MaryD_OH

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About MaryD_OH

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  1. <<1. Am I able to file a Referral to Mediation in Ohio after I have already filed a Pre Se Answer & Affirmative Defenses, Notice To Appear Pro Se, and a Sworn Denial and have received a pre-trial notice in return? >> Yes, we filed the Motion for Referral to Mediation after we filed the answer got the Plaintiff's Interrogatories, requests for admissions and so forth in the mail. We requested an additional 28 days extension to answer the Plaintiff's Interrogatories, requests for admissions and Motion for Referral to Mediation at the same time (but in 2 different motions). Both were approved by the judge. I just pulled the file for Motion for Referral to Mediation: Note: I did not use anyone's template when typing up this motion. In fact the clerk wasn't sure about it and sent us to see the Duty Judge. MOTION FOR REFERRAL TO MEDIATION The Defendant, your name, respectfully would like to make a request to attempt to settle this lawsuit with the Plaintiff using the (name of the court's mediation program). Respectfully Submitted, Your name Defendant pro se Don't forget to include the certificate of service. The duty Judge mention we should of included an ENTRY page for her to APPROVED. But, went ahead an approved it on the spot while we were there and than we got a copy of the type up entry page provided by the court in the mail a few days later. So you might want to type up some kind of Judgement Entry page for the Judge to approve or deny and sign off on.
  2. My husband was sued by Capital one back in 2007 for $1800. We requested mediation with the court by filing a Motion for Referral to Mediation and settled out of court for $400. Case was dismissed after we paid the settlement, with no judgement against hubby. Should mention that hubby was on unemployment at the time and their attorney wanted to settle for nothing less than $700. But caved in once he learned that I was on social security and won't be able to garnish our joint checking account cause of it. Also I think unemployment was too low to be garnished. Within 3 months Capital One sent hubby a letter with an agreement if he would reaffirmed the balance that was settled in mediation they would issue him another credit card. They claimed that this would help him rebuild his credit. Hubby didn't take the bait and shredded their offer.
  3. I see it now! And missed read the agreement. Thanks for pointing it out and making a suggestion!
  4. Thanks Mike! I'm in the process of learning. I did find a Request for extension of time form on my courts website that I'm thinking on filing first. If approved would give me additional 28 days to file a motion or pleading.
  5. Yeah, I'm trying figure out their logic of suing someone who has been unemployed since 2002 due to health reasons. My understanding they can't garnish a SSI check and I don't own a house/car or any other assets they could put a lien on.
  6. It looks to me that Crown would be the one paying the fees if I'm understanding the arbitration agreement correctly. But your idea about writing them a letter or email might be something I'll do. Thanks for your input!
  7. Yeah, I've already bookmarked @MikeB35 threads for research. Thanks!
  8. Thanks for the info. I'll be working on this tomorrow.
  9. Good news if I'm reading it right there's a arbitration agreement: I. Arbitration and jury trial waiver For Covered Borrowers under the Military Lending Act (MLA) The MLA prohibits us from requiring you to submit to arbitration as a condition of extending credit. For additional information see Section J below. A. Jury trial waiver TO THE EXTENT PERMITTED BY LAW, YOU AND WE WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF A LAWSUIT ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT THE ARBITRATION PROVISION BELOW (INCLUDING THE JURY TRIAL WAIVER CONTAINED THEREIN). YOU AND WE EACH REPRESENT THAT THIS WAIVER IS GIVEN KNOWINGLY, WILLINGLY AND VOLUNTARILY. B. Notice and cure Prior to bringing a lawsuit or initiating an arbitration that asserts a claim arising out of or related to this Agreement (as further defined below, a "Claim"), the party asserting the Claim (the "Claimant") shall give the other party (the "Defendant") written notice of the Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days, to resolve the Claim. Any Claim Notice to you shall be sent in writing to the address we have in our records (or any updated address you subsequently provide to us). Any Claim Notice to us shall be sent by mail to Comenity Capital Bank, PO Box 182436, Columbus, Ohio 43218-2436 (or any updated address we subsequently provide). Any Claim Notice you send must provide your name, address and Account number. Any Claim Notice must explain the nature of the Claim and the relief that is demanded. You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf. The Claimant must reasonably cooperate in providing any information about the Claim that the other party reasonably requests. C. Arbitration provision READ THIS ARBITRATION PROVISION CAREFULLY. IF YOU DO NOT REJECT THIS ARBITRATION PROVISION IN ACCORDANCE WITH PARAGRAPH C.1. BELOW, IT WILL BE PART OF THIS AGREEMENT AND WILL HAVE A SUBSTANTIAL IMPACT ON THE WAY YOU OR WE WILL RESOLVE ANY CLAIM WHICH YOU OR WE HAVE AGAINST EACH OTHER NOW OR IN THE FUTURE. 1. Your Right to Reject: If you don’t want this Arbitration Provision (and any prior arbitration agreement between you and us ("Prior Arbitration Agreement")) to apply, you may reject it by mailing us a written rejection notice which gives the name of each Cardholder and contains a statement that you (both of you, if more than one) reject the Arbitration Provision of this Agreement. The rejection notice must be sent to us at Comenity Capital Bank, PO Box 182422, Columbus, Ohio 43218-2422. A rejection notice is only effective if it is signed by you (all of you, if more than one) and if we receive it within thirty (30) calendar days after the date we first provide you with a credit card agreement or written notice providing you a right to reject this Arbitration Provision. Your rejection of this Arbitration Provision will not affect any other provision of this Agreement or your ability to obtain credit. 2. Parties Subject to Arbitration: Solely as used in this Arbitration Provision (and not elsewhere in this Agreement), the terms "we," "us" and "our" mean (a) Comenity Capital Bank, any parent, subsidiary or affiliate of the Bank and the employees, officers and directors of such companies (the "Bank Parties"); and (b) any other person or company that provides any services in connection with this Agreement if you assert a Claim against such other person or company at the same time you assert a Claim against any Bank Party. 3. Covered Claims: "Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph C.13 and/or this sentence); all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. 4. Starting an Arbitration: Arbitration may be elected by any party with respect to any Claim, even if that party has already initiated a lawsuit with respect to a different Claim. Arbitration is started by giving a written demand for arbitration to the other party. We will not demand to arbitrate an individual Claim that you bring against us in small claims court or your state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we then have the right to demand arbitration. 5. Choosing the Administrator: "Administrator" means the American Arbitration Association ("AAA"), 120 Broadway, 21st Floor, New York, NY 10271, www.adr.org; JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, www.jamsadr.com; or any other company selected by mutual agreement of the parties. If both AAA and JAMS cannot or will not serve and the parties are unable to select an Administrator by mutual consent, the Administrator will be selected by a court. The arbitrator will be appointed by the Administrator in accordance with the rules of the Administrator. However, the arbitrator must be a retired or former judge or a lawyer with at least 10 years of experience. You get to select the Administrator if you give us written notice of your selection with your notice that you are electing to arbitrate any Claim or within 20 days after we give you notice that we are electing to arbitrate any Claim (or, if you dispute our right to require arbitration of the Claim, within 20 days after that dispute is finally resolved). If you do not select the Administrator on time, we may do it. Notwithstanding any language in this Arbitration Provision to the contrary, no arbitration may be administered, without the consent of all parties to the arbitration, by any Administrator that has in place a formal or informal policy that is inconsistent with the Class Action Waiver. 6. Court and Jury Trials Prohibited; Other Limitations on Legal Rights: IF YOU OR WE ELECT TO ARBITRATE A CLAIM, YOU WILL NOT HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR HAVE A JURY DECIDE THE CLAIM. ALSO, YOUR ABILITY TO OBTAIN INFORMATION FROM US IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWSUIT. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION. 7. Prohibition Against Certain Proceedings: IF YOU OR WE ELECT TO ARBITRATE A CLAIM: (1) NEITHER YOU NOR WE MAY PARTICIPATE IN A CLASS ACTION IN COURT OR IN CLASS-WIDE ARBITRATION, EITHER AS A PLAINTIFF, DEFENDANT OR CLASS MEMBER; (2) NEITHER YOU NOR WE MAY ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; (3) CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND (4) THE ARBITRATOR SHALL HAVE NO POWER OR AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION. 8. Location and Costs of Arbitration: Any arbitration hearing that you attend must take place at a location reasonably convenient to you. We will pay any and all fees of the Administrator and/or the arbitrator if applicable law requires us to, if you prevail in the arbitration or if we must bear such fees in order for this Arbitration Provision to be enforced. If you demand an arbitration, we will pay your reasonable attorneys’ and experts’ fees if you prevail or if we must bear such fees in order for this Arbitration Provision to be enforced. Also, we will bear any fees if applicable law requires us to. 9. Governing Law: This Arbitration Provision involves interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (the "FAA"), and not by any state arbitration law. The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law. The arbitrator may award any remedy provided by the substantive law that would apply if the action were pending in court (including, without limitation, punitive damages, which shall be governed by the Constitutional standards employed by the courts). At the timely request of either party, the arbitrator must provide a brief written explanation of the basis for the award. 10. Right to Discovery: In addition to the parties’ rights to obtain discovery pursuant to the arbitration rules of the Administrator, either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator shall have discretion to grant or deny that request. 11. Arbitration Result and Right of Appeal: Judgment upon the arbitrator’s award may be entered by any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. However, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $50,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the Administrator. The panel shall reconsider anew any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Arbitration Provision to "the arbitrator" shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with Paragraph C.8. above. 12. Rules of Interpretation: This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing of the Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law. In the event of a conflict or inconsistency between this Arbitration Provision, on the one hand, and the applicable arbitration rules or the other provisions of this Agreement, on the other hand, this Arbitration Provision shall govern. This Arbitration Provision replaces any Prior Arbitration Agreement. 13. Severability: If any portion of this Arbitration Provision, other than the Class Action Waiver, is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. If a determination is made that the Class Action Waiver is unenforceable, only this sentence of the Arbitration Agreement will remain in force and the remaining provisions shall be null and void, provided that the determination concerning the Class Action Waiver shall be subject to appeal. 14. Special Payment: If (1) you submit a Claim Notice in accordance with Paragraph B above on your own behalf (and not on behalf of any other party); (2) we refuse to provide you with the relief you request; and (3) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $5,100 (plus any fees and costs to which you are entitled). HSN.pdf
  10. I would like to opt for Arbitration, but not sure if that is in the cards cause I don't have the agreement and the Plaintiff didn't attach one to their complaint. I've ran a search on fcmcclerk.com to see who else is fighting Crown Asset Management, LLC in my area. I was told by a clerk on the phone that I can come down and request to see case files to see how other people are filing their responses. I'm making a list now of cases to request the clerk to pull for me to view.
  11. 1. Who is the named plaintiff in the suit? Crown Asset Management, LLC 2. What is the name of t he law firm handling the suit? (should be listed at the top of the complaint.) Jordanna B Kerns 3. How much are you being sued for? $941.41 4. Who is the original creditor? (if not the Plaintiff) Comenity Capital Bank 5. How do you know you are being sued? (You were served, right?) Advertisement letters from law firms started coming via mail in May. 6. How were you served? (Mail, In person, Notice on door) Mail 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? None 9. What state and county do you live in? Ohio, Franklin 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Can't recall, might be 2015 or 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Can't recall, might be 2015 12. What is the SOL on the debt? To find out: Not sure, need to look it up 13. What is the status of your case? Suit served? Motions filed? You can find this b y a) calling the court or b) looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Active, was served today 06/07/2019 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? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Court house letter states July 3rd, 2019 17. What evidence did they send with the summons? An affidavit? Statements from the O C? Contract? List anything else they attached as exhibits. Exhibit A - Copy of 2 statements dated 07/11/2015 and 02/09/2016 Bill of Sale 18. How did you find out about this site? Google Here's the copy of the Complaint Franklin County Municipal Court Crown Asset Management, LLC c/o Levy & Associates, LLC 4645 Executive Drive Columbus, Ohio 43220 PLAINTIFF, v. Me DEFENDANT. 1. Upon information and belief, Defendant(s) resides in Franklin County, Ohio. Plaintiff, is the assignee of Defendant's Comenity Capital Bank account, account#XXXXXXXXX ("Account"). 2. Defendant owes Plaintiff the sum of Nine Hundred Forty-One and 41/100 Dollars ($941.41) for money owed to Plaintiff via Defendant's use of the Account provided to Defendant. 3. Defendant breached the Account's agreement by failing to make payment on the account as required. 4. As a result of said breach, Defendant owes Plaintiff the sum of Nine Hundred Forty-One and 41/100 Dollars ($941.41). A Copy of statement is attached hereto, and incorporated herein, as Exhibit "A". 5. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to comply with such demand. 6. Defendant(s) received benefit from said account. 7. Said Account was not conferred gratuitously, Defendant was expected to pay on said Account, and as a result Defendant(s) has been unjustly enriched, all in the sum of Nine Hundred Forty-One and 41/100 Dollars ($941.41).