WhoCares1000

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  1. Also, the business debts are not eligible for the reduced arbitration rates so you might want to be careful with those (or aggressively settle those first).
  2. For Synchrony, either settle or wait until they sue you. They have a great arbitration clause and even if the Magistrate Court does not accept it, you simply appeal to the State or Superior Court who will know about it. As for Citibank, that depends on if the amounts due are low enough to be in Magistrates Court. If they are, then you might need to consider a preemptive strike with arbitration. If not, then wait for those to be filed too.
  3. Discovery is simply finding out what evidence the other party has for the case. It would probably apply eventually but at this point, just get the case filed.
  4. No because there is no need to until you are served. Just watch to make sure they don't try alternative service. If they try that, then file you answer. You gave them your correct address and they still cannot figure out how to serve you (or they are waiting to see if you follow through with the agreement). That is on them, not you. Be ready to file an answer however if you do get served (or they try alternative service).
  5. OK, first off, if you have not been served, they cannot go on until service is effected. However, they might be able to so what is called alternative service so keep a watch on the case and when they do that, that is when you mount your fight. Second, JC Penny going bankrupt does not matter because they were not the holder of the account, Synchrony Bank was the holder of the account and they are still active Third, between the last charges and interest for the past 4 years, it would not be surprising that the amount has reached $2300. Fourth Synchrony Bank has a very good arbitr
  6. Looks fine to me as a layman (I am not a CA lawyer or resident). It really should not matter once the check gets delivered and goes through but you have to do it to protect your self from any shenanigans.
  7. I am not sure about California rules so you need to review those but yes, whoever effected service will fill it out and file it with the court.
  8. There is a thread in the "I need a lawyer" section that discussed dealing with cases in California. I suggest your read that. As for the allegations that you deny, all you say is "The defendant denies [Allegations being denied such as all allegations in the First Action] and demands strict proof thereof." You do not have to get all wordy and write a huge work on this. Just one sentence. Simple and sweet.
  9. Wife or friend, anyone usually not connected with the case. I would prefer friend so as to avoid any relation issues.
  10. Yes, you keep the original and make a copy to return to H&H with the check.
  11. That is a good agreement. I would send out the first payment ASAP. Make a copy of the agreement, get a bank check, staple the receipt of the bank check to your copy and send the actual check with a copy of the agreement signed by you to H&H Certified Mail Return Receipt Requested (CMRRR) green card style. The Post Office can help you with that. When you get the green card back, staple that to your copy of the agreement. Do the same thing with the 2nd payment. Now I assume you have not been served yet. I would continue to prepare for lawsuit so that you can file an answer when you are
  12. You fill in the entire form. In the admit box, you admit to the stuff that you are not fighting, usually your name and address. In the deny box, you deny any thing you did not admit. In the affirmative defenses box, you put in "Accord and Satisfaction." Since you are sending proof (documents) with your answer, you will have exhibits. Each document is a different exhibit so you should have 2 at this time (the agreement and the bank check receipt). Therefore you attach copies of each. You create 3 copies and take them all to the courthouse to have them stamped. One copy is kept by the court
  13. You use the form that I posted earlier in this thread. When you fill it out, in the part where is says affirmative defenses (3rd large box down), you put in "Accord and Satisfaction" that the parties came to a settlement and you include a copy of the settlement letter and a copy of the bank check.
  14. Your right, you are going to do what you want to do and no one can talk you out of it so my response at this point is good luck. I do have to ask a favor however, win or lose, please do come back and tell us the results.