Public Enemy

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Everything posted by Public Enemy

  1. 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.
  2. 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
  3. 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.
  4. 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
  5. 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
  6. 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.
  7. The cardmember agreement they sent was for a Harley Davidson credit card. Is that the card you had?
  8. 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?
  9. 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/
  10. 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.
  11. As long as it is now not past SOL they can sue again. Why was it dismissed the first time?
  12. 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.
  13. Huey Pilot must be on vacation as he hasn't visited the board in a few weeks but he made it sound like once you were in the ADR system there was no getting out of it. Once you go through the system, and get your automatic loss, you can appeal de novo. I tried to post the appeal notice here but the formatting gets messed up so I will PM it to you.
  14. BOA took JAMS out of their agreements sometime in 2004 and all arbitration out in 2010. I believe there was a survivability clause so arbitration may still be possible.
  15. In 2009 or before? You can get a copy of your credit report for free, once per year, at AnnualCreditReport.com and see what is shows for the account. Citi took arbitration out of their agreements sometime in early 2010 so I am looking to see if you had your account before that time so the arbitration clause still applies.
  16. Are you sure that you didn't have another Chase account? Or an account with XYZ bank that was bought by Chase? You can get a copy of your credit report for free, once per year, at AnnualCreditReport.com and see if there is an account that matches the one they are trying to collect.
  17. You have 30 days from the date you were served so take a deep breath and relax. IMHO for $750 they will not put up much of a fight so take the time you have to learn the steps of fighting this and you have a very good chance to prevail. Try and find the SD court Rules for Civil Procedure and it will tell you how to fill out your answer. In general, most people admit their name and location and deny the rest. Some state allow a "general denial" so again your court rules will let you know if that is allowed.
  18. How much are they trying to collect? When do they claim the account went into default?
  19. Here is my 02 cents on the matter of throwing everything up against the wall to see what sticks. DNG is a small firm that has lots of cases. They really really want to settle. How many calls from Jan at DNG have you had? What you want to do is make it known they are in for a fight so they will settle at terns you can live with, if you were so inclined, or give up on the case because it is going to cost them a lot of time and money to take it the distance. Throwing in every affirmative defense possible, which most of us did the first time, just makes them think you are going to be an ea
  20. Huey Pilot has gone though all this but has not visited the board in a few weeks. It would be a good idea to search out his posts and read them all. Oregon mandatory ADR system is much different than most of the country uses. You could file for Arbitration right away and then Motion to Compel and hope the judge does not send you to ADR first.
  21. I would have applied for arbitration in JAMS or AAA before filing the answer. Even then they may make you go through ADR. If you do go through ADR and lose you can get a Trial de novo (a do over in real court) but it will cost you $300 I believe. Then you can file for arbitration if you wish or fight it out in court. I will notify @Huey Pilot as he is from OR and has gone through this with DNG before and won.
  22. I'm not sure how this works with you being in CA and being sued in LA. I would file for arbitration right away with either JAMS or AAA depending on when you opened your account. Then notify the attorney by fax and mail CMRRR. Let them also know you are not a resident of LA. Demand they withdraw their MSJ and stipulate to a stay of the case pending the outcome of the arbitration. If they don't, file a Motion to Compel private arbitration with the court.