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Phillio9

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Phillio9 last won the day on August 1 2020

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    Myrtle Beach, SC Horry County

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  1. Thank you- I will keep you posted. I sent my answer to the court denying everything. I’ll wait for next action and then mtc arb.
  2. Thanks everyone- you guys are the best! I’m going to file my answer tomorrow. I’m prolly going to file mtc arb right after. I expect a settlement but want it to be 2k if possible. I’m pretty stretched right now. Idk what to expect from them.
  3. So whatever happened? I had clarkson file on me last summer for a synchrony debt. I elected arbitration and sent the demand forms. They dismissed with prejudice. Good luck to you.
  4. Back from the debt- im not sure how to respond. There wasn’t an attached answer sheet in which to respond. Should I reply with a notice of arbitration election, copy of cardmember agreement and MTC arbitration? What would you do?
  5. Ok, thanks. So, you feel it’s unlikely that if I elect jams and they have to pay a good bit that they will keep fighting? I was hoping they might not think it’s worth it. 🤷🏼‍♀️
  6. Hello all, I was served yesterday and have 30 days to reply. However, there was no sheet attached with questions. The court case listed online says ‘pending/adr’ (alternative dispute resolution?) Does that mean they already opened arbitration because I was considering jams. Thank you in advance. Also, the attorney is located in a different city and my response is to requested to him, not a court. I can’t find any court info (State of SC court of common pleas). Something seems odd. Please advise. 1. Who is the named plaintiff in the suit? American Express national bank/centurion 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) parnell and Parnell 3. How much are you being sued for? $5300 4. Who is the original creditor? (if not the Plaintiff) American Express 5. How do you know you are being sued? (You were served, right?) served and posted online 6. How were you served? (Mail, In person, Notice on door) At home 7. Was the service legal as required by your state? I’m not sure but it did not require a signature Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? nothing yet Maybe motion to compel arbitration 9. What state and county do you live in? Horry county SC 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) like 2 years ago so still in sol 11. When did you open the account (looking to establish what card agreement may be applicable)? 2015 12. What is the SOL on the debt? 3 years.
  7. I think the Atty is responsible for contacting the court to have the case dismissed. Remember, I don’t have another court date scheduled. The judge said that the Atty was to update him within 30 days on the status and make sure we both agreed to arbitration. Today JAMS emailed us and the Atty said the do not wish to pursue the arbitration or court. Do I need to have an agreement from them to dismiss or is my correspondence enough. Thanks.
  8. Today I found an email from the attorney’s office stating: “My client no longer wishes to pursue this account through the courts or through arbitration. Thanks.“ now what? Do I forward it to the magistrates court? Confused as to whether or not it’s really over...?
  9. Yes, the judge stayed. It is my understanding that the plaintiff will have to file an update with the judge in 30 days per the clerk- she said I don’t have to contact the judge. I received no signed order. I’m mailing everything out tomorrow (Atty letter and JAMS ppwk). Do I need a signed judges order for the arbitration for JAMS? Thank you so much.
  10. UPDATE-- Monday 7-13 Hearing in Magistrate's Court. Atty for Midlands appeared and had made settlement offers with everyone but me. We went up before the judge at the very end and the atty presented his evidence regarding the case- statements, correspondence from synchrony, bill of sale- etc. When the judge asked me to speak I advised that I did my research and was able to locate the cc agreement outlining the arbitration clause. I stated that I would like to move venues due to this and provided an election to arbitrate letter for the plaintiff, copy of card member agreement and affidavit, a motion to compel arbitration, and the demand forms for JAMS. The judge looked at the atty and asked 'what say you?" He requested to see the agreement and agreed to arbitration provided we have a time frame to do so because he was concerned that I may not follow through due to parties in the past doing so. The judge ordered 30 for this and we agreed. The judge also said that he would continue this case until we are resolved in arbitration. He did not ask to see my docs, he did not set a future court date either. I am confused about this bc it contradicts a lot of what I have read on here. What are my next steps-- I was thinking of sending the atty's office my letter to elect arbitration via certified. Filiing JAMS today. Calling the clerk of court to see if I need to file my documents there. Please advise me what I need to do as there are so many knowledgeable people here who have been so helpful. I'm confused. I don't feel resolved yet. @Harry Seaward @Brotherskeeper would you guys mind sharing your thoughts. Thank you
  11. Update- I filed my response with the court denying the plaintiffs claim. It was only a couple of questions. Now, I have prepared my letter to elect arbitration, affidavit of cardmember agreement, cardmember agreement copy, mtc arb, and jams demand forms. Anxiety is starting to set in. This is in magistrates court where you have to answer the complaint first before filing a motion. Was I supposed to mail the Atty my letter to elect arbitration first and then submit my answer on the complaint to the court (I elect private arbitration per cardmember agreement) and used this as an absolute defense. HELP! will the judge still hear my plea?
  12. Just to be clear- I am stating on every question that I wish to seek arbitration/ motion to compel arbitration per my credit card agreement..? I do not have to actually answer the questions specifically, or do I?
  13. Hi Everyone, and thank you for your help. I contacted the court and they said I can just write on the questionnaire that was included in my summons packet. I had to ask twice if that was ok and not to type it up. Now, I found a copy of the cardmember agreement to include with my paper and it discusses arbitration. Should I also file an affidavit saying that is my credit card agreement and have it notarized to include with my response- or do I wait until court for that? I am going to mail this in by tomorrow. Please advise. Thank you.
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