MusicalOne

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About MusicalOne

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    North Carolina
  1. A civil suit was filed against me by OC Barclays. I filed an answer with the court the end of May with general denials and the affirmative defense of improper venue due to the Contractual Binding Private Arbitration clause in the card agreement. I also filed a motion to compel private contractual arbitration with my answer. I have received a letter from the OC’s attorney agreeing to a settlement of the debt for less than the amount in the suit which is agreeable to me. There has not been a hearing calendared with the court yet as I did confirm with the court today. But our county has a mandatory arbitration program for any contested civil action under $25,000 and the arbitration coordinator did confirm she will be sending information for arbitration sometime this week. My question is do I need the OC’s attorney to include anything in addition to what they have already sent in a letter prior to me remitting payment to make sure the pending legal action goes away? Please see the verbiage they sent to advise: “I write concerning the above-referenced account placed for collection. We are authorized to accept $XXXX.XX in full settlement of your account if the funds are received in our office on or before [date redacted]. Our client has not waived any of its rights by making this offer, nor has it suspended any collection activities while this offer is pending. We are not obligated to renew this offer. Your prompt acceptance and payment will settle this debt in full.” It goes on to give payment options and mailing address. Then continues as follows: “This settlement May have tax consequences. If you are uncertain of the tax consequences, consult a tax advisor. Upon receipt of your final settlement payment plus a 15 day waiting period to ensure funds are not returned as non-sufficient, your account will be settled for less than the full balance.” Some additional verbiage about them submitting to the consumer reporting agencies to reflect the settlement. My plan is to pay via mail by cashiers check. Do I need anything additional in writing from the attorney before making payment to dispose of the court case? This is my first rodeo so any advice is greatly appreciated!
  2. Update-I filed my answer and a motion to compel private arbitration. I would like to try to settle with the legal firm representing Barclays prior to court but need some advice on how to handle negotiations. The courts here were just opening back up this week so nothing has been calendared. Any advice is greatly appreciated!
  3. This is my first experience being sued so any help is very much appreciated! I am trying to read as much as I can on the website but appreciate any experience with lawsuits from the OC Barclays filed in NC. 1.Who is the named plaintiff in the suit? Barclays Bank Delaware 2.What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Glasser and Glasser PLLC, Norfolk, VA 3. How much are you being sued for? $4,000+ 4. Who is the original creditor? (if not the Plaintiff) Barclays Bank Delaware 5. How do you know you are being sued? (You were served, right?) Served Civil Summons 6. How were you served? (Mail, In person, Notice on door) 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? None 9. What state and county do you live in? Wake County, NC 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 4th quarter of 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 or 2016 12. What is the SOL on the debt? To find out: 3 years 13. What is the status of your case? Suit served? Motions filed? Civil Action Complaint filed in NC District court have 30 days to respond to complaint. Amount being sued for falls under the threshold for small claims court but the complaint is on a form for District Court? 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. How long do you have to respond to the suit? 30 days We need to know what the "charges" are. Please post what they are claiming. Civil Complaint for Collection on Account. Complaint states defaulting on a credit agreement. Did you receive an interrogatory (questionnaire) regarding the lawsuit? No 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? Affidavit, credit card statement showing a past due account balance 18. How did you find out about this site? Web search