Public Enemy

Members
  • Content Count

    395
  • Joined

  • Last visited

Community Reputation

57 Excellent

About Public Enemy

  • Rank
    Impressive 100+ postings

Profile Fields

  • Location
    WA

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  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
  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 se
  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.