Raum

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About Raum

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  1. Raum

    Filing MTC Help <3

    whys that? i thought since my arbitration clause said they will pay for it they could. did i mess up to where i have to pay for it now? not a huge deal but just curious.
  2. Raum

    Filing MTC Help <3

    what was granted on my file details reads "COMPEL PRIVATE ARBITRATION & STAY CASE PENDING ARB" didn't mention status hearing, and i have but i didn't really see what to do next other than go to JAMS or AAA and file my arbitration. is that the next step?
  3. Raum

    Filing MTC Help <3

    So i had my hearing and the judge granted my motion to compel arbitration, what happens now and whats my next step?
  4. Raum

    Filing MTC Help <3

    @BV80 i actually got it from the last link in your signature, https://toughnickel.com/personal-finance/You-Can-Beat-Credit-Card-Debt-Collectors?utm_source=maven-coalition&utm_medium=hubpages&utm_campaign=liftigniter&utm_content=hp-related that the one that made the most sense to me when i was panicking.
  5. Raum

    Filing MTC Help <3

    @Harry SeawardI just did exactly what I said above, the other dumb stuff was using affirmative defenses that are useless.
  6. @Harry Seaward this is the other post,, the one i started with.
  7. Raum

    Filing MTC Help <3

    @Harry SeawardI see now why you said to keep it to one post, I made another post that you helped me with first. this is what it said: ***"First off thanks for reading i understand i have no idea what i am doing but have been trying to learn as much as possible. Any help is greatly appreciated,i am trying to join the military and until this is resolved i cannot join. Received Summons that a lawsuit was started against me by a Debt collector who hired a debt collector/attorneys office? Plantiff alleges: 1. lantif is a limited liability company in good standing, has all necessary licenses and has paid all applicable fees including being duly licensed as a washington state collection agency. 2. Defendant is believed to comprise of martial community under laws of the state of Washington and are believed to reside in SKAGIT county. Each of the acts or occurrences set forth herin benefited them individually and benefited their marital community. 3. Plantiff is successor in interest to (Bank) and to account xxxxxxxxxxxxxxx5175 4. (Bank) extended defendant credit in exchange for Defendant promise to pay the balance of the credit account they used. 5. Defendant failed to pay (Bank) the balance of the credit account. 6. Defendant owe Plantiff, as the successor-in-interest the sum of 3,473.00. Plantiff prays for judgment against defendant has follows: sum of 3,473.000 minus any payments for cost of suit and for such other and further relief as the court deems just and equitable. After reciving this I responded with an answer, Affirmative defenses and Request for Production, requesting: 1. Please produce any credit application signed by defendant 2 Please produce a copy of the executed contract in (credit card company)'s possession setting forth the term Defendant is alleged to have agreed to in connection with the card at the beginning. 3. Please produce a copy of any modifications to those terms specifically agreed to by the Defendant. 4. Please produce a copy of all statements from the beginning of time to present. 5. Please produce detail regarding alleged charged amount, type, and date. 6. Please produce evidence of all payments received. I responded with: I lack knowledge about the truth and so deny the statements in paragraphs 1,2,3,4,5 and 6 of their allegations. Affirmative defenses were: Failure of consideration and "Scieti et volenti non fit injuria". <---- which i now know is useless... The Plantif responded with some bank statements and what appears to be a bill of sale for my debt maybe? At the end of a mountain of paperwork and law jargon a page is found with the option to pay the law firm/debt collector via a website. At the very bottom in bold letters states: This communication is from a debt collector. This is an attempt to collect a debt, and any information obtained will be used for that purpose. A Case number is now included and i called the superior court and was told its legit but no court date has been set. Today I received request for admissions, request for production of documents and Plaintiffs first set of interrogatories to defendant."**** I participated in a discovery and did some other dumb stuff due to panic and the first thing I found on the internet that made sense to me. did i shoot myself in the foot? I found this info too late, I didn't find this forum until I responded with a request for production and some bad affirmative defenses.
  8. Raum

    Filing MTC Help <3

    She just informed me that they can file a response to my motion. What would happen if they try to say I waived it by doing a discovery?
  9. Raum

    Filing MTC Help <3

    to be honest i am not sure, i was just told to file a hearing date which is scheduled on the 3rd and that i had to inform them of the motion hearing. i can find out more info soon, i am planning on heading to the court today to get more info. i just included the hearing paperwork with my copy of the MTC and answers to their discovery. I've tried finding more info with my states rules but didn't find much about them being involved.
  10. Raum

    Filing MTC Help <3

    @Harry Seaward so when I submitted my MTC i was told i had to schedule a hearing for my motion. what can i expect from this hearing will the judge just look at the MTC i submitted and just decide? i had to mail a notice to the JDB as well. will i need to say anything special?
  11. Raum

    Filing MTC Help <3

    Thank you so much @Harry Seaward and @fisthardcheese Really really appreciate it, helps out a lot and have seriously diffused a lot of stress for me. ❤️
  12. Raum

    Filing MTC Help <3

    Thank you so much, so i was planning on sending out my answers as well as a letter to the DC stating something like: "NOTICE OF ARBITRATION ELECTION Pursuant to Elan Financial Services cardholder agreement, I ELECT arbitration via AAA to resolve all of our disputes. As per the agreement, "If you or we elect arbitration of a claim, neither you nor we will have the right to litigate a claim in court or to have a jury trial on a claim." The agreement further states, "You or we can choose to have binding arbitration resolve any claim, dispute controversy between you and us that arises from or relates to this agreement or the Account and credit issued." As of this notice you must dismiss or stay any and all actions in regards to the alleged debt pending the result of the Arbitration. NAME NAME Certified Return Receipt #_________________________" at the same time as i file my MTC with the court. Was going to include an affidavit with all things being sent to court and the DC, is this necessary and is this an okay plan? or should i file MTC first? I have my MTC written out just need to print include my agreement and possibly a copy of the letter above being sent to DC.
  13. Raum

    Filing MTC Help <3

    Thank you @Harry Seaward so much! you have been tons of help. and just to clarify i can use "Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right." for every question above? that will be acceptable for the most part? What i have so far: Defendant, NAME NAME ADDRESS Burlington WA. 98233 Answer to: “Plaintiff’s Request for Production of documents (Set one)” REQUEST FOR DOCUMENT NO. 1: Copies of any and all documents between you and the original creditor relating to the account (or purposes of this request of production, "original creditor" means elan financial services. ANSWER NO. 1: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right. REQUEST FOR DOCUMENT NO. 2:Copies of any and all documents between and you and plaintiff relating to the account ANSWER NO. 2: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right. REQUEST FOR DOCUMENT NO. 3: Copies of any and all documents evidencing any payments made to the original creditor on said account. ANSWER NO. 3: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right. REQUEST FOR DOCUMENT NO. 4: Copies of any and all documents that support affirmative defenses raised by you in this action. ANSWER NO. 4: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right. REQUEST FOR DOCUMENT NO. 5: Copies of all documents from you regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about the account. ANSWER NO. 5: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right. REQUEST FOR DOCUMENT NO. 6: Copies of all documents identified by you in response to plaintiff's first set of interrogatories, set 1, served concurrently with these request for production of documents. ANSWER NO. 6: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right. REQUEST FOR DOCUMENT NO. 7: Copies of all documents identified by you in response to request for admission, set 1, served concurrently with these request for production of documents. ANSWER NO. 7: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may constitute a waiver of that right. REQUEST FOR DOCUMENT NO. 8: Copies of all documents that support your contention you do not owe the amount claimed in the complaint on file with this lawsuit. ANSWER NO. 8: Objection. Defendant has exercised his/her right to utilize arbitration as the forum to revolve Plaintiff's claims, and responding to this discovery request may CONSTITUTE a waiver of that right. I certify that i mailed a copy of Answer to: “Plaintiff’s Request for Production of documents (Set one)” to the following postage prepaid on, April , 2019 NAME NAME Attorney of Record for Plaintiff, Mandarich Law Group, LLP P.O. Box 109032 Chicago, IL 60610. Dated: April, ,2019 SIGNATURE does this look okay?
  14. Raum

    Filing MTC Help <3

    Can i just type this out neatly and professionally on a google Doc. or is there a formal format i should write this all out on, (like the request sent to me sent to me) Thank you.
  15. Raum

    Filing MTC Help <3

    Thank you for your responses, so respond something like "I object due to election of arbitration and the scope of discovery is to be determined by an arbitration forum?" @Harry Seaward @nobk4me These are all of the request i received, if anyone can give me a hand answering these id appreciate it. also how i should format my answers and objections. Thank you Request for Production of documents: 1. Copies of any and all documents between you and the original creditor relating to the account (or purposes of this request of production, "original creditor" means elan financial services. 2. Copies of any and all documents between and you and plaintiff relating to the account 3. Copies of any and all documents evidencing any payments made to the original creditor on said account. 4. Copies of any and all documents that support affirmative defenses raised by you in this action. 5. Copies of all documents from you regarding false or factually incorrect claims or statements that YOU believe were made to various credit reporting bureaus or services about the account. 6. Copies of all documents identified by you in response to plaintiffs first set of interrogatories, set 1, served concurrently with these request for production of documents. 7. copies of all documents identified by you in response to request for admission, set 1, served concurrently with these request for production of documents. 8. copies of all documents that support your contention you do not owe the amount claimed in the complaint on file with this lawsuit. Request of admissions: 1. please admit you submitted an application to the original creditor for an extension of credit ( for purposes of these request for admissions, "original creditor" means elan financial services.) 2. please admit the original creditor issued you the account. 3. please admit that you and the original creditor entered into an agreement regarding the account. 4. please admit that you used the account to accrue a balance of $3,473.00 5. please admit that you agreed to pay the original creditor and its successors and assigns all outstanding balances owed on the account. 6. please admit that you never disputed, with any person or entity, including the original creditor, the outstanding balance of 3,473 on the account. 7. please admit you have not paid the outstanding balance on the account in the sum of not less than 3,473 8. please admit that you owe the plaintiff the amounts prayed for in the complaint. 9. please admit you have no facts which would contradict the amount owed to plaintiff. 10. please admit YOU have no facts to support your affirmative defenses against the plaintiff;s complaint. 11. please admit YOU have no documents to support your affirmative defenses against the plaintiff''s complaint. Plaintiff's first set of Interrogatories to Defendant: 1. state all facts upon which YOU base YOUR contention that YOU owe nothing on the ACCOUNT 2. describe each document that YOU believe supports YOUR contention that YOU owe nothing on the ACCOUNT. if YOU make no such contention, comma do not answer this interrogatory. 3. State all facts upon which YOU base YOUR contention that YOU owe less than the amount prayed for in the plaintiff's complaint on the ACCOUNT. if YOU make no such contention do not answer this interrogatory. 4. Describe each document YOU believe supports YOUR contention that YOU owe less than the amount prayed for in plaintiffs's complaint on the ACCOUNT. if YOU make no such contention do not answer this interrogatory. 5. State each of YOUR affirmative defenses. 6. State all facts upon which YOU base YOUR affirmative defense or defenses. 7. Identify by name, address, and telephone number each person with knowledge of the facts supporting YOUR affirmative defenses. 8. State each mailing address, if different from YOUR resident address, for the last ten years and dates that YOU received mail at each. 9. State all facts regarding payments made on the ACCOUNT. 10. Describe each document evidencing payments made on the ACCOUNT. 11. if YOU have ever been married, state the name of YOUR spouses. 12. State all details regarding the length of YOUR marriage(s) (i.e, from what date to what date) THANK YOU SO MUCH FOR THE HELP AND YOUR TIME.