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About ladyleo

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  1. I did put in my answer as well in my interrogatories that I am requesting arbitration. I did locate the arbitration clause in the contract that was sent to me from the Plaintiff: "The party that wants to arbitrate must notify the other party in writing. The notice can be given after the beginning of a lawsuit or in papers filed in the lawsuit." I'm hoping by putting this statement in my original answer that may help me but I'll have to accept the consequences if it doesn't.
  2. They did mail me discovery requests last month but I was in the hospital and I was able to respond to them before the 30 days plus the 5 days for them being mailed to me. I did not know about serving them a CCP 96 until a few days ago but unfortunately it's too late to send them one now. They did not serve me a CCP 98 declaration/affidavit in lieu of testimony. If it's too late to request arbitration then I will have to deal with it but I did input this in my original answer to the summons: Affirmative Defense: Lack of Subject Matter Jurisdiction- The underlying contract contains a private arbitration clause which the Defendant has elected to exercise Therefore, This Court does not have jurisdiction to hear this matter. Although, I didn't file papers with the court to MTC arbitration.
  3. Also, one more thing...I am currently on short term disability from work because of a health issue. If at my MSC we do not come to an agreement and go straight to trial afterwards can I bring up the fact that I am on short term disability (and have proof of being on disability) and not able to make payments if the ruling goes against me? Thanks again in advance for any assistance on this,
  4. Hello, I was wondering if I can bring up a motion to compel arbitration at my MSC? I've been dealing with some health issues and totally forgot to file a MTC for arbitration when I filed my answer and I've been reading that I needed to file this within 30 days of receiving the summons. Any advise will be greatly appreciated since I have court on the 26th of this month.
  5. Hi Ryan, When I filed my answer the clerk gave me my court date but I need to go through the MSC right before the trial and if we don't come to an agreement at the MSC then we directly go into court after the meeting.
  6. Thank you for your reply. I will do some research and see what I can find out.
  7. Sorry about that please see information below. 1. Who is the named plaintiff in the suit? JH Portfolio Debt Equities LLC 2. What is the name of the law firm handling the suit? Mandarich Law Group 3. How much are you being sued for? under $1,500 4. Who is the original creditor? Synchrony Bank 5. How do you know you are being sued? I was served 6. How were you served? In person at home 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? I had no contact with them 9. What state and county do you live in? Riverside, Ca 10. When is the last time you paid on this account? Paperwork says August of 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? I don't remember 12. What is the SOL on the debt? To find out: 6 years 13. What is the status of your case? Suit served? Motions filed? I submitted an answer of general denial with a comment with arbitration 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, Mandarich Law Group mailed me a packet that has the Bill of Sale from Synchrony Bank and statements from 1/17 to 7/17 but nothing prior to that 16. How long do you have to respond to the suit? 30 calendar days but I already filed my answer 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Last statement on 7/17 18. How did you find out about this site? google **Did I make a mistake by requesting documents before filing my answer? Does that null the arbitration?** Any advise would be helpful and appreciated!
  8. Please disregard this thread as I have found out how to answer using a general denial but I did make a post regarding a mandatory settlement conference.
  9. Hello All, I filed my answer with the court regarding a lawsuit from Mandarich Law Group and the courts require a mandatory settlement conference and I'm looking to see if anyone has experience with this? I mailed Mandarich a letter for debt validation and I received the packet today that has the Bill of Sale to the debt collector and a few past statements. I did put in an arbitration comment in my answer but since the collector has documentation do you think I should settle during the conference?
  10. Hi, I'm being sued by Mandarich Law Group in California and I was wondering where did you find the general denial letter or did you make one up yourself?
  11. Hello, I'm new to this forum and I'm looking for suggestions on how to answer a summons from Mandarich Law Group. Any advise would be helpful! Thank you in advance!