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Jbrown

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  1. Jbrown

    Curiousity

    Thank you! You all really helped save the day with advice!
  2. Jbrown

    Curiousity

    They never reached out. As soon as they received the paperwork this happened. As you said a win is a win . So, I’ll take it! Thank you all for the assistance and giving me the reassurance I could get through it.
  3. Jbrown

    Curiousity

    I just got off the phone with the clerk at my local courthouse. She was very kind and helpful (much appreciated) and she said that she did in fact believe one was required. She also asked if I planned on adding it at the end of my motion or as separate document. I told her I assumed it needed to be a separate document, but she said they actually prefer them added in at the end. So I am guessing that at the end of my MTC I basically just certify that I did send a copy via certified mail and who I sent it to and their address as well as the date it was sent and then my signature? Or is there specifics I am leaving out in the certificate of service that I need to add in there?
  4. Jbrown

    Curiousity

    So I am wondering what the certificate of service is? I havent seen it mentioned prior but I did just read on a different post that one must submit one with their MTC. Is this correct and if so what is the certificate of service? Sorry if that is a stupid question. I am just not trying to give him a reason to say I did not properly file anything and I didnt know this was a thing. Thank you all for constantly helping with any question!
  5. Jbrown

    Curiousity

    Thanks guys! I filed my Answer yesterday. Got a copy stamped and sent it certified to the JDB’s lawyer and now we wait . Gonna wait til this following Monday to see if I hear anything then file my MTC.
  6. Jbrown

    Curiousity

    Sorry I was probably vague and made it confusing. I apologize. I received it (summons) the 27th. I still have plenty of time basically til the day of the hearing to file. I wanted to get it out of the way & give the JDB time to reach out or vice versa before the hearing. My plan however was to file my Answer today. I planned on waiting a week or so then filing my MTC along with the CC agreement and affidavit (stating it is indeed the correct agreement to best of my knowledge). However, what I was confused or more so worried about was the fact of filing my Answer without a copy of the CC agreement. My affirmative defense is the said Arbitration Clause in the Agreement but the summons did not include a copy (of agreement). I had to get on the CFPB and get it . That said I just wanted to make sure it would not bite me that the lawyer for the JDB nor judge have a copy to verify I have the right to use that as my defense in my answer. Im assuming Im over worrying and making it more complicated than I need to.
  7. Jbrown

    Curiousity

    In my answer obviously my affirmative defense is the arbitration clause in the cc agreement if they didn't provide a cc agreement and I don't plan to until I file my MTC can that contradict my defense in my answer until said MTC is filed? I plan to file my answer today. So i want to make sure all my ducks are in a row and that if I need to include a copy in there of the cc agreement I do.
  8. Jbrown

    Curiousity

    I have combed well through it and it seems I can file them together if I chose to. I do believe in the process I am supposed to write the Petitioner (JDB lawyer) a letter letting him know I am electing arbitration and requesting a dismissal ... is that required? I would think that is giving him the chance to dismiss it without prejudice which I dont want...
  9. Jbrown

    Curiousity

    I did get them from the CFPB site. I appreciate your help greatly. Do I want to submit my answer and MTC all at once or submit my answer go to the hearing and show up with my MTC copies then? I have seen different advice on that. However, one post I read filing them together might help get it dismissed with prejudice by forcing their hand .... The excerpt I am talking about is down below. Any advice on the best way to go about things and topics to cover would be appreciated. This is all so new to me overall. I did see that Jefferson Capital Systems does have a number of complaints with the BBB and the CFPB. Do you know where on here I might find a sample affidavit to go off. I have found a few on the web and not sure beyond saying that I believe the information I am setting forth to be true and correct to my knowledge what facts of statement I would need to insert. When you are sued, you are required to answer the lawsuit within a certain time-frame. That time-frame is different for each court, according to the rules of that court, but a general time is between 20-30 days. In some courts, you are allowed to file a Motion in place of an answer. However, in this thread, I suggest filing an answer WITH your Motion to Compel Arbitration (MTC). This is not a requirement, but it may change this one element in your case: Filing a MTC only (in place of an answer) allows the Plaintiff to dismiss the case without prejudice on their own before the MTC is ruled on by the judge. However, if you have filed an Answer AND the MTC, most courts do not allow the Plaintiff to dismiss the case on their own and they would need to get your cooperation to file a joint stipulated dismissal. When that happens, you have the right to tell the attorney that you will only agree to a dismissal WITH prejudice (and this permanently puts an end to your case and the alleged debt too). on here
  10. Jbrown

    Curiousity

    How do I know precisely which credit card agreement to use. They did not send a copy in their summons. They literally only sent affidavit of account, assignment bill & sale, and bill of sale creditor or acquirer, a statement from 11/07/17 with the same amount they are suing for listed, than the affadavit of non-military service. But I have found two different agreements from Web bank (fingerhut) one from 10/3/2017 and one from 3/29/2017...so would I use one of them or would I need one from 2018? Sorry confused newbie.
  11. Jbrown

    Curiousity

    I have been reading more and more where JDBs are following through with arbitration. I was curious if anyone had any insight as to why they are following through with it so much more as of late....since they are actually losing money in the process between fees and retainers. Have to file an Answer for a summons from Jefferson Capital Systems with the OC being Fingerhut and am starting to wondering if arbitration might do me more harm financially than helping. The debt is under $1100 with the fees accrued. Any advice would be helpful. Thanks in advance, I am a newbie so I apologize in advance.
  12. One complaint two counts. First being citi and the second being synchrony.
  13. Also I know each count needs responded to separately but do I need to file the answers separately as well as file for arbitration separately? As if treating them as separate lawsuits. Overall I'm over analyzing the composure of all this worrying about leaving things out and really have no idea how to go about the composure of it all.
  14. An answer where someone asserts the intent to file for arbitration. I've yet to come across someone mentioning in their answer. I've seen it mentioned plenty of times and sample answers where people haven't filed for arbitration but never in conjunction.
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