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Everything posted by alwayswinning36

  1. I understand what you are saying. They just went on with filing suit for the money rather than contacting you. I am not sure if you requested validation at this point if it would be a violation or not since they never contacted you about the debt and you only became aware they "own" it when you were served. I suppose you could admit you had the account. You may have to either way. I found this site https://www.solosuit.com/posts/155 that explains a little about answering in Oklahoma. I live in Texas, though. In Texas general denial is sufficient, it may not be in Oklahoma.
  2. Don't know why you would be excited. They are asking if you have a settlement offer basically is all they are doing. So now you negotiate. If you have any counter claim that would hold water bring that up. Is this in court? You were asked by fisthardcheese if you were sued and didn't reply. So not sure what "case#" implies. I would assume you are being sued?
  3. To clarify I only meant treat it as if it is still in court in terms of who you contact. if you were in court you would be obligated to contact plaintiffs attorney, not the plaintiff directly. I should have made that more clear in my most recent reply.
  4. I would treat it as though the case is still in court, and contact the attorney directly just to be on the safe side. You could email the attorney for the plaintiff, if you have their email address. That is what I did.
  5. So you never filed a motion to compel arbitration and the plaintiff didn't ask for arbitration under the terms of the agreement? You will have to research the laws of the Court that your case if filed in. Court clerks are generally restricted from providing any information that could be construed as "legal advice", which includes sometimes even answering a simple yes or no question you may ask. I agree with earlier post, you definitely want to go the route of the arbitration as applicable in the agreement. This may result in you having to file an answer as well as a motion to compel arbitration. I am not familiar with the laws in Illinois, but you may already be outside of your time to do either file your answer or a motion to compel.
  6. What I did in a situation like this was sent a copy of the credit report entry by the plaintiff to the plaintiffs attorney. Not saying it is what you should do, but I was able to get them to dismiss their case that way. It could be misrepresentation of the debt, if it is on your consumer report and being provided to other creditors. You may want to run that idea by an attorney to be sure.
  7. I could look for the post in particular, but someone had the same issue, I think with Old Navy. On the last page of the agreement, for another retailer card, it stated Synchrony also had the same for different retailers also. So long as you find one close, that says that on the last page and includes PayPal, and/or the specific type of card account you had, then that will likely be the applicable agreement.
  8. Oh I understand about the Me part then. I thought you were going to file it that way. I would enter a general denial, which denies any and all allegations without going the way you are. of numbering anything, or admitting to anything. You don't want to admit anything in your answer, not pertaining to the debt. As for the credit card agreement, yes, you want to file all 15 pages of the agreement, in its entirety and also want to highlight key parts of the arbitration agreement, in your affirmative answers. There are some good threads about motion to compel arbitration on this site. When you say the plaintiff failed to validate the debt, did you request validation within the first 30 days of receiving notice of the debt? If it was not done in those 30 days, then they legally aren't required to provide you validation later on. Some will still do it, if you request the validation properly, but they aren't required even then to do so if you made the request or demand outside of those 30 days of receiving notice of the debt. If you want arbitration you don't want to participate in litigation. If your court allows general denial, general denial is the way to go.
  9. Is general denial not considered a sufficient answer in Oklahoma? I would not use what you have so far, for sure. You want to name yourself, after Defendant, (your name), Pro Se, not the way you currently have it, Defendant, "me". This looks like you are hinting at discovery, which implies you are participating in the litigation. Therefore, filing this, would likely result in you not even getting a Motion to Compel Arbitration looked at. Your dismissal request, would go at the end, or near the end under what would be "Prayer for Relief". Not in the answer section. So essentially, if general denial is sufficient, language to the affect that Defendant, (YOUR NAME) denies all allegations. That should be in your answer. Affirmative defenses is where you would cite the arbitration agreement. Dismissal request would go in the Prayer for Relief. Prepare and file your motion to compel arbitration when you file your answer, if allowed by the Court. You want to follow your Court rules.
  10. You will have to check the archives. Probably Q4 of 2018, or Q1 of 2019, I would imagine for the agreement that would probably be presumed to be the applicable to your matter. Calling without consent. This is the caveat here, did the original creditor in your case have the same number you say the buyer is calling you on without your consent? If it is the same number you had when you were in good standing with the creditor, then your consent to that creditor extends to the collector, assignee, buyer, etc. But apart from this, you would have to prove also that it came from a robo-dialer, if you were wanting to seek damages under the TCPA. If you ever sent them a cease and desist letter, there could be a very small possibility that you could recover damages. Maybe under the TCPA, or both the TCPA and FDCPA, but I would consult that attorney again. Sounds like he was pretty helpful and not just shooting you down. Usually if you sound or seem like you are on the right track they will give you little tidbits more information. They wont tell you exactly how to do it all but will usually give you enough info to make you look at what you need.
  11. You are correct. Only you know what you really want to do and the best outcome you want. But if you do settle, for whatever is agreed to, there will be a written memorization of that. Make sure you keep it. You will need it in case they do file again trying to collect on the debt again, to show that it was already settled.
  12. CFPB website, google "CFPB credit card agreements" and it should be the first link that comes up. Once there you can look for the card agreement. I would lean more toward the one that was in effect at the time the debt was charged off, as the collector or debt buyer will be doing that.
  13. You are on the right track. Right now, there is nothing they can do but wait for the court date, or arbitration date. They won't keep playing games, though. The court ordered the Arbitration by granting your MTC, correct? They act like they are ignoring that fact. I would keep giving much lower numbers. If the shoe were on the other foot and you were suing them they would do the same thing. If they are willing on the first offer to go 65%, then they will go lower. Just as if you refused their offer to pay you $150 on a claim you know you could get $1500 in court for, you'd probably decline their offer and thus they would offer more. I would remind them of the arbitration, it was granted, JAMS contacted them, and they need to proceed that route. But either way, you want to get the dismissal or settlement handles BEFORE the arbitration date comes. If they go back to court having not honored the MTC and order of the court, then they will be in the bad side of things. Without prejudice means they could refile at anytime. However, if you have a settlement agreement and you agree and settle, there is nothing for them to refile. Even if they did, you could use the defense it was already settled. They can't just go back to court and say "nah judge we don't wanna do the arbitration we didn't wanna pay the part, which we are theoretically under order by you to pay, under the terms of arbitration so we are here again". If I am wrong about this I am sure someone else will mention it. I would gather as much as I could from JAMS, in the way of notifications and requests for payment they sent to the JDB, that the JDB ignored.
  14. Well then yeah, in that case. But I mean just sitting thinking I will file the motion to compel arbitration and all from that very point. Way early on. I wouldn't personally imagine that upon filing the MTC it would go all the way to arbitration. Always worth it to dig into things and see if there is any potential counter-claim as well. In both cases of mine there were. And each one, the cost of those potential violations amounted to more than the debt they were trying to collect. I personally didn't give a hoot about recovering any of the damages for the violations. Just wanted it go away and it did.
  15. The motion was granted. JAMS sent the notification to them and requested payment. If they think its just going to go back to court and they are going to admit they didn't do what the court ordered, which is to arbitrate, then they have some serious issues in store for them if they just do nothing and think they will get anywhere going to court later on. If you do send any settlement offer back, do not say I know this debt is mine, I know I owe this debt, or anything of that nature.
  16. I personally am a smarta$$ and sometimes sarcastic. If it were me, not saying you should do this, but if it were me I would email back with "you mean the law suit which was granted a MTC and therefore is in arbitration - that you are refusing to pay the fees for?" You can't just expect them to drop it without some pissing match of emails or calls back and forth. I mean they are hired by their client to make a good faith attempt to collect, after all. Just stand your ground. I have had one flat out email me and tell me arbitration isn't an option because of a small claims exception, after I filed the MTC arbitration mind you, and they still ended up just dropping it. What are the details of the settlement? Agreed judgment without prejudice?
  17. I guess I got really lucky then, in my matters. I did find where it is done, reporting arbitration award as a judgment. Some will knock me for saying it, but also helps to find any viable counter-claims you could push back against the JDB.
  18. Basically the JDB didn't turn any tables, they just said okay to themselves, thumbed their nose and did what they did. The OP didn't think about it going the route it did, I am sure nobody imagined it would go that way. I agree a bad case is a bad case, for sure. I personally would prefer arbitration to avoid a judgment being reported. That is my goal, in instances where I have been sued for a debt. Not necessarily the costs of it or even if I do have to pay the debt, just don't want the judgment on my credit reports. Agreed or default, either way if "judgment" is there, I don't want that.
  19. I don't blame you there. Hopefully they will get back to you soon and tell you how to pay the fee, if you do have to pay it. I wouldn't know myself personally.
  20. Contact JAMS again and ask them if they missed that part of the contract, about paying up to $1,000 of your costs? In either case, I think the most you would have to pay, if anything is the $250. So that is the conclusion I have drawn reading what I have about JAMS, anyway.
  21. Synchrony doesn't have the small claims or equivalent suit exception wording in the arbitration agreement? I tried to find the agreement on the cfpb site, but they don't have one for old navy.
  22. In that case I would just reach out to the attorney for the party suing you. I did that personally myself with a debt buyer/collector and they dismissed everything. All be it they did so without prejudice, but dismissal is dismissal. In my case they and we both knew once they filed any dismissal the SOL was up and they couldn't refile anyway, even if they wanted to.
  23. What are the differences between the agreement at account opening and the agreement their pushing? Usually they try to go with the agreement that was in effect at the time the account was charged off. Might be something to your advantage, possibly.
  24. All I can say is NY has some weird wording for their dismissals. Congrats, on the dismissal, I think?
  25. Ahh, gotcha. I missed that then. I didn't know, or didn't realize maybe he had other threads about this.
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