ReclaimMyTime

This link might help:

Get your hands on a copy of your contract between you and Synchrony. File a MTC Arbitration and file your "Answer." Here are some resources on how to effectively write and file both. Arbitration Walkthrough Answer Form for Dekalb County, Georgia (small claims) https://dekalbcountymagistratecourt.com/wp-content/uploads/2019/09/Civil-Answer.pdf Court Proceedings FAQ (Dekalb, County, GA) https://dekalbcountymagistratecourt.com/small-claims-faq/

You and me both. I apologize for not getting back to you sooner. This site isn't working well on Chrome, at least not for me, so I'm using the site on Safari. It looks like we'll be dealing with Velocity simultaneously.

Yes. Be prepared to challenge their standing (ownership of the debt) in the event your MTC is denied.

You have just what you need. There is a MTC template here:

@Clydesmom I'm at a standstill writing my answer. At the bottom where I write a request for the Court, what should I write since I am invoking private arbitration? Here's a sample of what I brainstormed, but not sure if the language is applicable. "Defendant prays that this Court grants Motion to Compel Arbitration or dismiss the Plaintiff’s complaint with prejudice." This is the only thing I need to finish on the answer before I print it out.

Cavalry SPV is suing you. You can call their attorney and offer to pay the debt with a set of conditions: they drop the lawsuit, settle the debt, and provide you with a written agreement stating they will do so prior to you paying them anything. Ask their lawyer if they can conduct the settlement through email to expedite the process. This way, they can email you a written agreement to sign rather than using precious time to wait for a letter in the mail. Do not pay them until after Mandarich or Cavalry SPV and you sign the written agreement. This will be evidence in the case they attempt to sue again for the same account. "Being served with a lawsuit does not automatically mean you need to appear in court. At any time during the response period, you can negotiate with the plaintiff and attempt to resolve the dispute. However, it is important that you keep track of your time-period. Even if you are in negotiations, you’ll still need to file an answer before the cessation of the deadline." - incorp.com Remember, any telephonic discussions to settle the debt can't be used against you in court as an admission of guilt. In your answer, deny any claim you're unsure about. You don't actually know if these people own the account.

Let's take a breather and not stoop to berating others. We are better than that. I appreciate your advice about checking my credit report -- I recently did so on Experian. Also, I found this on another thread which shows you two are in the ballpark in regard to whether or not CR's are hearsay.

Here are some examples regarding pay for delete. You can follow how these individuals did it and pick out what's relevant to your situation. I think this thread will help you:

@Clydesmom You're awesome! You've been blunt yet reassuring. Thank you.

@Clydesmom I have the email OneMain sent me in 2016, but the loan agreement link leads to one of One Main's pages labeled "page not found." I'm sure this means they've wiped all the data from my previously existing account. You're saying I should put: “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter” as my defense? I've read that Justice Court is akin to small claims court here in Texas, so if that contract has a small claims exemption, I don't even want to imagine how bad it'll go for me.

@BackFromTheDebt From what I've seen on the CFPB website, they have a database of credit card agreements, not personal/consumer loan agreements. What a bummer! The account in the lawsuit is regarding a breach of contract i.e. a 2016 OneMain Financial Loan Agreement. 😬 If I could just get my hands on that, I'd be confident with filing a MTC arbitration.

Does anyone know what to write as my Affirmative Defense to invoke arbitration? I don't have a copy of the consumer loan agreement, so the wording provided by @fisthardcheese would have to change significantly. “Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. I cannot state those words verbatim because I don't have a contract to submit with the answer. I wrote the following as my defense instead: "Lack of Subject Matter Jurisdiction. The Defendant has elected arbitration." I can imagine the Judge's face when he or she sees my defense without an attached document to prove my defense. Furthermore, I foresee the Judge will deny my MTC. Relying on the Plaintiff's lawyer to produce the contract on my behalf seems like I'm shooting myself in the foot, no? I only have 12/14 days remaining to file my answer. I'll keep this post updated as I go through this lawsuit. Any tips would help!

@Clydesmom Alright. I went to the OneMain website to retrieve the contract, but it seems the account doesn't exist anymore. I no longer have access to the contract. Even the link they sent via email leads to "page not found." I'll do what you suggested and pray the MTC is granted.

You're suggesting that, despite not having the contract, I should file a MTC arbitration at the same time as my answer? Thank you so much for your help!🤩 I appreciate the honesty and guidance. I spent all of yesterday typing my answer replying to each allegation by the corresponding paragraph numbers because I read some other threads from people who won against a JDB this way. It seems in this particular lawsuit the best thing to do is type in a general denial and invoke arbitration under defenses. I'll do more research regarding that in the arbitration threads.