Fishman93

Members
  • Content Count

    7
  • Joined

  • Last visited

  • Days Won

    1

Fishman93 last won the day on May 22

Fishman93 had the most liked content!

Community Reputation

2 Neutral

About Fishman93

  • Rank
    Newbie

Profile Fields

  • Location
    Maryland

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. CASE DISMISSED. YOU PEOPLE ARE GODSENT. THANKS EVERYONE BUT SPECIFICALLY @fisthardcheese AND @Harry Seaward. Felt soooo good knowing those lawyers that were laughing in my face from the director of the firm to the rent a lawyer had to eat their words....
  2. Could not have done it without you! Case is stayed until arbitration results. Any help please for the settlement letter after filing arbitration? Who closes the case first? Would I close the arbitration case? Then they close the court case? Or vice versa? To guarantee both parties comply with their promises, would this be done with a stipulated agreement filed with the court house? Thanks!!
  3. Sorry all.. Not gonna give excuses as to why I haven't replied. I need to work on replying promptly to everyone including friends and family. I arrive at the courthouse. Packed court room.. Look around for the lawyer from my last hearing. I do not see him. Later walks in a different lawyer representing Crown Asset Management. Asks if I want to discuss some things with him outside before trial/hearing. In the hallway he mentions that Arbitration is expensive and if I know that. (Duh thats kinda the point ;)) I say yes, but based on the agreement its all covered by Plaintiff. Then ask me if I want to try to settle. I told him $500. He looked at me and laughed. I told him see ya in the court room then.. Turned around and walked into the court room. Case was called and Judge asked lawyer if he had any opposition to the motion. Surprisingly he said no and the consumer has a right to request arbitration. Then states he would just like me to answer/admit to a couple of questions and then he will have no problem with the motion. Judge looks at me and says based on how you answer these questions will determine the next step (if I answer no I guess, Judge decides on the motion, if I answer yes motion is granted).. Lawyer walks up to me and shows me the Original summons with my account number. Basically asks me if I admit that I owned this account, nothing was mentioned about the alleged debt, but only if I was affiliated with this account.. I said yes no doubt I was/am.. Motion granted. What do you guys think the lawyers purpose was for those questions? Outside of the courtroom as we walked out of the building he asks if I have ever done arbitration and what I think of it. I said yes multiple times ;). Asks me if I feel like they basically did a fair/good job. I say yes. He says he feels like arbitration is "the man", in a negative way. Asks me what I plan to do for arbitration. I tell him I have them for FDCPA and some other violations and will be asking for a $4,500 award for said violations. He got pretty upset and said "ah the american way" and walked off. I was laughing inside of my head. THANKS ALL FOR ALL THE HELP. @Brotherskeeper you live up to your username!! Thanks to you specifically. I feel like I owe yall. I also used your affidavit you provided in this thread. Sorry for the late update. My procrastination is the worst. Next step is to file with the AAA and hope for the best.
  4. Thanks so much @Brotherskeeper. Wish me luck. Court at 9AM today! Will let everyone know how it goes.
  5. Thanks so much to you. Would not have even gotten this far without you and your advice and guides. Here is a little update and would love some advice. Filed a MTC with affidavit and one page of contract attached with arbitration clause. Judge decided to hold a hearing on trial date. Upon going to court, was grilled by plaintiffs lawyer outside of the court room before trial for arbitration yada yada.. After trial he started laughing when I told him I printed the agreement from the internet. Said he would tell the judge next motion hearing of where I got the agreement from, and that I need a signed original. (even though that does not exist) So he is really against the MTC. Judge asked lawyer if the lawyer saw the MTC. He stated he did not.. He also stated he would be arguing against the motion next go around. Judge then proceeded to tell me I only attached one page of the contract.. Could be some random agreement I have.. Etc. To submit as an exhibit the whole contract, even though the page I attached has the whole arbitration clause on it. He also stated it is my burden of proof to provide the contract. He reset the hearing and trial (if needed) for 03/05. My question is, how can I argue against this? Is it the plaintiffs burden of proof to provide the contract if he disagrees with the one I bring? It's wild they aren't even required to provide a contract for an account THEY are suing me on. Lawyer also brought up that they bought the debt without all the other rights on the contract?? Looks like the lawyer will argue about the authenticity of my agreement and judge may as well? Can I say I want a witness from the OC to prove I have the wrong contract? Or is my affidavit suffice and just bring up the fact that I have an affidavit to the judge? Would love some advice from you!!! To add even more twist to the story, I provided an affidavit with that one page of contract, however I realized I provided an updated copy of the synchrony bank contract (from 2019, I needed the one from 2017). Arbitration clause is the exact same thing. Just a few updated things on other parts of the contract such as apr and such. Stupid mistake on my part. Do I admit that to the judge before it is brought up? Do I not say anything until/if it is brought up? Do I attach the 2017 contract on my new exhibit or stick with the one from 2019 now? Pretty much a personal thing to me now with how mean the lawyer was.. Very intimidating being in court but also neat at the same time. Hope you guys can help me pull this one through.
  6. Hi, Filed a MTC with affidavit and one page of contract attached with arbitration clause. Judge decided to hold a hearing on trial date. Upon going to court, was grilled by plaintiffs lawyer outside of the court room before trial for arbitration yada yada.. After trial he started laughing when I told him I printed the agreement from the internet. Said he would tell the judge next motion hearing of where I got the agreement from, and that I need a signed original. (even though that does not exist) So he is really against the MTC. Judge asked lawyer if the lawyer saw the MTC. He stated he did not.. He also stated he would be arguing against the motion next go around. Judge then proceeded to tell me I only attached one page of the contract.. Could be some random agreement I have.. Etc. To submit as an exhibit the whole contract, even though the page I attached has the whole arbitration clause on it. He also stated it is my burden of proof to provide the contract. He reset the hearing and trial (if needed) for 03/05. My question is, how can I argue against this? Is it the plaintiffs burden of proof to provide the contract if he disagrees with the one I bring? It's wild they aren't even required to provide a contract for an account THEY are suing me on. Lawyer also brought up that they bought the debt without all the other rights on the contract?? Looks like the lawyer will argue about the authenticity of my agreement and judge may as well? Can I say I want a witness from the OC to prove I have the wrong contract? Or is my affidavit suffice and just bring up the fact that I have an affidavit to the judge? To add even more twist to the story, I provided an affidavit with that one page of contract, however I realized I provided an updated copy of the synchrony bank contract (from 2019, I needed the one from 2017). Arbitration clause is the exact same thing. Just a few updated things on other parts of the contract such as apr and such. Stupid mistake on my part. Do I admit that to the judge before it is brought up? Do I not say anything until/if it is brought up? Do I attach the 2017 contract on my new exhibit or stick with the one from 2019 now? Pretty much a personal thing to me now with how mean the lawyer was.. Very intimidating being in court but also neat at the same time. Hope you guys can help me pull this one through. Thanks so much Thanks so much
  7. First off, I want to say thanks so much for all of the information that is on here. Have been reading this forum for a few months now. Without you guys, I wouldnt have even know where to start. Just was served about a week ago and have to file my intent to defend by day 15 of being served. I have a couple of questions for you guys and will be forever thankful for some help. 1.) How does my response/intent to defend document look? I dont know how to answer each allegation as there is really only one. Maryland has a "charge off" worksheet that they have used to file the lawsuit. 2.) Must I put " Defendant admits that an agreement was had between Synchrony Bank (Account ending in 4370) and Defendant. However, defendant does not admit to any amount owed and due as asserted in plaintiffs claims. " If I dont then will my MTC still be legit? If I dont agree that I owned the account then how can I possibly agree to the the terms of arbitration? 3.) How does the bill of sale they provided look? Must it have an account number and specific terms? Looks like it was some sort of batch sale?? 4.) Originally this was a synchrony account which has a clause in that states the following; " 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." This has been filed in small claims. What are the chances this clause is what causes a denial of my MTC? I see mixed results on here.. Should I put that into my MTC? From what i'm getting is to not put that in there, but once the judge sees that clause wont it look even worse as in it looking like I was trying to hide it?? Thanks so much CURRENT SUIT DETAILS: 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? Peroutka and Miller 3. How much are you being sued for? ~$3,000 4. Who is the original creditor? (If not the Plaintiff) Synchrony Bank (Paypal extras mastercard) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door, etc.) In person 7. Was the service legal as required by your state? Yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Nothing - other than a settlement offer 9. What state and county do you live in? Baltimore county, MD 10. When is the last time you paid on this account? (Looking to establish if you are outside SOL) Within the last 2 years 11. When did you open the account (Looking to establish what card agreement may be applicable) Roughly 2016 12. What is the SOL on the debt? 3 years 13. What is the status of your case? Suit served? Motions filed? Served 1 week ago. Looking to file answer and motion to compel within the next few days. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? No 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit from Crown asset management Custodian of Records, last statement and a bill of sale (without account number. Untitled document.pdf