ASatts

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  1. @Brotherskeeper Guys, I'm late sharing the details because I was celebrating lol, as you know, the Motion was granted!! @upcycleliving I really hoped they would not show up but they sent the same slime ball rent-a-lawyer as last hearing (This time representing each of the big 3 in different cases... Crown, Midland, and Cavalry). He pulled me aside before the hearing started, which I was completely prepared for him to do, and asked me if I had reached out to try to settle this with Crown, and I replied that I have not. He warned me strongly that arbitration is not what I really want, it will end up costing me more than if I were to just offer them a lump sum settlement, etc. I simply replied that I am waiting to see how the magistrate rules on my motion. He kind of just shrugged, did not have much to say. One thing I will note right away is the overall atmosphere at this hearing was completely in my favor. Not the same magistrate. The first 3-4 cases were all garnishments coming to conclusion where both parties were unclear as to how much, if any, was still owed. It was a nightmare, they kept going back and forth and saying the same thing over and over, the magistrate was visibly irritated at their lack of preparedness. When my case was called and she asked if I had anything to say I made a firm one sentence statement basically reading from my Pre Hearing Memo, where I reasserted my right to arbitration despite the Plaintiff having voluntarily given up their right to the same. She asked if the attorney if he had anything to say, about their motion to deny arbitration, and clearly this guy was not being paid to argue anything. "This is just your standard dispute, the original card was a TJ Maxx, the amount is $$$..." I was shocked he didn't even mention a single item from the response they filed to my MTC. I don't know whether he was unprepared, unaware (doubtful), or just unhappy to be there (probable). She thanked me for my argument, and said she wanted more time to review the contract, and would issue a written answer and I'll receive it in the mail. Free to go! So as soon as I get that I was going to send them the Demand, but I also know I am at point 1 of 3 (I think?) where I can offer to get them to drop the case, right? Thanks for everyone's input! I was pretty pumped to argue but I swear it's like they just rolled over and died. Like they expected us all to do!
  2. @Brotherskeeper Thanks for catching. I mentioned FAA in my Motion, but not the Ohio case law. So that is what I focused on here. I don't see anything in the rule book pertaining to the spacing and font size. I am also bringing a Demand Letter (LOL) to the hearing in case my motion is granted. Does this seem appropriate? Demand for Arbitration - Crown Asset Mgmt.pdf
  3. @Brotherskeeper Heading to the Courthouse this afternoon to submit my Pre-Hearing Memorandum. Attaching for constructive criticism, and acknowledging that I did not allow much time for review! I gave it my best and the real emphasis will be verbally on Friday. Pre-Hearing Memorandum.pdf
  4. So in my initial post I noted a resource that I came across while looking at Ham. Co. court information. The Municipal Court Help Center. I went there yesterday! I was so worried that my position was weakened by the events that transpired at the last hearing, including the format of my MTC and the Magistrate's comments. I wanted a re-do! @Brotherskeeper and anyone else still following: I thought I blew it by failing to follow the format rules when I submitted my motion. In my review of the Court Rules Handbook, I only read the section on arbitration...! And that sweet Clerk who casually said there are no special rules to submitting motions... Should not have taken her word for it. All I can say is that I have learned SO much in such a short period of time. Reading through all the other threads never fully prepares you for what you learn by actually going through the process yourself! Anyway, I set out to find out whether I could submit another reply, and if so, when the deadline was, and if it had passed, I wanted to know how to rebound. The answer to this was not easy to find, because any interpretation of the rules is deemed legal advice and therefore no Clerk could help. So I scheduled an appointment at the Help Center to find out whether my MTC could be amended, and how. The answer was pretty simple and gave me some peace of mind. He said that the substance of the motion is more important than the form and said it was ruled on in a Supreme Court case (the specific case I did not catch). That was such a relief to hear. So he then went on to ask why arbitration is my defense, that they have never seen a defendant take such a position. The Director even came to sit with us, I believe they had discussed the background of my case before I arrived. He was genuinely intrigued. We read the cardholder agreement together and came to the conclusion that my defense is a rock and the response from Levy's attorney is full of errors that will not be difficult to argue if I have everything printed out and ready for the next hearing. He said no matter what point their attorney brings up (fees, inconvenience, etc.), just reiterate to the judge that those points are not only incorrect, they don't matter because if I elect arbitration, it is mandatory. Given what has happened, this is the required path. They did recommend that I submit a Pre Hearing Memorandum, which will just give an overview of what I will be arguing. The Director suggested this to help my defense appear more professional and prepared in the event the Magistrate is dismissive. I am going to draft that some time between now and the holidays, with enough time to get critiqued here!
  5. Attaching here. I can poke holes in it for sure. I feel like I hurried up and filed and should have put it out there for review. To help, here is Rule 14 from the local rule book for Hamilton County regarding Motions and memoranda: RULE 14. Motions, memoranda and procedure thereon (A) ALL motions shall be accompanied by a memorandum in support of the motion which shall be a brief statement of the grounds for the same, with citations of authorities relied upon, and (except in the case of an ex parte motion) proof of service in accordance with Civil Rule 5. All memoranda filed with a motion or in response thereto shall include page and document references for all factual assertions. (Amendment effective April 15, 1993) (B) Any memorandum contra to said motion shall be served upon movant's trial attorney within ten days from the date the memorandum in support of the motion and proof of service thereof, was served. Failure to serve and file a memorandum contra may be cause for the Court to grant the motion as served and filed. A reply memorandum may be served and filed within seven days of the service of the memorandum contra. The time periods set forth in this Paragraph B may be extended by the Court, for good cause shown, upon application therefor: (C) 1. No motions in civil cases, will be set for oral argument unless: a) a written request is made therefor by the moving party, or any other party, which request shall be noted conspicuously in the writing, or b) the Court directs the Assignment Commissioner to set such motion for oral argument. 2. Upon receipt of such request from counsel, and at such counsel's direction, the trial judge may make whatever disposition the judge feels is proper or may set the matter for oral argument. 3. Any party who may be adversely affected by such motion may file a memorandum opposing same and, if deemed necessary, the court may permit the filing of additional memoranda by any interested party. 4. If no request for oral argument is made by any interested party within ten days after the filing of such motion, the motion shall be considered by the assigned judge for decision. 5. Memoranda opposing any such motion shall be filed before the same is transmitted to the Court for decision. Leave shall be required for filing such memoranda after the motion has been transmitted to the Court. 6. If a decision on such motion has not been made within thirty days after transmittal thereof to the Court, any interested party may request the judge to set the case for decision on motion, who shall notify all counsel of record of such setting. 7. Any motion and memorandum which is not promptly served on opposing counsel after the filing thereof shall be subject to being stricken from the files. 8. To assure compliance with Civ. R. 56(C), depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact to support or oppose a motion for summary judgment shall be: (1) separately filed with the Clerk, or (2) if attached to the motion or memorandum, the caption shall so state, i.e. "...Including Affidavit of ________________________." Documents, which are not expressly mentioned in Civ. R. 56(C), shall be attached to an affidavit and filed. Failure to file any document as provided herein can result in its exclusion by the Court. No, at the time of the hearing the Court had no record of the Plaintiff's Response. The Cincinnati attorney had a "sworn copy" provided to him via e-mail from the Columbus attorney who wrote it. And why he requested a continuance. As of yesterday the Case Documents had not been updated. Today, however, I see their Response has been filed and dated December 9. Am I still in a good position here? I feel like I need to amend my MTC for it's shortcomings, and also somehow address the Response. Thoughts? I have time to do it right. MTC filed 11-19-19.pdf
  6. Update! After two sleepless nights spent preparing for this morning, my hearing has been rescheduled for January 10, 2020. The reason for this is that the Court did not receive Plaintiff's Response dated December 3, 2019. Before any comments could be made, other than swearing an oath and identifying myself, the opposing counsel admitted to not receiving a filed copy of the Response, and therefore requested a continuance. I agreed, thinking at the least I'll have more sleepless nights to prepare even further. But in hindsight, I am wondering if the court sided with them simply because as a self represented defendant I was not being taken seriously? After all my reading on Capital One Bank v. Collins, it seems to me that the court has to rule on my motion. In fairness, they would have to also rule on the Plaintiff's motion as well but since it wasn't even filed, should the magistrate have ruled on mine today? Opposing counsel (simultaneously representing MIDLAND in a separate case at the same hearing!) only had an e-mail with a sworn copy of the Response. The Response I received from Levy & Associates on December 6 was postmarked in Newark, Ohio (Columbus Area). No wonder I didn't see their filing when I checked the case history online on December 6. So, Matthew Salyer, "Top Rated Creditor Debtor Rights Attorney in Newark, OH," not only did you fail to file, you also failed to show up! I know his personal appearance is not the issue, but this just furthers my disdain for these creeps, in general. Lazy, faceless sleazes who prey on consumers for a living. Despicable. Well, if nothing else, this failure helps my case, right? If part of their argument is that they seek a quick resolution to this case, I would think the failure to file their response properly and timely should be held against them! Would I have been given the same consideration if I had failed to submit my response? Aren't these professionals?! Which brings me to my next point of contention. The Magistrate, with an unsettling resemblance to Nancy Polosi, made very clear her disagreement with my self representation. She pointed out that this is not a small claims court, and appearing Pro Se is (basically) a slap in the face to those who have completed the requisite amount of hours to be a licensed attorney, etc etc etc. She said the law is complex, and simply looking up information on the internet is not enough for the court. She strongly urged me to retain an attorney prior to the next hearing. I am just speechless. I didn't lose, yet. But I definitely need to carry a bigger stick!
  7. Thank you endlessly @Brotherskeeper ! I am armed with knowledge and confidence thanks to the contributions of all. Hoping to leave a trail of breadcrumbs so someone after me may benefit as I have! My last question is procedural: Should I prepare something in writing to respond to their points? Or will I just do this verbally?
  8. That is exactly how I interpreted it! I hope the judge does too. It's so interesting what happens when the Defendant does anything other than roll over and die for these JDBs. So at the motion hearing on Tuesday, I am prepared to argue my case but in the event the judge denies my MTC, I will appeal. How will I make it known at that time that I disagree and want to appeal the decision?
  9. This is the account agreement that I pulled off of the archives. Account Agreement.pdf
  10. Update! Time to get the conversation rolling. Things are getting interesting, and hopefully you all have some good advice and I haven't necessarily shot myself in the foot. Key points: 1. I filed my MTC arb on November 19, and copy to Levy & Associates. 2. Notice of court date was sent on November 25 (I did not receive until December 6) 3. Motion hearing set for Tuesday December 10. 4. Received a response to my motion from Levy & Associates, filed with the court on December 3. Attaching the scanned copy here! I had read earlier that Synchrony Bank has a "good" arbitration clause, but this attorney said that my claim is inaccurate, and that this case is actually NOT subject to arbitration. From the Card Agreement, he cites: "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 individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate." I am just posting this now and will read this motion more carefully to prepare my argument for Tuesday! Thank you in advance for any advice given! Levy response to MTC arb dated 12-3-19.pdf
  11. 1. Who is the named plaintiff in the suit? Crown Asset Management, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Levy & Associates, LLC 3. How much are you being sued for? $6,039.97 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?) Started receiving junk mail from local attorneys, later looked up the court record and confirmed the case. Filed 10/10/19 6. How were you served? (Mail, In person, Notice on door) USPS left notice on the door, later picked up at post office. 10/28/19 7. Was the service legal as required by your state? I think so. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I received a letter on 7/25/19 from Levy & Associates that I mistakenly disregarded as another transfer/sale of the debt. It was a "placed with our office for collection" letter, "notify us within 30 days if you dispute..." I did not respond. 9. What state and county do you live in? Hamilton County, Ohio 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? Not sure the month, 2014. 12. What is the SOL on the debt? To find out: Is this the state I resided in when I opened the account? South Carolina - 3 years 13. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Case status is open. Court Clerk informed me they now provide free legal assistance by appointment, I might look into that. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Is it too late? Will this help me later in arbitration? That's my strategy btw, that's why I'm here! Synchrony has an arbitration clause and offers the choice of AAA or JAMS. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. It may be useful to the court, but will it be useful if my strategy is arbitration? 16. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? I have 28 days (Monday, November 25) to respond to their cookie cutter complaint: 1. Upon information and belief, Defendant(s) resides in Hamilton County, Ohio. Plaintiff, is the assignee of Defendant's Synchrony Bank account, account #XXXXXXXX ("Account"). 2. Defendant owes Plaintiff the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97) for money owed to the Plaintiff via Defendant's use of the Account provided to Defendant. 3. Defendant breached the Account's agreement by failing to make payment on the Account as required. 4. As a result of said breach, Defendant owes Plaintiff the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97). A copy of a statement is attached hereto, and incorporated herein, as Exhibit "A". 5. Plaintiff, or its agents, has made demand on Defendant, but Defendant has failed to comply with such demand. 6. Defendant(s) received benefit from said Account. 7. Said Account was not conferred gratuitously, Defendant was expected to pay on said Account, and as a result Defendant(s) has been unjustly enriched, all in the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97). 8. Wherefore, Plaintiff demands judgement against Defendant(s), jointly and severally if more than more, in the sum of Six Thousand Thirty-Nine and 97/100 Dollars ($6,039.97), plus interest at 5% per annum from the judgement date, the court costs expended herein and all other relief that may be issued as provided by law. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Exbibit "A" is page 1 of my March 2018 statement, and pages 2-3 of my August 2017 statement. Also included is a Bill of Sale: Crown Asset (CADS)-- PLCC CAD -- June 2018 For value received and in further consideration of the mutual covenants and conditions set forth in the Forward Flow Accounts Purchase Agreement (the "Agreement"), dated as of this 5th day of July, 2017 by and between Synchrony Bank formerly known as GE Capital Retail Bank; RFS Holding LLC. and Retail Finance Credit Services, LLC., ("Seller") and Crown Asset Management, LLC ("Buyer"), Seller hereby transfers, sells, conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification Files (as defined in the Agreement), delivered by Seller to Buyer on June 19, 2018, and as further described in the Agreement. 18. How did you find out about this site? Every good Google search leads back here. I have read a lot and am familiar with most of the terms but never thought I'd be writing a formal court document. I also don't know what I thought was going to happen if I just kept ignoring that looming debt in the back of my mind (and bottom of my credit report). Hasn't been detrimental till now. Since I thought I had 28 days from date filed, I was super expedient in preparing 1.) My answer to the complaint 2.) MTC 3.) Proposed Order granting MTC 4.) Affidavit to accompany card holder agreement. I'm just looking for a little advice on what else to prepare? There are no special rules pertaining to the filing of motions. Am I just going to walk in and get this stuff stamped and signed, or will I get drilled by the judge? Hoping to be as prepared as possible for what to expect.