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About Racinghart03

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  1. Does the MTC get filed at a hearing or in response to being served with the suit by entering it as a response to the suit? I am guessing worst case is I have a court date where I would then file the MTC.
  2. @fisthardcheese If memory serves me, another member had really good luck following your advice and set the attorney up with an real deal JAMS case by when the JDB filed suit AFTER a demand for arb was sent. Worst case is they try and sue me in Civil and at that time I file the MTC for arb. Yes no? One other thing..If I initialize the arb, I choose JAMS, I know you favor them for a few reasons. If they file, they will probably choose AAA. Any thoughts there? Or do I exercise some poise and wait to see what their next move is?
  3. @fisthardcheese So seeings as NJ state max for Small claims is 3k...over and above up to 15k is a Special Civil Part...small claims is not an option unless they are willing to take a MAX payout of 3k?
  4. @fisthardcheeseHow can I determine if they can sue in NJ small claims over an agreement that is governed by South Dakota law? That is the question that really drives my next move. Would the JDB pull the case from this attorney and reassign it to one in South Dakota?
  5. @fisthardcheese NJ small claims has a max of 3k. It would need to be filed in Civil unless they were willing to lose a large portion of what they say I owe. I was worried that South Dakota law, where the agreement states it is governed, by has a max of 12k and they could sue in NJ for the amount allowed in South Dakota. That's a big difference! I know you err on the side of aggression which I agree with. Would the JAMS filing be for some violation of FDCPA perceived or otherwise? The Card Member Agreement states that if I initiate the arb, I am responsible for the filing fee. I could swing the 250 if I need to.
  6. It would be worth it to me to pay the 250 Jams fee now if that gives me the leverage out of the gate. They would probably counter I am guessing, offer the 10% with an agreement that says that no legal action whatsoever can arise in the future over all or any part of the debt in question. I would drop the arb case at that point with that agreement. I did like @fisthardcheese 's theory about having a bullet in the chamber if they sued AFTER I elected arb. I can swing the 250 to file. Or should I wait and see what they come back with? And lets say they DO file arb with AAA. Can I still fire back with JAMS? Or do I need to counter with AAA? Aside from letting me know they were representing Cavalry, and responding to my DV request they never mentioned anything about court or suing or arb. I certainly do not believe they would not be working on it without telling me. Just a side point.
  7. Sent the election for arb in (their reasons or mine with no mention of a violation). I prefer to keep the matter out of court if possible. Would filing first for any violations be a wise move at this point? I know @fisthardcheese suggests this route most of the time. Would be able to choose and lock in JAMS as both AAA and JAMS are options? Or do I wait and see what their next play is? While a mutual walkaway would be ideal, I would not be opposed to a small settlement in a few months. I have heard the most these JDB buyers pay pennies on the dollar for these debts. Even if I offer 10% of the debt they claim I owe, it would be worth it to me to make it go away. Thoughts?
  8. @BackFromTheDebt....Just realized something....Card Agreement says South Dakota laws govern the agreement, does that mean if I am sued in NJ by a NJ attorney that the small claims limits in South Dakota apply, or NJ???? Will the case be tried in SD?? This really matters! SD has a 12k small claims amount!!!!! NJ has 3k.
  9. @BackFromTheDebt From everything printed I can only deduce small claims is up to 3k or 5k if it involves a tenant security deposit. That rules out small claims for a suit as the debt is higher than that. Short back story, I was ruined financially by my divorce 5.5 years ago..hence this issue. I have since rebuilt somewhat. Credit at the time was 550. Down from 770 before the bomb went off. I am up over 730 again and have gotten loans and leases and made all payments. I do want to get a house in the next few years so there is that. I like your theory about at least letting them know I would demand arb first. The only drawback I see is that they could probably pursue arb quicker than a court case at this time. Does it not also put them in a less advantageous position if they violate the agreement AFTER I demand arb? Or is the outcome the same...court with a MTC arb anyway? I just thought having them go against the demand (which I am entitled to as per the agreement) sets them up for a direct violation I can file with JAMS. Or can you file with JAMS over just about anything as the purpose is to cost the JDB money over the long haul and get a better settlement and not necessarily win the arbitration? I am sure over the next six months or so I will be able to settle with something. Just at the MOMENT, no can do.
  10. Thank you @BackFromTheDebt. I will draw this up tonight and send it CMRRR tomorrow. If you have any other thoughts before then please let me know. Am I correct to understand I can file the MTC even in the event the suit has already been filed? How likely would having a suit filed less that 30 days after they sent me the requested verification of the debt? I am currently more than 30 days after the INITIAL contact from the attorney but since the first contact, I am less than 60 days total. Lastly, by sending my letter electing arb I am running block on a court visit, but in the event they beat me to it, I can still file the MTC later, it would just need to be done in court in the event they sue me in Civil correct? I am trying to have my ducks aligned to the best of my ability before I fire away.
  11. So this? @BackFromTheDebt Re: Account Number:123456789 To whom it may concern, Please be advised that as per the Card Member Agreement provided to me by your office, I hereby elect arbitration for any and all disputes concerning this debt.
  12. @BackFromTheDebt Will this suffice? If they choose to arbitrate, my max out of pocket as the "consumer" would remain at 250.00 and I would still remain the "consumer" yes? And since the original request for DV did not specifically state that I disputed the debt (My mistep), Should that be added? Re: Account Number:123456789 To whom it may concern, As per the Card Member Agreement provided to me by your office, this is a letter of demand stating any legal action taken by your firm in reference to the aforementioned account be filed with one of the approved arbitrators listed in that agreement.
  13. From the NJ small claims FAQ. The Small Claims Section of the Special Civil Part Court is where you may sue a person or business (the defendant) to collect a small amount of money that you believe is owed to you. Since procedures in Small Claims are simpler than in other courts, persons usually can file and present their cases relatively quickly and inexpensively, and often without an attorney. The following answers to frequently asked questions explain how to file a complaint or an appeal, and gives general information about Small Claims in New Jersey. Small Claims is one of three sections within the Special Civil Part Court. The other two sections are Landlord/Tenant and regular Special Civil Part. Small Claims handles cases in which someone wants to sue for not more than $3,000 or $5,000 if the lawsuit is based upon the return of a tenant's security deposit. These are the money limits of Small Claims. If the amount of money you are trying to recover is more than the small claims money limits, but less than $15,000, your case should be filed in the regular Special Civil Part. Cases in which damages (money you are suing for) are more than $15,000, your case must be filed in the Civil Part of the Law Division of the Superior Court. If you believe you are entitled to damages greater than the money limits, but still wish to sue in Small Claims, you give up your right to recover damages over the money limits. The additional money cannot be claimed later in a separate lawsuit.
  14. My debt was sold by CITI to Cavalry Portfolio Services. The attorney sent me the bill of sale. So am I arbing with the OC or the JDB? I am watching the NJ bill which has changed in number but is basically the same in context. If it passes collectors have their hands tied for a while. When my divorce went down my credit went to hell. I remember seeing a 545. Over the years and WITH this derog on my report I am back up around 740. If this was pre-pandemic I would probably have been able to swing a payoff. Over the past few months with less than half of my income, at the moment, a payment upwards of 50% of the 13k they say I owe would be impossible. Another small caveat...the agreement the attorney sent has AAA AND JAMS listed. On the Citi site, only AAA is listed. Which do I run with? I thank you again for you input @BackFromTheDebt