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Everything posted by BlueMountain

  1. Unfortunately, from what I can see it says all claims are covered. Although the language is complicated, it does say in the agreement that "Arbitration will solve appeals of a small-claims court judgment." Can you look at the attached agreement and see if there seems to be any delegation? Thank you! Advance Snip 1.pdf
  2. I'm not quite sure, the agreement seems to cover cases that start in small claims court too. I'm uploading a copy of the wording here. Do you see an immediate out by chance? Advance Snip 1.pdf
  3. Hi everyone. This is the some of the language from the arbitration agreement: Are you waiving rights? Yes. You waive your rights to: 1.Have juries solve Disputes. 2.Have courts, other than small-claims courts, solve Disputes. 3.Serve as a private attorney general or in a representative capacity. 4.Be in a class action. Can small-claims court solve some Disputes? Yes Each party has the right to arbitrate, or to go to small-claims court if the small-claims court has the power to hear the Dispute. Arbitration will solve all Disputes that the small-claims court does not have the power to hear. If there is an appeal from small-claims court, or if a Dispute changes so that the small-claims court loses the power to hear it, then the Dispute will only be heard by an Arbiter. How does arbitration start? Mailing a notice. Either party may mail the other a request to arbitrate, even if a lawsuit has been filed. The notice should describe the Dispute and relief sought. The receiving party must mail a response within 20 days. If you mail the demand, you may choose the arbitration group. Or, your demand may state that you want the parties to choose a local Arbiter. If related third parties or we mail the demand, you must respond in 20 days. Your response must choose an arbitration group or propose a local Arbiter. If it doesn’t, we may choose the group. Who arbitrates? AAA, JAMS, or an agreed Arbiter. You may select the American Arbitration Association (“AAA”) (1-800-778-7879) or JAMS (1-800-352-5267) The parties may also agree in writing to a local attorney, retired judge, or Arbiter in good standing with an arbitration group. The Arbiter must arbitrate under AAA or JAMS consumer rules. You may get a copy of these rules from such group. Any rules that conflict with any of our agreements with you, don’t apply. If these options aren’t available, and the parties can’t agree on another, a court may choose the Arbiter. Such Arbiter must enforce your agreements with us, as they are written.
  4. Hi everyone. I am a college student who stupidly took out a 250%+ payday loan my freshman year and never paid it back. I am now being sued in General Sessions court in Chattanooga, Tennessee. I have NOT yet been served, but got a letter in the mail advertising the services of a bankruptcy lawyer so presume they know my new address... I called to get a copy of the lawsuit but since it's out for service by the Sheriff's department I was told they don't have it yet. I have been lurking around the past few days and my understanding is the arbitration argument won't work since General Sessions is small claims and there is an exclusion for it in the loan agreement (I found a copy of it). Can anyone recommend what a good strategy might be? I don't have a job or any significant assets for them to seize/garnish so that is at least one consideration. 1. Who is the named plaintiff in the suit? Harpeth Financial Services (Advance Financial) 2. What is the name of the law firm handling the suit? Robert Hill (Hill Law Firm) Nashville, TN 3. How much are you being sued for? $2,620.52 4. Who is the original creditor? Harpeth Financial Services (Advance Financial) 5. How do you know you are being sued? (You were served, right?) Not yet served, received ad from another lawyer 6. How were you served? (Mail, In person, Notice on door) Not yet served, out by Sheriff's office 7. Was the service legal as required by your state? N/A 8. What was your correspondence (if any) with the people suing you before you think you were being sued? None before 9. What state and county do you live in? Tennessee, Hamilton County 10. When is the last time you paid on this account? Approx 1.5 years 11. What is the SOL on the debt? 6 Years I believe 12. What is the status of your case? Suit served? Motions filed? Lawsuit filed, but not returned for service 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Since it's a payday loan it isn't on my credit 14. Did you request debt validation before the suit was filed? N/A 15. How long do you have to respond to the suit? Unsure, no court date set since not yet served 16. What evidence did they send with the summons? N/A