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Public Enemy

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  1. I seen in a previous post you had a number for an attorney to help fight suttell and hammer? Could I get that info. They served me late with a summons and I replied response to them asking for validation and only sent some of the things requested and months later I still have not heard anything else and nothing else was filed under the case number. I want to know what to do next before I get blindsided.

  2. I would ask for an extension as you just found out about arbitration and need some additional time to prepare your Motion to Compel Private/Contractual Arbitration in JAMS. Send an email and then a letter to the law firm CMRRR asking them to withdraw the case from court and to send you a check for $250 so you can initiate with JAMS. Calvary only paid around $210 for your account and arbitration is very expensive for them. Minimum of $3500.
  3. 43. Arbitration Provision: (a) You agree that either you or we can choose to have binding arbitration resolve any claim, dispute or controversy between you and us that arises from or relates to this Agreement or the Account and credit issued thereunder(individually and collectively, a "Claim"). This does not apply to any Claim in which the relief sought is within the jurisdictional limits of, and is filed in, a small claims court. If arbitration is chosen by any party, the following will apply: (1) NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE A CLAIMIN COURT OR TO HAVE A JURY TRIAL ON A CLAIM, OR TO ENGAGE INPRE-ARBITRATION DISCOVERY, EXCEPT AS PROV IDED FOR IN THEAPPLICABLE ARBITRATION RULES. (2) Arbitration will only decide our or your Claim, and you may not consolidate or join the claims of other persons who may have similar claims. YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS, OR ASA PRIVATE ATTORNEY GENERAL, PERTAINING TO ANY CLAIM SUBJECTTO ARBITRATION. (3) The arbitration will be performed in accordance with this Arbitration Provision and the rules of the chosen arbitrator in effect when the Claim is filed. (4) The arbitrator’s decision will generally be final and binding, except for the limited right of appeal provided by the Federal Arbitration Act. (5) Other rights that you would have if you went to court might also not be available in arbitration. (The party commencing the arbitration may select to use either JAMS or theAmerican Arbitration Association ("AAA") (or, if neither of these arbitration organizations will serve, then a comparable substitute arbitration organization agreed upon by the parties or, if the parties cannot agree, chosen by a court of competent jurisdiction). If JAMS is selected, the arbitration will be handled according to its Streamlined Arbitration Rules unless the Claim is for $250,000 or more, in which case its Comprehensive Arbitration Rules shall apply. If the AAA is selected, the arbitration will be handled according to its Commercial Arbitration Rules. You may obtain rules and forms for JAMS by contacting JAMS at 1-800-352-5267 or www.jamsadr.com and for the AAA by contacting the AAA at 1-800-778-7879 or www.adr.org. Any arbitration hearing that you attend will take place in the federal judicial district where you reside. At your request,we will advance your filing and hearing fees for any Claim you may file against us. If you prevail on your Claim, we will pay your arbitration costs and fees, other than attorney, expert and witness fees and expenses. We will also pay any fees or expenses that applicable law requires us to pay. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9U.S.C. §§ 1 through 16, including but not limited to applicable statutes of limitation, and shall honor claims of privilege recognized at law. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. © This Arbitration Provision shall survive repayment of your extension of credit and termination of your Account. This Arbitration Provision shall be governed by federal law, including the Federal Arbitration Act, and by Ohio law, without regard to its internal conflict of law principles, to the extent such state law does not conflict with federal law or this Arbitration Provision. Notwithstanding any language of this Agreement to the contrary, should any portion of this Arbitration Provision be held invalid or unenforceable by a court or other body of competent jurisdiction, this entire Arbitration Provision shall be automatically terminated and all other provisions of this Agreement shall remain in full force and effect.
  4. They are not required to notify you once you default. I think you will be able to get the judgment voided but am checking some things out.
  5. That looks good. WA Law Help has all the steps and forms need to request the court vacate the judgment. http://www.washingtonlawhelp.org/files/C9D2EA3F-0350-D9AF-ACAE-BF37E9BC9FFA/attachments/392F9214-AA42-AA4E-9C8C-57C2F3069822/9936en.pdf
  6. The only agreement I can find is a current one but that will probably work. https://applications.usbank.com/oad/teamsite/usbank/docs/FR006213482_04_USBSIG.pdf CACH paid around $75 for your account. Taking this out of court and into arbitration will cost them at least $3500 and you will not pay more than $250 and maybe nothing. You can also fight this in court if you want. There are some knowledgeable members here from AZ that can help if that is the way you want to go. There are positive and negative things with either strategy. If you want to go the arbitration route I would send a letter to the attorney letting them know you wish to arbitrate the claim and they should withdraw the case from the court and request they send you a check for $250 for the arbitration filling fee per the agreement quoted below. Also request the complete 7 page copy of the cardholder agreement. Send it by mail CMRRR and also email. They will probably not do it so then on to the next step which is filling a "Motion to Compel Arbitration with JAMS" with the court.
  7. I was hoping you had your copy of the agreement from when you opened the account or sometime after that. If the agreement has an arbitration clause that is a good way to fight something like this. I will search online and see if I can find one.
  8. The cardmember agreement they sent was for a Harley Davidson credit card. Is that the card you had?
  9. Small world. I live in Bellingham. In the letter you mailed did you properly answer by admitting or denying all the statements made in the complaint?
  10. I can't follow this. Who is suing you the OC or LVNV? Can you copy and then answer the questions in this thread? http://www.creditinfocenter.com/community/topic/242744-qs-to-answer-when-posting-in-this-forum-please-read/
  11. I would file a Motion to Compel Private/Contractual Arbitration. CACH paid around $130 for your account and probably don't want to pay $3500+ for arbitration. Junk debt buyers, like CACH, Midland, LVNV are not fans of arbitration because it is very expensive for them and cheap for you.
  12. As long as it is now not past SOL they can sue again. Why was it dismissed the first time?
  13. As I understand it using their contract that includes arbitration does not admit anything on your part. They claim that contract binds the two of you so you just want to use the arbitration clause in their contract. Might as well try and get out of the mandatory arbitration but it sounds like a long shot. If you don't it's not the end of the world.
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