nobk4me

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nobk4me last won the day on September 13

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  1. If he is capable of appearing in court, singing papers, etc., then maybe arbitration is the way to go. If he needs your help in court, you could probably ask the court if you could do so, but you can't speak for him. If he needs any technological assistance, like being able to type out his responses instead of speaking, if he has a speech impediment, that could probably be provided as well. You should certainly be allowed to sit in the courtroom and take notes. Under the Americans with Disabilities Act, government agencies have to make reasonable accommodations for persons with disabilities.
  2. I would suggest editing this to remove your name and address, and anything else that could identify you.
  3. Normally, arbitration would be the best way to handle this, as Synchrony has has an excellent arb clause. However, this is an unusual situation, as it sounds like your husband may not be physically able or competent to appear in court, which would likely be necessary even using the arb strategy. You can't represent him. Only an attorney can, and an attorney would probably cost more than the debt. You might contact your local Legal Aid office, to see if they can help. Otherwise, I agree with @Clydesmom. Take his name off any bank accounts. Just take the judgment, as they can't collect anything from him anyway. Is he collecting any federal benefits, such as SSDI? If so, you can get a Direct Express account, which is a debit Mastercard, and you can use it to withdraw cash. The only other concern I would have about taking a judgment is, in Ohio, a judgment becomes a lien on real property. And judgments earn interest. This would be a concern if you own a home, and plan to sell or refinance.
  4. I would use JAMS. However, actually filing with an arb forum shouldn't be the first priority. The first priority is answering the lawsuit and filing a Motion to Compel Arbitration. If that is granted, then is the time to consider filing a claim for arbitration. It's possible the case won't even go that far. JDBs often dismiss the case at that point.
  5. Who is the OC? If there is an arbitration clause, then arbitration will be the best way to handle this.
  6. There was a poster here, don't recall who, who used arb, and the JDB walked on almost $18K.
  7. If the OC is Synchrony. arbitration is an excellent option to make them go away.
  8. To test this, I did a number of searches in my local court. I searched the small claims court docket for the most common JDBs: Portfolio, Midland, CACH, Cavalry, LVNV. None had ever filed in small claims court. Others in Ohio can try similar searches.
  9. If they filed suit in 2008, and dismissed, the debt must be out of statute by now. 2008 was 11 years ago.
  10. I would use JAMS, as it's more expensive and has the reputation of being more consumer-friendly. Good job in court, by the way. You stood your ground against a judge who really didn't want to grant your MTC. But the law favoring arb is so strong he had little choice.
  11. BUT: pursuant to Portfolio Recovery v. King, NY will borrow another state's SOL. Barclay is in Delaware, where the SOL is 3 years.
  12. If Synchrony is the OC, then, IMO, arbitration is the way to go. Free JAMS. See more here: