treblclef20

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About treblclef20

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  1. As soon as I filed the original answer, I was given a hearing date. The judge was assigned days before the hearing date.
  2. I realize there are a lot of cases outlined here that can be researched for reference. I have read through all of them thoroughly, and still found it hard to determine which things applied in my case, particularly because I had to amend my answer. So, just in case it's useful for anyone, here is the latest update -- particularly as related to handling the amendment of the answer: My husband appeared at the pre-trial hearing and simply told the judge verbally that he'd like to amend his answer and also that he will be pursuing arbitration. The judge adjourned the case to allow him to file an amended answer and a motion for arbitration. (She adjourned the case until spring 2020.) If the new answer and motion is accepted by the court, then it sounds like the case will be dismissed without him needing to show up to court again. Some other observations and points (and I'm curious if any of you have reactions to this): The plaintiff's lawyer tried to argue that because Midland is the owner now, the Citibank agreement doesn't apply. (That seems completely grasping at straws and inaccurate, but please let me know if you have any insights into this.) When granting the adjournment, the judge said to take advantage of this time to file a discovery request. My husband said he already had and the plaintiff hadn't answered yet, which the judge reacted positively to (that he was taking proactive steps). (That said, why would the judge say this? Does this mean she thinks the arbitration motion probably won't get approved? Because discovery seems a moot point if arbitration motion is granted.) The lawyer tried to contest that a discovery request had been made (we of course had proof) and handed my husband some paperwork to prove ownership of the account (however, it is not extensive and certainly doesn't address all the items requested in the discovery letter). My husband said that the plaintiff's lawyer was working many other cases that day and that she was very aggressive about contesting when other cases were being adjourned, but was not nearly as aggressive in this case. (Do you think this is because she really didn't have an argument here? .... or something else?)
  3. @Brotherskeeper thanks for being so responsive. From what I can tell, it seems to be civil court, not small claims. So, from what you are saying, not only do I not need to tell the plaintiff, but it seem like I don't even need to submit paperwork to the AAA yet. It seems like I could go to the pre-trial hearing with the defense that this is outside the court's jurisdiction and belongs in arbitration. If the judge agrees and dismisses, then could I just wait for the plaintiff to decide to move arbitration forward first? Or do I need to show the judge that I intend to move this to arbitration by showing him/her that I've filed the paperwork?
  4. Got it, thanks. Here's the agreement for reference. I'll be sending a letter overnighted to them in advance of the date to ensure I have at least notified them of that intent, to your point.
  5. Update: I've discovered that I can just submit an "amended answer" to the court. I am past the normal deadline to do so, but a judge can decide to accept the updated answer. So I will submit the update tomorrow, and when I go to the pre-trial hearing later this week will let the judge know that I submitted it at this time having just learned about the arbitration clause in my CC agreement. I'll then overnight mail to the plaintiff's attorney: the amended answer + a letter stating intent to arbitrate. That way, at least I will have done those things before the court date and can state to the judge that I have done so. I have also received no answer to my discovery request, which I realize is a separate thing, but hopefully will help in that I am not the only one late to the game here.... If anyone has any thoughts on this, would greatly appreciate. Otherwise, I'll let you know how it goes.
  6. @Brotherskeeper Thank you; appreciate your sharing your thinking on this in any case. In response to a consideration you raised about how plaintiff can be compelled to arbitrate -- doesn't the CC agreement say that any dispute should be arbitrated? So by bringing this to court first, aren't they actually not following what was in our agreement? (Even if I don't give them notice, which I will try to do in any case.) Or is arbitration simply a right? i.e. I can request arbitration if I see fit, and so can they; but it's not a requirement.
  7. @Brotherskeeper thanks so much. I have been reading the other NY threads but having a hard time sorting what is relevant to me here. I don't think I have enough time now to get a letter to the plaintiff about intent to arbitrate ahead of the court date and will probably need to file a motion to amend an answer. Since the court date is just in a few days, do I just bring the motion to court on that day? Or would I need to come in and file ahead of the court date (like on Monday)?
  8. Thank you so much! So, if I am reading this correctly, rule A doesn't work for me, because I filed the first answer more than 20 days ago. Does rule B just mean that basically I go to court and tell the judge there that I want to file an amended answer, and the judge just has to accept that for it to move ahead?
  9. Does anyone know how I can find the rules for filing an updated answer in NYC civil court? i.e. whether I need special permission, or can just go ahead and submit a new one in-person? I can't seem to find a thing on this online. The court appearance is later next week. I have a few biz days still where I could go in and update it before the court date, but I don't know if that's true (if there's a cut off date or something similar.)
  10. They have not responded yet, but I believe they still technically have a few more days to do so. I asked for the following: The fully executed credit agreement and all amendments. The entire history of payments, and all statements sent to the account holder. All documents relating to proof of mailing of statements. All documents relating to any dispute concerning the validity of the alleged debt. All documents relating to cancellation or termination of the agreement. A detailed breakdown of all interest and fees that Plaintiff is seeking. All documents relating to any alleged payment or settlement agreement between Plaintiff and Defendant regarding the alleged debt. 8. All information and documents relating to Plaintiff’s acquisition of the alleged debt, including, without limitation, executed copies of all assignments/transfers. 9. All information and documents relating to Plaintiff’s compliance with New York City’s debt collection rules (N.Y.C. Admin. Code §§ 20-490-20-494). All documents relating to reporting made to any consumer reporting agencies. All documents relating to proof of service, including a copy of the affidavit of service filed with the court and all documents related to compliance with section 20-410 of the New York City Administrative code, including a hard-copy print out of the electronic record of the time, date and location of alleged service and any supporting documents.
  11. Thank you- so I could actually state all of these at once? I may need court permission to file the amended answer, but if I do, I will just state that I've only just learned of the clause in the cc agreement.
  12. When I look it up online is says civil case, rather than small claims, so I believe I am OK? I just thought that the amount of the suit might be an issue?
  13. Is there anyone who has any thoughts on this at all? I have only until Monday to file an updated answer now, if I would like to. Any help is super appreciated.
  14. Does anyone have thoughts on this one particular item in the cc agreement? Can i still try for arbitration? Thank you
  15. Here's the whole limitations section: Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person. How arbitration works • Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to this arbitration provision and the applicable A A A arbitration rules in effect when the claim is filed (“AAA Rules”), except where those rules conflict with this arbitration provision. You can obtain copies of the A A A Rules at the A A A’s website (w w w . a d r . org) or by calling 800-778-7879. You or we may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to your billing address. • Arbitration may be requested any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion, or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required A A A forms and requisite filing fees to the A A A. • The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the A A A Rules,which may limit discovery. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect account information and other confidential information of either party if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. The arbitrator shall make any award in writing and, if requested by you or us, may provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the parties named in the arbitration, and shall not have any bearing on any other person or dispute.