Okiemom

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About Okiemom

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  1. I file the motion for sanctions against LVNV or the AAA who would not take the case because of LVNV?
  2. Received letter from AAA saying they were closing the case I just filed with them because LVNV has failed to comply with AAA's policies regarding consumer filings. Awesome! What options do I have now? If they will not take the case because of LVNV's misdeeds?
  3. Would love your advice on this thought … since Midland is the assignee of the Synchrony account and Midland is the one suing, should the MTC arbitration mention that Midland is the assignee of Synchrony? I ask, because when referring to asking the court to compel binding arbitration based on plaintiff's credit card agreement in my motion, since the plaintiff is Midland and the arbitration agreement is with Synchrony, do you have to connect the dots for the judge that the arbitration agreement is passed on to Midland as Synchrony's assignee? I am sure the judge can figure that all out by g
  4. Thanks! Yeah, part of me thinks since I elected arbitration in my Answer and filed the MTC first that the MSJ is invalid and it would be a waste of time to file a reply opposing the MSJ as the judge might take it that my reply means I don't think the matter should be arbitrated but be kept in the court since I responded. But then the other part worries if I don't oppose the summary judgment by filing a reply on the fact that opposing counsel states there is no defenses at issue, when there clearly is a defense at issue (my affirmative defense of binding arbitration and my election of
  5. I filed my motion to compel arbitration the morning of Nov. 4th in person with the court. That same day, in the mail, I received a copy of opposing counsel's motion for summary judgment that was mailed out on October 31st and which was filed with the court on Nov. 7th. I was not aware of the MSJ coming in when I prepared or filed my MTC, with order for judge. As my MTC was filed with the court before opposing counsel's MSJ (though their motion was prepared and mailed out first), would their MSJ even be considered or looked at by the judge before mine? This might sound like a stupid question, b
  6. Awesome. Thank you for the clarification. I see the difference now. Looks like Citi took the language in synchrony's 2nd sentence and revised it to their benefit didn't they? Wow. I will have to hunt down the citi agreement for my account opened in 2009 or 2010 to see what it says. If it has that same language. I haven't had luck finding it yet and online searches for old versions of the agreement doesn't pull up a copy. I figure they will be filing suit in a few months as I just received notice that LVNV owns the account by email. Not mail, but email which seems like a dumb way for them
  7. That's the way it reads to me too. If I am not mistaken though, I read somewhere here that a recent poster said the judge denied their MTC based on the small claims language like the one above. To me the judge was wrong in denying it since the first sentence says must arbitrate and the second says will not require. I am just trying to make sure I am understanding the language correctly in case I come across this in my case since I have requested to compel arbitration against Midland on a synchrony account. I want to be prepared in case of a court hearing.
  8. When you say cut out language, you are referring to the one in bold below correct? Is that the cut out language? [Synchrony Bank What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Wal-mart Stores, Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individua
  9. Can you request arbitration of a lawsuit filed by midland's attorneys? Is the arbitration agreement from synchrony bank enforceable even though the account is now owned by midland?
  10. Thankfully there is language in the arbitration agreement that they will reimburse me for the difference in cost between arbitration or filing in small claims court.
  11. @Brotherskeeper@Harry Seaward Thank you both so very much! I have done so much research into bankruptcy over the past year, that I don't think my brain was able to comprehend everything I was trying to absorb about arbitration the past few days. I greatly appreciate your patience with me. Your experience and input is very valuable!
  12. Does this read funny? The arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of the Cardmember Agreement and the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now
  13. So should I not bother to file a motion to compel arbitration then? Just file an answer denying the allegations to give me the time to file the bankruptcy? I don't have any extra money I can save up to try to settle, as both my husband and I are not making much compared to what we made before we lost our jobs (about 30% what we used to make before) and what we had in savings & 401k was used up trying to pay bills for over a year before we could find new jobs (that unfortunately pay less). How quickly could/would arbitration move with these OC's?
  14. Yes, I have done the BK means test and even had a certificate of credit counseling at one time, but it has expired and I need to do that again as it is required prior to filing bankruptcy. I don't plan on winning against Barclay (even in arbitration, though the amount owed is $2,500), I just need to obtain some time to be able to file the bankruptcy prior to them obtaining judgment and pursuing garnishing what little wages I get. The next creditor coming after me will probably be discover and I won't have a fighting chance against them due to the balance being bigger.