TroubleinFL

Any and all criticism/help is appreciated.

Derp...nice catch BV80. I read over my post about 3 times and still missed stuff. Fixed, it's Synchrony Bank. And I do have the arbitration clause in my OC CC agreement.

1. Who is the named plaintiff in the suit? Me 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) HHL 3. How much are you being sued for? >$2000 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank.. 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In Person 7. Was the service legal as required by your state? FL, Yes. Process Service Requirements by State - Summons Complaint 8. What was your corresponden

Just to finalize this, I received PRA's Voluntary Dismissal with Prejudice several weeks ago. I can't thank each of you enough for your help and support. I would not have succeeded without the advice and information provided here and would've been screwed had I gone with some of the information on the internet. Again, my sincere thanks to all of you.

I did as it was all via email so I have it all. That was kind of what I was thinking as well but wasn't sure if I needed to at least go in with a JAMS Case ID in my hand as well. Thanks for the response.

So I did this and lit a fire and they sent me the mutual dismissal of claims with prejudice, I signed it and sent it back but it has not been filed and it has been over a month since I sent it back. I then emailed them about 2 weeks ago and haven't heard back. Am I okay to go ahead and file the JAMS form or do I have no recourse now that I've signed the MDOC? I'm nearing the 6 month deadline the judge established. I thanked you for your previous answer with the Thanks button but thank you again for taking the time to answer my previous question. And thanks in advance.

So, due to health issues/hospitalizations, I've not followed up on this as rapidly as I should've. I have not heard back from PRA after responding to them stating I would agree to a mutual dismissal of claims with prejudice in response to their request. Do I have to give them warning of any kind before filing my JAMS Mediation claim? I didn't file before because I thought they were going to dismiss based on their reaching out to me. Should I email them and give them a deadline for dismissal or just file my JAMS claim? Thank you.

Thank you.

Thank you, didn't know if I should also request them to remove their entries from any/all credit reports as well.

Hey everyone, does anyone have a template response that I can amend for a request from a JDB's attorney asking if I would be willing to settle for a mutual dismissal? I think I read somewhere that I need to request it be dismissed with prejudice but do I also mention removing it from my credit report as well? I'm just not sure how to word the response. As always, I couldn't have gotten through this without all of your help so thank you again.

Thank you for the clarification WhoCares, I kinda hoped that was the route.

Thanks Harry, I figured it would be for the other person but wasn't sure if it would also be for me as well. And if I remember correctly, Fist said in his post that I'm not even supposed to mention the debt so I'm guessing I will leave it off the JAMS form.

Thanks Fist and BV. Do I snailmail it to PRA via their attorneys? The reason I ask is b/c the initial arbitration letter to PRA in Norfolk and haven't received the return receipt as of yet and it's been over a month so I'm guessing I had the incorrect mailing address for them. Or do I just email it to their attorneys?

Ahh, okay, Fist mentioned Synchrony Bank in his post hence my confusion as well. So I am asking PRA to pay fees then?

Also, I would be nowhere near this far if it weren't for your help as well as Harry's, BVs, and the rest of the people on here for sure so thank you from the bottom of my heart.

Do I send a letter to Synchrony Bank asking them to pay it or will JAMS contact them for the payment? Is the fact that they included someone else's personal/confidential info in my summons a violation to be listed when filling out my claims?

Thank you very much. I did try to get him to stipulate JAMS in the order that I included in my filing but he didn't sound like he was going to use my order.

Should I file with JAMS or AAA? What should my claims be in my filing?

So here's my rundown of what has transpired so far. Thank you to all that have answered me and provided guidance. I followed your advice above and after reading your very informative thread on arbitration @fisthardcheese thank you for that posting btw. I'm explaining this in detail for those of out there, like I was, that have no idea what to expect and are super nervous about it all. My experience is in FL and I am not saying this is the case for everyone but here is my own experience. I did not file an answer or MTCArb prior to this day as I was told by the judge's clerk that this

Unfortunately, time does not allow me to do this as my pre trial conference is to soon to get everything sent via certified mail and back. So my gameplan is to STEP 1: Go to my PTC, I will listen to the mediator and attorney and settle if it is an ridiculously low amount. STEP 2: Provided there is no acceptable settlement, I will ask for a trial date 30 days or more in the future. STEP 3: I will then file my MTCArb (see above) with the clerk as my answer after my PTC (or should I wait and mail it in?). STEP 4: Send a copy via certified mail to PRA's attorney. STE

Okay, thank you. That's the advice that I was thinking that everyone is pointing me toward doing. My understanding, from reading the Florida Small Claims Rules provided me earlier, is that I don't need to file the answer ahead of the pre trial conference but please correct me if I'm wrong, that I just show up to my PTC and they will try and talk me into settling and that's where I tell them I want to go to trial and then file my MTC. Now, do I have the Clerk stamp the MTC as soon as I walk in or do I wait until after the PTC to have it stamped and filed?

Thank you. Do I create a new number and put them there or do I include them under one of the current numbered points?

Thanks. Do I need to put the case heading at the top of the MTCArb as well? And do I need to change "Defendant" and "Plaintiff" in the MTCArb to my name and theirs? I'm not sure, that's kinda what I'm asking to be honest. I'm guessing they are going to try and get me to settle? Do I admit that I own the account? Do I ask for any other proof to verify that I am thinking it is the correct account? Do I tell them that I want to invoke arbitration? ETA: Do I need to include any FL Statutes within the MTCarb? I've got a copy of the Synchony Credit Card agreement to include. Do I need to c

Okay, thank you. How should I answer the questions at the pre trial conference? I'm a bit confused and not sure what to expect. So is this sufficient for my MTCarb? 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 xx XXXXX, 2019, Plaintiff filed its Complaint against Defendant. 2. Defendant moves this court to compel binding Private Arbitration based on the terms

Okay, so at the pre trial conf, I give them my written MTCArb after I tell them that I do not recognize the accounts based on the evidence they've provided? Or do I leave out the fact that I do not recognize either evidence and tell them I want a trial and then give them my written MTCArb when they try to get me to settle?