699 0440 0050 ---- ISSUED ON: 09/26/2019 TO: 09/23/2019 CASE WAS FILED WITH COURT COMPLAINT
  16. Hello, this is for a CC debt from a collection agency for about $1400. Court will be in Cuyahoga County, Oh. I turned in my answer to the court, also turned in a mtc arb. clerk seemed confused saying something along the lines of she though the muni court was already a form of arb? Not sure, either way she took everything and stamped it. Just received a letter from the court stating "All parties and their attorneys must be present and prepared to agree to a discovery and trial schedule" Fail to appear will result in judgement claim for party failing to appear etc... So I am guessing the arb was denied. What will happen at this next hearing? What will be asked? Will I be paying anything on this day? Feel like I'm in way over my head now and ready to wave the white flag. ty.
  17. Quoting this. I have like 30 pages bookmarked now, lol. Trying to get rid of the bookmarks, so just quoting and adding the steps Here it is, step by step. 1. Wait until you are served. The court is probably sending the summons by certified mail. You could sign for it, or gain a little more time by not claiming the certified mail (don't answer the door when the mail carrier comes, and don't go to the post office to pick it up). Then the court will send the summons by regular mail. After you served, you will have 28 days in which to answer the lawsuit. 2. File your answer. I would just deny all their claims, except your name and address, and include an affirmative defense, that the court lacks jurisdiction due to a binding arbitration clause in the cardmember agreement. 3. File the MTC Arb. Samples are in this link: And, if you post a draft here, we can help you with it. Also, look up posts by MikeB35, on his fight in Ohio - examples are there as well. 4. Wait and see what the JDB, and the court will do. The plaintiff might dismiss. Or they might file a response to your motion. The court may hold a motion hearing. But, the ultimate result is the motion will probably be granted (95% + probability - the law favors arb). 5. Do not file a case in JAMS or AAA until the arb motion has been granted. See what the court says - they might require you to file the arbitration. If so, do it. But, there is case law in Ohio that the plaintiff is responsible for filing the arbitration (Capital One v. Rotman).
  18. Hey, yeah I will have to give it a look over this weekend, haven't really read anything since this was fresh, months ago.
  19. Hey guys, I am back. I did not forget about this thread. Stenger took their good ol' time sending me the summons but it just got here this morning. So, I just want to make sure I have all the info correct from another thread, so if anyone can confirm. TY. Today I received the Summons in a Civil Action. It came with paper from my local muni court telling me I need to reply within 28 days. Then it came with a 4 pages stapled together. With pages just explaining or "exhibit A" nonpayment ect then a pic of my final balance/statement. They also made a mistake and attached someone elses bank statement from US Bank in my paperwork. At least I think it's a mistake, the US Bank account isn't in my name so not sure I understand why they put that there other than a mistake. Anyways, so from here.... I file my answer? Which would be deny everything? As in it's not my debt or what do I say? And I am assuming I'm filing this answer to the actual muni court and not Stenger, correct? From there I File the MTC Arb? Are there any templates or anything I need to follow for both my answer to the court and my MTC Arb? Also, do I file the Arb as soon as I file my answer to the court or do I wait for their response? Not sure if it matters or helps but I might have a little help at this muni court as I have family/friends that's worked for the city for 30+ years. Not sure if they can help at all or not, just want to throw that out there. Thanks again for the help. I'd probably be going crazy over this without it.
  20. I have noticed on my creditkarma app when I click this account it does say I disputed the debt.
  21. So they sent me what I'm guessing is the proof, every transaction from the card. This was a couple weeks ago. Haven't heard anything since., do they usually take their time like this? Or was I suppose to do something once they sent me the big packet of trans?
  22. I haven't been able to post in a few days. Not sure what was going on. But the letter made it on Tuesday. Time to sit back and get sued. lol
  23. As you can see in the tracking, it hasn't updated since last Wednesday. Just my luck. 70180360000037040861 So do i skip this first step, wait for a delivery or what happens now since the letter they sent was dated 2/23.