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Mimi-to-8

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  1. You need to file your Answer to the summons. Deny everything except your name/address. Please research your rules of civil procedure so you understand proper court rules for your court. You do NOT want court appointed ADR! Send a letter CMRR to Chase's council formally electing contractual arbitration. File a Motion To Compel Private/Contractual Arbitration. Include an Order for the judge that requests Plaintiff initiate said private arb. Include contract arb clause and "election" letter. I believe an OC will have the goods to win in court. You have a better chance in arbitration and if nothing else you will cost them $1000's in arb Research example motions, orders, etc. I also suggest if you choose private arbitration, you should read up on it on debtorboards dot com.
  2. No offense but to clarify the Statute Of Limitations (SOL) issue. The question should be how long since default (last payment)? Not how old is the debt which could be misunderstood by new members as how old the account is. You need to know how long it's been since your last payment. The 1st month you skipped paying is your default time. Figure if the 3 yrs SOL has passed. If you just received a "dunning" letter from the atty, you need to send a DV (dispute letter with debt validation request and arbitration election) within 30 days. Keep it short and simple: "I dispute this alleged debt. Validation is requested. Phone calls are inconvenient at any time. Please correspond by mail. BTW, if there is an arbitration clause in the alleged contract, I elect arbitration for any/all disputes." Send this certified mail return receipt. Keep all paperwork for your records/proof. Check their dunning letter for any violations of your rights. Research FDCPA, FCRA etc. so you know your rights if they violate. This will build your claim against them. Research as much as possible. Arbitration could be a strategy if you are dealing with the OC (original creditor) because they are more likely to have proof against you than a JDB would. I suggest researching arbitration on debtorboards. Research and fight!
  3. Background: Alleged account defaulted early 2010. Discover charged off. 1st dunning by Encore Receivable Management for "Discover Card" which provided the last 4 digits of an account number. Sent DV with arb election promptly. ERM never validated. 2nd dunning by Northstar Location Services, LLC for "Discover Products" which provided the last 4 digits of an account number. Sent DV with arb election late January. NLS has not validated yet. Today I received a letter from "Discover Financial Services" stating they have been made aware of my dispute. They say in order to assist with their investigation, they request the following information: * A copy of my driver's license or an official document containing my signature (yea right, do they think I'm stupid?) * A detailed letter including any documentation to substantiate my dispute (WTH?) Questions: 1. Should all the different creditor "names" cause a red flag? 2. Should I respond in some way to this request from DFS Services or ignore? I need to check my CR to see if OC or JDB is reporting but I can't afford to pay for them right now. I have already gotten my 2 free copies due to a lawsuit/arbitration with another creditor. Thanks for any ideas!
  4. Are you a member of debtorboards? You need to go read trueq's post titled: "A got a ton of cursed 1099-C's today" It is in the "Arbitration" category on page 2 or 3. There is a lot of good 1099c info in this thread that I was not aware of!
  5. Go to the post office and get them to pull it up, print, and sign it for you. It should not be an issue. It's not your fault the postal worker didn't do their job correctly.
  6. Charged Off does not mean the debt is gone or not owed. It is just OC's bookkeeping. On arb initiation form just put some basics in such as: violations of FDCPA, FCRA, State Consumer Protection Laws, emotional distress, etc. Depends on what violations you have against them as to what you list. For the amount of damages sought, just put a figure like $50k or something. This is enough info to initiate. Then start working on your formal complaint. Format it like a court complaint. I have some samples from trueq if you PM me your email I will send them. Are you a member of debtorboards? If not, you definately need to read the arb info & threads there!
  7. Mine was completely unsigned. No name whatsoever. I would think if you had a typed name for the signature AND the wording "at this time, no attorney has personally reviewed your file blah, blah" that would be even more confusing. This is a violation of FDCPA & GA Fair Business Practices Act & GA Uniform Deceptive Trade Act.
  8. I got this info from trueq. It walks through FDCPA so you can easily grasp it. Chuck full of case law, FTC opinion, etc! I used the part about law firm letter head because my dunning letter was unsigned by an attorney. Full link at bottom. http://www.edcombs.com/CM/Custom/8art.new_4.pdf
  9. Look at the FDCPA link I sent you about law firm letterhead! Violation. Violation. But if you do not have proof of sending & them receiving DV, it may not stick.
  10. Violations for a claim would be like if you elected arb before they sued. You would have breach of contract. If they sent dunning letter that "overshadowed" or left out the mimi-miranda etc. harrassing phone calls that you have proof of. Their continued litigation after you elected arb is breach also. Have you gotten a hard copy of your credit reports? Look closely at all dates, amounts etc for FCRA. I sent my court order to initiate arb along with my initiation. I claimed they filed suit on an unvalidated debt, they continued collections after I DVed, they called after my C&D, they continued litigation after I elected arb etc. It's ok that you have a lawsuit. You just don't want to mention the debt for them. Let them counterclaim it.
  11. I saw your post on DB after I directed you to go there. If you want this to move forward, go ahead and file an arb claim. Preferably in JAMS not AAA. However, even in AAA the first bill my OC got was $1775. I had requested AAA ask OC to advance my fees as per the contract. This first arb fee of $1775 is practically your alleged debt amount. It would be crazy for them to pay it. My alleged debt amount is $10k and it took them 4 months to pay the fees. I believe JAMS first bill is $800. More due shortly after to proceed. I'm sure you can come up with something to use as a claim. Research your state consumer laws. Did the CA and/or law firm not do anything wrong during collecting? When you file your claim, you do not want to mention the debt. My arb claim consists of violations during collecting plus wrong doing in the court lawsuit. Also mental distress. You do not have to be very specific with the initiation. Put something like $50k for the damages. Then see if they pay the arb fees to proceed. In the meantime, work on your formal complaint. Keep us posted!
  12. Good job getting your case stayed by using arbitration! It is a battle win in the war! If you had not done this you would almost certainly have gotten a SJ against you. As for your questions: I would just serve the OC council. They are representing/working for the OC so let them do their job informing the OC about the court order to arbitrate. If the court order states Plaintiff or Defendant is to initiate, you have 1. gotten the court case stayed, 2. taken their litigation rights away, 3. have NO time frame to do anything! It doesn't get much better! You can sit back and do nothing. If Plaintiff ever tries to re-open the court case, you can argue that it was their claim and you were waiting on them to file in arb. If they try to initiate arb, get accepted, pay all the fees, and proceed, you can deal with that at that time. I'll let other more experience members comment but I think you are in a fantastic situation!!! You may want to post your info on debtorboards arb section also.
  13. CONGRATULATIONS!!!!!!! Awesome job!!! I do have a question, if you don't mind, since I am in the middle of all this with an OC. You wrote: Would you mind sharing the other 3 elements to a contract?
  14. I second what skippy said. I knew nothing about court or arb when I was first contacted by a collection law firm months ago. From a lot of research and lots of help from experienced members here and on debtorboards, I was able to get my lawsuit moved out of court(public) and into arb(private) with a letter electing arb and then Motions in court. I was forced to use AAA due to the contract language. I prefer JAMS when at all possible! In my case, the creditor received a bill from AAA of $1775 to just start arb. They refused to pay this by the deadline so their case is essentially dead. The arbitration strategy has been a great tactic for me. I agree that this works best with JDBs and smaller debt but it has worked for me against the OC and a $10k+ debt. Research, research, fight, fight!
  15. Congratulations on a job very well done!!! I am in GA also and really appreciate you sharing your story! GO DAWGS & MUSTANGGRRLZ!
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