FredG.

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About FredG.

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  1. Right now, from your thread on help with filing with JAMS, I put "Consumer Debt Dispute." But not sure what to follow that with. I never received a Bill of Sale/ Chain of Title to show their ownership of the debt. If they don't willingly produce this, can I request it? I read that this does show what they paid for the debt, whether it helps or not. So their actual cost would be in front of the judge/arbitrator. The Affidavit was signed by a 3rd party, someone from a Legal Network. Does the affidavit need to be signed by the original lender? Can I put any of this as a violation to follow up the consumer debt dispute claim?
  2. I'm not sure what you mean. When I file the Demand For Arbitration Form, I have to list what the dispute is along with a contract containing the arbitration clause. JAMS ask for the "Nature of Dispute/Claims & Relief Sought by Claimant." I don't have any other claims to put other than the original debt dispute.
  3. UPDATE! Had a hearing on my MTC Arbitration yesterday. I think it went okay, had some back and forth with the attorney. He asked the judge to make me pay for all fees since I was asking for private arbitration. Judge did not agree with that but he did grant my motion. So now, I am filing with JAMS for arbitration.
  4. Here is what i received from the court below. Per the letter I received below, now is the time to file with JAMS to select my own arbitrator right? Definitely don't trust the court appointed 2 mediator names listed on the form. They are local to the suing law firm and they are probably golf buddies. Date: ___12/21/19_____________Pursuant to the South Carolina Alternative Dispute Resolution Rules(SCADR), you are required to participate in the following methods of Alternative Dispute Resolution (ADR): mediation or arbitration (binding or non-binding); on or before 300 days from the date of filing of this action. The parties have a right to mutually agree upon the form of ADR and a neutral person(s) to conduct that ADR process. In the event the parties are unable to agree upon the form of ADR, the court hereby designates mediation as the default process of ADR. In the event the parties are unable to agree upon a mediator, the court hereby appoints to serve as mediator. Mediator Name Here In the event the aforementioned mediator has a conflict of interest or is unable to serve,the alternate mediator is 2nd Mediator Name Here The parties and/or their lawyers shall contact the court-appointed mediator directly regarding scheduling and payment of the court-mandated fee. A Rule to Show Cause why sanctions should not be imposed may be issued in all cases that fail to file a Proof of ADR or Exemption form indicating evidence of participation in or exemption from an ADR process within 300 days from the date of filing of the action or 90 days from the date of this notice.
  5. I called the Clerk of Court office and found out my hearing date is coming up in January. I'm starting to get nervous about this and thinking of getting a lawyer to represent me. When I go to court, I simply deny I owe the debt? I'm sure the law firm will have their paperwork showing the original loan agreement. How can I stand before the judge and deny that?
  6. So the date I'm looking at, 12/06/19 ; 14:51, on the court website is a court date I need to report to for ADR? If that is the case, I had no idea it meant that. I filed the Motion to Compel on 8/30/19 and haven't heard from the lawyers office or the court. I thought I would be served from the court if I had to appear. I didn't even know my case was online, I found it by accident while looking for examples of MTC's.
  7. Just wanted to come back and update my particular case. I don't want to be one that asks repeatedly for help, get it, and never provide updates as to what happened. I filed the MTC with the Clerk of Court on 8/30/19. Have not heard anything back yet, nothing from the lawyer or anything from the court. Guess now I sit and wait for a response.
  8. I have been searching for hours, can't find a motion from an attorney that does not look like my summons type format. The one I attached in my post above is actually a cover letter. I have to file tomorrow.I guess I will use the example in your arbitration link. In paragraph 6 of your example there are 4 blanks, do I need to fill in something there? Thanks.😟
  9. I found my case online and noticed that it listed my status as, " Pending/ADR/Alternative Dispute Resolution (Workflow)." Date for completion is like 210 days from the original filing by the lawfirm, it's dated due 12/06/19. Also while searching for examples of motions filed in South Carolina, I found one form used that states, " Effective January 1, 2016, Alternative Dispute Resolution (ADR) is mandatory in all counties, pursuant to Supreme Court Order dated November 12, 2015." That is referring to a South Carolina Supreme Court ruling. Does that mean I should not have a hard time being approved for arbitration? The motion form I found is attached. Any thoughts? Thanks! SCCA234.pdf
  10. I read through the arbitration link. I'm now wondering why they sent the discovery to me after my debt validation request and gave me 30 days to reply. According to what I read, isn't it kind of pointless now? So my response to the discovery should just state, "Objection due to jurisdictional issue addressed in pending MTC" to every question? I looked up SC law when it comes to filing motions and had a question about the 3 parts below: [ (c) Form and Content of Motions and Petitions. All motions or petitions filed in an appellate court shall be in writing, shall state the grounds thereof, and shall comply with the requirements of Rule 267. The pages of the motion or petition and all supporting documents shall be consecutively numbered. Each motion or petition shall include the following: (1) A certificate or affidavit of service reflecting the date of service upon all parties. The original certificate or affidavit of service must be filed with the original motion or petition. (2) A memorandum with citation of authorities in support of the motion. (3) Where the Record on Appeal or Appendix has not been filed, or where the facts relied upon in support of the motion are not contained in the Record on Appeal or Appendix, the parties shall file affidavits and other documents in support of their positions.] No. 1 is asking for an affidavit to be written and notarized showing the date all parties have been served with the MTC right? Not sure what 2 and 3 are asking. I was going to use the example MTC and take a copy of the contract showing the arbitration clause to court and file both. Do I need an affidavit? Thanks again.
  11. Okay, thanks for the response. So I need to... 1. Find a template of a MTC, complete and send to the law firm along with a copy of Arbitration Clause in my original contract with Lending Club 2. Go to JAMS website and file a claim with them 3. After those are done, draft answers to the discovery and send to the law firm Do I need to do anything with the court right now? File any of the above items with them? I did file the Debt Validation with them too. Thanks guys for any and all help received.
  12. Just so I'm clear, when you say discovery that means the debt validation I requested and received? When I file the MTC with the law firm, do I need to take anything to the Clerk of Court or does my filing with JAMS suffice? Thanks.
  13. Hello all, this is my first post but I have been reading through the site for a few months trying to find similar cases to help me. But it is all getting a little confusing. I think my case differs from most I have read here because of the amount of my bad debt. It is $10,000 owed to Lending Club, that has been sold to Velocity Investments (I live in South Carolina). So any hopes of arbitration scaring them off due to cost probably doesn't apply to my case because they can still profit off of me. I tried to work with Lending Club in 2016 but was told they could no longer accept my payments and I really don't want to pay a JDB that bought my debt for pennies on the dollar. I wouldn't hesitate to work with Lending Club. I received a Summons filed by Velocity Investments representing law firm, Clarkson and Hale, delivered by a Sheriff's Deputy. It was the usual respond in 30 days or we will seek a default judgement against you. That was in June and after reading here I responded with a Debt Validation letter, which I also gave a copy of to the Clerk of Court. The law firm has now responded with Plantiff's First Set of Interrogatories to Defendent, Plantiff's First Requests for Production to Defendent, Plantiff's First Requests for Admissions to Defendent, and Certificates of Mailing. I now have a copy of my contract with Lending Club and have 30 days to respond. I'm not sure what I need to do next, I have been reading here and I'm still unsure. I think they send all of these forms with legal terminology to intimidate. Do I respond to them with a request for arbitration and file with AAA or Jams for arbitration? I am sure they will accept arbitration in my case due to the amount, should I just try to settle with them and save myself the hassle? I am getting close to the 30 day response time, I did find a consumer advocacy lawyer on this website they I am going to give a call tomorrow to see if he can review my case. At this point, would it be devastating for me if I go past the 30 days? Thanks guys for any help. FredG.