Sincetel

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Posts 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, www.adr.org. 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. 2 hours ago, Clydesmom said:
     
     

    You wait.  They should refuse to arbitrate by not paying the fees.  Typically their attorney comes back and asks what you want to make it go away.  Your answer is "mutual walk away and they delete their trade line."  They will agree.  If they don't approach you then you do nothing unless they try to return to court.  You defend that attempt by showing the court they refused their order to arbitrate and are not entitled to the court's assistance and another chance at a lawsuit.  

    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. On 11/4/2019 at 6:04 PM, nobk4me said:

     

    The case is stayed, which is the good news.  The bad news is the court is requiring you to initiate the arbitration, which is contrary to Ohio law.   You have two options:  1.  just go ahead and initiate the arb with AAA; or 2.  file a motion for reconsideration. citing the Capital One v. Rotman case.

    Option 1 has the disadvantage of costing you some money in arb fees (but, check the agreement, as sometimes they state the creditor will advance or pay for the arb filing fee).  Option 1 has the advantage of complying with the court's order and probably bringing the case to a rapid end.

    Option 2 has the advantage of saving you the arb filing fee.  The disadvantage is asking for reconsideration could give the court the opportunity to change their mind and deny your arb motion altogether.  Perhaps unlikely, but you never know.  Courts are often a crapshoot.

    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?

    judgement NEW-page-001.jpg

  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. 17 hours ago, nobk4me said:

    Total BS.  Consumer rules in both JAMS and AAA limit arb fees to the consumer:  $250 for JAMS, $200 for AAA.

    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. 17 hours ago, nobk4me said:

     

    The case is stayed, which is the good news.  The bad news is the court is requiring you to initiate the arbitration, which is contrary to Ohio law.   You have two options:  1.  just go ahead and initiate the arb with AAA; or 2.  file a motion for reconsideration. citing the Capital One v. Rotman case.

    Option 1 has the disadvantage of costing you some money in arb fees (but, check the agreement, as sometimes they state the creditor will advance or pay for the arb filing fee).  Option 1 has the advantage of complying with the court's order and probably bringing the case to a rapid end.

    Option 2 has the advantage of saving you the arb filing fee.  The disadvantage is asking for reconsideration could give the court the opportunity to change their mind and deny your arb motion altogether.  Perhaps unlikely, but you never know.  Courts are often a crapshoot.

    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. On 11/2/2019 at 3:48 PM, nobk4me said:

    And:  if the plaintiff claims your motion should not be granted because you have not initiated the arbitration with the arb forum, no, that is not the law in Ohio.  See Capital One v. Rotman

    https://www.courtlistener.com/pdf/2012/02/09/capital_one_bank_usa_n.a._v._rotman.pdf

     

    It is the plaintiff's responsibility to initiate the arbitration.  And this is a case from your appellate circuit (Cuyahoga Co.), so it is controlling law in your court.

    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.

     

    20191104_095719.jpg

  9. 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?

  10. 9 hours ago, nobk4me said:

    More thoughts:

    First, who is suing you, the OC or a JDB?  Who is the OC (just asking for terms of arb clause)?

    A JDB will usually fold when you go for arbitration, especially for the small amount in dispute here.

    Some things to keep in mind for the pretrial:  if, in fact, the plaintiff's attorney is a no-show, you should make an oral motion to dismiss the case with prejudice.

    If the plaintiff does not respond to your motion (and JDBs sometimes don't), you should make note of that at the pretrial and demand that your MTC Arb be granted by default.  After all, if the plaintiff filed a motion and you didn't answer, they would win by default.  But don't be surprised if the court bends over backwards to accommodate them.  No, they won't extend the same leniency to you.

    If they do send a local rent-a-lawyer, that too can be to your advantage.  Arb is probably above their pay grade.   They will probably request a continuance to get back to the plaintiff's counsel of record to see what to do.

     

    JDB. Original Creditor is Credit One. JDB is LNVN i believe.

     

    OK. TY, taking notes.

  11. 6 hours ago, nobk4me said:

    Sounds like you are dealing with a stupid clerk, and maybe a stupid court system as well, that doesn't know what a MTC Arb is.  Also sounds like a pretrial hearing has been scheduled.  You need to attend and argue for the MTC.  I agree with Harry, if the motion has been denied, you should have received an order to that effect.  Can you check if there is an online docket, maybe that will show the status of your motion?

    If you filed the motion correctly, with a copy to the plaintiff's counsel, and followed all the local rules too (sometimes these courts have fees for motions), then the court HAS to rule on it,  They can't just ignore it.  Ohio case law on this:  Capital One v. Collins:  https://law.justia.com/cases/ohio/twelfth-district-court-of-appeals/2011/ca2011-05-090.html    (Note:  if you didn't file the motion properly, file it again, correcting any deficiencies.) 

    At the pretrial, you need to be forceful in arguing for arbitration.  By filing the MTC, you have raised a jurisdictional issue that has to be addressed before anything else.  The law greatly favors arb, so the law is on your side. 

    No, you don't have to pay anything at the pretrial.  But, you should be prepared for perhaps a less-than-neutral court magistrate to be very aggressive in urging you to settle with the plaintiff.  You need to be firm and forceful.  Don't let them browbeat or intimidate you.  Stand your ground.  YOU WANT ARB.  It's your right under the law and the contract.   Period.

    And, if you want to use the arbitration strategy, you don't want to engage in discovery.   Doing so can waive your arbitration rights.

    If your MTC Arb is denied, I would not go ahead with discovery and the normal litigation process.  You should have a right to an immediate appeal.  That is what I would do.

     

    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
  12. 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.

  13. On 9/28/2019 at 3:02 PM, nobk4me said:

    You file your answer (and MTC Arb, when you file it) with the court AND send a copy to the attorney.  Include a certificate of service with each pleading, which states you have sent a copy to the plaintiff's lawyer.  

    Who is suing you, the OC or a JDB?

     

    Hey, sorry it's a JDB that is suing. I believe lvnv llc.

    So I think I am just going to use the template below that I've found from another thread on here. Obviously added Arb details from my actual agreement, such as claims that are covered. I remember you saying post a draft if I wanted, so this is draft one of possibly many? Now from here should I add other cases laws or is that not necessary? I've seen both, I've seen some on here add them and some that did not, or at least they made no mention of it on the thread.

    Sorry,  never even been to traffic court before so even though I've been reading and bookmarking page after page it's like reading a new language. I've gotten to understand the process for the most part, now it's just getting these typed up and using the correct wording etc. Pretty overwhelming.

    MOTION TO COMPEL PRIVATE/CONTRACTUAL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION

     

    NOW COMES Defendant, appearing Pro Se for its Motion to Compel Private Contractual Arbitration and as grounds thereto states the following:

     

    1. That on or about ___________, 2019, Plaintiff filed its Complaint against Defendant.

     

    2. Defendant sent a letter via certified mail to Plaintiff's attorney on ____________, 2019, electing arbitration with JAMS and requesting dismissal of this case. (see Exhibit A, attached).

     

    3. Defendant moves this court to compel binding Private Arbitration based on the terms and conditions of the Credit Card Agreement (see Exhibit B, attached).

     

    4. The parties are bound by the Credit Card Agreement. The Arbitration Agreement states among other things:

     

    “Agreement to Arbitrate:

    You and we agree that either you or we may, without the other’s consent, require that any controversy or dispute between you and us (all of which are called “Claims”), be submitted to mandatory, binding arbitration. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act (the “FAA”), 9 U.S.C. §1 et seq., and (to the extent State law is applicable), the State law governing the Card Agreement. 

    Claims Covered:

    • Claims subject to arbitration include, but are not limited to, disputes relating to the establishment, terms, treatment, operation, handling, limitations on or termination of

    your Account; any disclosures or other documents or communications relating to your Account; any transactions or attempted transactions involving your Account, whether

    authorized or not; billing, billing errors, credit reporting, the posting of transactions, payment or credits, or collections matters relating to your Account; services or benefits

    programs relating to your Account, whether or not they are offered, introduced, sold or provided by us; advertisements, promotions, or oral or written statements related to (or

    preceding the opening of) your Account, goods or services financed under your Account, or the terms of financing; the application, enforceability or interpretation of the Card

    Agreement (except for this Arbitration Agreement); and any other matters relating to your Account, a prior related Account or the resulting relationships between you and us.

    Any questions about what Claims are subject to arbitration shall be resolved by interpreting this Arbitration Agreement in the broadest way the law will allow it to be enforced.

     

    • Claims subject to arbitration include not only Claims made directly by you, but also Claims made by anyone connected with you or claiming through you, such as a co-

    applicant or authorized user of your Account, your agent, representative or heirs, or a trustee in bankruptcy. Similarly, Claims subject to arbitration include not only Claims

    that relate directly to us, a parent company, affiliated company, and any predecessors and successors (and the employees, officers and directors of all of these entities),

    but also Claims for which we may be directly or indirectly liable, even if we are not properly named at the time the Claim is made, and Claims brought against any other

    person or entity named as a defendant or respondent in a Claim brought by you against us.

     

    • Claims subject to arbitration include Claims based on any theory of law, any contract, statute, regulation, ordinance, tort (including fraud or any intentional tort), common

    law, constitutional provision, respondeat superior, agency or other doctrine concerning liability for other persons, custom or course of dealing or any other legal or

    equitable ground (including any claim for injunctive or declaratory relief). Claims subject to arbitration include Claims based on any allegations of fact, including an

    alleged act, inaction, omission, suppression, representation, statement, obligation, duty, right, condition, status or relationship.

     

    • Claims subject to arbitration include Claims that arose in the past, or arise in the present or future. Claims are subject to arbitration whether they are made independently

    or with other claims in proceedings involving you, us or others.

     

    • Claims subject to arbitration include Claims that are made as counterclaims (including but not limited

    to counterclaims by us to collect amounts in default from you), cross-claims, third-party claims, interpleaders or otherwise, and a party who initiates a proceeding in

    court may elect arbitration with respect to any Claim(s) advanced in the lawsuit by any other party or parties.

     

    • As set forth below, Claims made as part of a class action, private attorney general action or other representative action are subject to arbitration but must be arbitrated

    on an individual basis. If a Claim is arbitrated, neither you nor we will have the right to participate in a class action, private attorney general action or other representative

    action in court or in arbitration, either as a class representative or class member. Thus, if you or we require arbitration of a particular Claim, neither you nor we may pursue

    the Claim in any court litigation, whether as a class action, private attorney general action, other representative action or otherwise, and the arbitration of such Claim must proceed on an individual basis.

     

    5. The Federal Arbitration Act (FAA) 9 USC, Section 1-2 provides:

     

    “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”.

     

     6. The Supreme Court Ruling, decided April 27, 2011, AT&T MOBILITY LLC v. CONCEPCION ET U, states that courts must enforce arbitration agreements according to their terms. If there is an arbitration clause in the contract, that clause must be honored.

    "We have described this provision as reflecting both a “liberal federal policy favoring arbitration,” Moses H. Cone , supra, at 24, and the “fundamental principle that arbitration is a matter of contract,” Rent-A-Center, West, Inc. v. Jackson , 561 U. S. ____, ____ (2010) (slip op., at 3). In line with these principles, courts must place arbitration agreements on an equal footing with other contracts, Buckeye Check Cashing, Inc. v. Cardegna , 546 U. S. 440, 443 (2006) , and enforce them according to their terms, Volt Information Sciences, Inc. v. Board of Trustees of Leland Stanford Junior Univ. , 489 U. S. 468, 478 (1989) ."

     

    Furthermore, "The “principal purpose” of the FAA is to “ensur[e] that private arbitration agreements are enforced according to their terms.” Volt , 489 U. S., at 478; see also Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp. , 559 U. S. ___, ___ (2010) (slip op., at 17). This purpose is readily apparent from the FAA’s text. Section 2 makes arbitration agreements “valid, irrevocable, and enforceable” as written (subject, of course, to the saving clause); §3 requires courts to stay litigation of arbitral claims pending arbitration of those claims “in accordance with the terms of the agreement”; and §4 requires courts to compel arbitration “in accordance with the terms of the agreement” upon the motion of either party to the agreement . . . "

     

    7. The Defendant elects arbitration to settle this dispute.

     

     

    WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration pursuant to the Cardmember Agreement and to dismiss Plaintiff’s complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending contractual arbitration.

     

    Respectfully submitted this day ________________, 2019

     

     NAME,  

     Defendant, pro se

     

     

     

  14. On 2/21/2019 at 3:46 PM, nobk4me said:

    Please see this thread from a poster in Ohio.  I have included a step by step outline of what needs to be done, and when.

     

     

     

    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).

     

  15. 15 minutes ago, Brotherskeeper said:

    When was the last time you read the threads from Ohio posters that were posted earlier in your thread? I suggest you reread anything from @MikeB35 and the link that @nobk4me gave you. Have you checked to see what the court rules are, if any, in the court your case is filed in? 

    Hey, yeah I will have to give it a look over this weekend, haven't really read anything since this was fresh, months ago.

  16. 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.

  17. On 4/5/2019 at 1:40 AM, fisthardcheese said:
     

    There is nothing to do until they sue.  If you want to work on putting together your MTC so you have plenty of time to work on it and it's ready to go once you are sued, you can do that.  Otherwise, it's just about waiting.

    Ah, ok, thank you.