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Everything posted by BitsyM

  1. So, I think that my current plan of action will be to send a debt validation letter to Tate & Kirlin, in order to be within the 30 days from their letter. I’ll then figure out my next step once I receive a response.
  2. @Brotherskeeper I was in St.Louis, MO from 2000-2015. I think the SOL for Missouri is 5 years. (But, I’m using Google for my info, so unsure on the accuracy of my info) Last payment was allegedly in 2014.
  3. @Brotherskeeper- I don't remember. I was in a complete mental and physical free-fall between approximately 2010 and 2014. I can't confirm any mail received. Divorce, inter-state move, and overall head in the sand mentality. But, I did have a file that was from a bunch of statements that I had provided to my attorney during my divorce that had a Neiman Marcus bill. That was what I used to figure out what the letter from Tate and Kirlin was referencing. I do not have anything saved regarding an "opt out", or any "change of terms" notice.
  4. All of a sudden, nearing the SOL on all old debt, I have started receiving letters from collection agencies. The one that I have a question about, if someone could answer, or point me in the right direction, is the following- Received a letter from Tate and Kirlin Associates, Inc. The letter states "the acount has been listed with our offices for collection. This communication is from a debt collector ands is an attempt to collect a debt. Any information....." (redacted letter attached) My question relates to the original creditor being listed as Capital One. This is from what I believe was a Neiman Marcus credit card. I believe that this account was opened in 2009 or 2010 before Capital One had anything to do with the card. When I checked the CFPB website, I was able to find a 2012 card agreement for Capital One/ Neiman Marcus card that contains arbitration clause that has since been removed from their agreement. Should I respond to them with an arbitration election and a debt verification letter? Would they then be in violation if they attempted to sue and I had already sent them a letter stating that if this was a valid debt, that I wanted to arbitrate? I know that I read something on this forum pertaining to this type of situation, but I have been focused on another matter and can't remember where I read the information. If anyone can offer suggestions or advise me on where I can find some similar examples, I would be most appreciative. Tate & Kirlin Associates Letter_Redacted.pdf Neiman Marcus Card Agreement.pdf
  5. Do you think that they just expected a default judgement? When there was a response and a motion to compel arbitration, it just wasn't worth their time?
  6. Woohoo!!! @Brotherskeeper- you are up for sainthood, or some kind of special award!! I can't thank you enough. Your help and assistance was paramount in this outcome. Thank you times infinity!
  7. Bonus points for not profusely sweating or tossing my cookies in a public place. I feel like I won the day.
  8. I hope that I'm not doing the happy dance for nothing.... I showed up at court an hour early. Sat in my car and read the forums here until 30 minutes before my court time. Walked in, figured out where I was supposed to be and went and sat in the empty courtroom. I was working on paperwork for my job and a man approached me and asked if I was BitsyM. I replied "yes". He asked if we could speak in one of the meeting rooms. He told me that he was not the Plaintiff, but the Plaintiff had sent them on their behalf. He had a settlement to "dismiss with prejudice". No money. No future litigation. Just "dismissal with prejudice". I knew that was ultimately what I desired, second choice was arbitration. 10 minutes later, it was signed by the judge and I was on my way. Hopefully, I wasn't mixed up about what I wanted. Attached is what I signed. Please confirm that my happy dance can ensue.
  9. Today is the hearing for my MTCA. I am so anxious. I can not wait for this to be over. I plan to have the JAMS application printed and ready to go, should my motion be granted. Will I be sent to jail if I get sick in the courtroom? (Joking. Not Really)
  10. @Brotherskeeper Thank you. Revised with suggested changes. Question regarding settlement- the Plaintiff's attorney has not attempted to discuss settlement with me. When I received my copy of the Plaintiff's Pre-Trial Statement they stated that they were offering 80% of relief sought. I am not willing to accept that, but would that be considered not having discussed the possibility of a settlement? Plaintiffs PreTrial Statement.pdf
  11. @Brotherskeeper- I received my copy of the plaintiff's pre-trial statement. I have drafted a cover letter and statement. I know that I need to add the Proof of Service to the bottom of the statement. Can you look at my draft and provide any feedback? I am also going to attach a redacted version of the plaintiff's pre-trial statement in just a moment. Thank you in advance for your help. I've been working on getting my sh!t together and have assembled a binder with dates of receipt of all documents, when I mailed docs, tab for MCR that I followed, tab for Judge's Copies (if any are needed, tab for Motion, tab for Exhibits, etc. Cover Letter PreTrial Statement Review Version.docx PRETRIAL STATEMENT Review Version.docx
  12. @Brotherskeeper- my feelings aren't hurt. You can only help someone so much before they have to help themselves. I completed the Notice of Hearing today and returned to the court and filed it. Date and time set. I filled out the second copy for the Plantiff's attorney and immediately sent it, via first class mail, as stated in the Notice of Hearing. Date is set for 06/11. Now I'm going to get moving on my Pre-trial Statement after I do some more reading in the Pre-Trial Statement section. I hope to get it drafted tomorrow and filed with court/mailed to Plantiff on Friday. I'll be back for review once I get that done
  13. @Brotherskeeper- Thank you. I'm sorry for getting frazzled and not reviewing what you have already so graciously provided. I jumped the gun and freaked out instead of actually looking at what was right in front of my face. I'm going to read and prep this evening and then go from there. I'm sure tomorrow I'll have more questions before my next trip to the court and the post office....
  14. @Brotherskeeper On Friday I went and had my affidavit notarized, then went to the court to file the MTCA. I had my exhibits labeled. Proof of service for the motion and a second set of all, labeled "Judge's Copy". The attendant who helped me first asked me "where I had gotten the motion from". I explained that I had prepared it on my own. She then told me that I did not need a copy for the judge and to keep them. She told me that I also needed a "Notice of Hearing" and that I could pay the $20 fee, but that the hearing would not be scheduled until I returned with that document. I looked on the court website and could not find any form/document that matched. She also gave me a few dates 06/03, 06/06, and 06/11. Do you know where I can find this form? 2nd question- I received, from the court, a Pretrial Statement document. I'm unsure how to fill this out, or what is needed. The document states that the form must be "completely filled out to the clerk 10 days prior to the date of the hearing" and to "exchange with the other party(s)". The only thing that I can see on here that has a spot to be "filled out" is my name and the date. So, if I need to prepare a document, I don't know what the correct format would be, or if I need to include proof of service to the attorney for the plantiff? I'm going to scan, redact, and upload what I received. Am I correct in assuming that the 10 days would be the Pre-Trial date of 05/17/2019 that is on this Pretrial Statement? So confused....
  15. @Brotherskeeper- Thank you! I am sitting here trying to research affidavits for breach of contract and second guessing everything that I type. I greatly appreciate the suggestions.
  16. Yes. I received the return receipt. Updating #8 to reflect the proposed change.
  17. @Brotherskeeper- Is this affidavit okay? I'm going to go and have it notarized at the bank before going to file the motion.
  18. @Brotherskeeper- I received no stipulation, so I am heading to the court to file the MTCA. Can you review it for me? I added in the part about having sent the Plaintiff the Arbitration Election and the Proposed Order. I added the Certificate of Service. I am going to include the copies of the Election Notice and Proposed Order titled as Exhibit A. Should Exhibit B just be the CMRRR receipt? MTCA 05.24.19.docx
  19. @Brotherskeeper I cannot thank you enough for all of your help. I am grateful for all of your time and knowledgeable suggestions. Thank you! Now, I wait....
  20. I caught the Answer reading certificate of service via first class mail and sent it as such. I sent the arbitration election notice and the proposed order as attached above via CMRRR. So, that was a slight goof. Too much unnecessary quoting and no mention of the Proposed Order (just included it in the envelope with the arbitration election). Can I do anything to fix it, or do I just wait until I receive the return receipt receipt, count down 7 days, then file my revised MTCA?
  21. @Brotherskeeper- filed Civil Answer at the court. I'm mailing the plantiff's attorney a copy of the answer (CMRRR) in one envelope. In a separate envelope I am sending (CMRRR) the arbitration election letter and the proposed order. Should the arbitration election or proposed order have proof of service language? Proposed Order MTCA 05.13.2019.docx Notice of Arbitration Election 05.13.2019.docx
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