Phillio9

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Everything posted by Phillio9

  1. 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.
  2. 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...?
  3. 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.
  4. 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
  5. 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?
  6. 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?
  7. 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.
  8. Hi, thank you! I don’t have my original pamphlet for the cardmember agreement but I did find the cards agreement online in a pdf file. I will print it and create and affidavit to supply in my response.
  9. I read that $5K I found this: South Carolina law offers a list of exemptions for property, including financial accounts (S.C. Code § 15-41-30). South Carolina requires judgment-creditors to leave $5,000 in "liquid assets". "Liquid Assets" includes deposits, securities, notes, drafts, unpaid earnings not otherwise exempt, accrued vacation pay, refunds, prepayments, and other receivables. So, does that mean they can’t touch my account? I never keep that much, money in and straight out to pay bills. Can they touch my thrust savings?
  10. Right, I got my summons and now I’m ready to respond after some advice. I’ve read up and want to make sure I’m making the best choices. So, is it best to respond with ‘motion to compel arbitration’? From what I understand Midlands is good for not responding to AAA? I’ve enclosed my questionnaire and an affidavit included from midlands from a legal secretary swearing that the account is mine and providing a partial account number. Is that right?? Why don’t they list the entire number?
  11. Hello Everyone, I recently got a suspicious piece of mail from a mediator regarding a pending court case. I googled the case number to see it was recently filed by an attorney from Clarkson and Hale Law office in Columbia, SC (3hours away) on behalf of Midlands Credit Management regarding a Synchrony account that was charged off 1.5 year ago. The SOL in my state is 3 years. Today a deputy left his card at my door while I was at work. Hoping to catch him I returned the call but he was already gone. The department is closed until Tuesday bc of the holiday. I want to get a jump start on this and be as prepared as possible. I’ve never been in this position. I don’t want to pay Midlands bc the account already reflects poorly on my credit and doing so won’t change anything, but honestly I can’t afford to settle right now. Everything is tight. I have never corresponded with them- not taken one call or sent correspondence. I do own my home and don’t want a judgement. My paycheck cannot be garnished in my state but my bank account probably can be frozen. It will be a freaking nightmare to loose my bank accounts. Here is some info: may 7- summons and conplaint may 11- archived summons s/cc/d may 11- summons and conplaint docs they have paid $80 in court fees so far I’m a bit nervous and I do want to fight it. So far, everything is filed in my county Horry. The amount is maybe close to 3670. Please advise on the beginning steps and timeline. I’m literally researching the law threads that may pertain to a beginner like me. Thank you in advance!!
  12. Hello, I’m in the very beginning stages of being sued by midlands credit management. I received a suspicious piece of mail from a ‘mediator’ referencing a court case number. I searched my name in the county records and found it. May 7- filed summons and complaint. May 11- filed summons and complaint docs may 11- archived summons/sccd/ SO, before I begin this journey what does this mean? I understand it is for real. The debt is mine and I haven’t bothered to deal with them. They have spent about $80 in court fees to file. I have NOT been served anything. How long do they have? Do I need an attorney? I’m not interested in settling bc synchrony isn’t going to be involved (original creditor). If they get a judgement, they cannot garnish my wages but I do think they could freeze my bank accounts which is a PIA. The SOL in my state is 3 years and this debt was charged off over a year ago. Please help me with a starting point. I want to be a few steps ahead in the game. Thank you!!