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Found 771 results

  1. I am being sued by Midland Funding and am planning to file a motion to dismiss/summary disposition before I file my answer but am having an extremely hard time finding any forms online to fill out to file for this. Can anyone help? I am finding examples but can't seem to copy the text to modify for my case. ETA: See below for exact details on the case including Complaint and Affidavit.
  2. So I had a loss today in court against PRA, Dallas County court. I asked the Judge if I could MTC arbitration but he basically said my card member agreement was null and void because PRA owns the debt and proved so by showing a purchase agreement. I had a copy of the card member agreement with me but he didn't even look at it, already had the arbitration area highlighted for him. I am attaching the docs I got back with my card member agreement as well. Other members say that its possibly because there is a clause in the arbitration saying the debt can be sold, etc etc. I cannot quote that here because this is a different thread. Attached is the thread I originally posted about the loss. Anyone here have some info I what I can do next in this case? I feel I was not given the chance I should have been given.
  3. Can anyone point me in the direction of how to Initiate with JAMS? I was looking at their website but I see no type of form or anything I can fill out to show I am initiating arbitration with JAMS.
  4. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  5. I'm filling out the arbitration demand. Just a couple of questions (hope not too stupid). Just to make sure. 1) I'm the Claimant and Discover Bank is the Respondent. Correct? 2) It's asking to "Please cite location of arbitration provision and attach two copies of entire agreement." What location are they talking about? BTW, I read Lind7's thread on Stategy of Arbitration. Are there any other good threads I should read?
  6. If down the line I file bk and include a Barclays account after going thru the arbitration process, will it not be able to be discharged because of this section in their cc agreement? Do I try to stay away from arbitration if there is a chance I will need to file bk in the near future? This section has me so confused as to it's meaning. Can anyone give me an better understanding please? This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of the Cardmember Agreement and the Account relationship, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement.
  7. URGENT HELP NEEDED My husband (who I have POA for) was served summons May 2016 for credit card suit Discover Bank c/o Brock & Scott PLLC . Details below: Answers & Affirmative actions filed within 30 days June 2016. He is pro se right now as no income Meditation and/or trial Magistrate Court Ellijay, GA on July 20, 2016 Discover Bank c/o Dorian xxxxxxxxx (his location is Conyers GA but states on complaint Brock & Scott PLLC in Winston Salem address) versus the hubby Question: On July 20 what motions can be filed? Debt amount stated $2,7xx.38 is not accurate as Discover card accepts payments April, May & June 2016 - less than min amount This is first communication from Discover - no prior settlement offers or contacts from collections Letter rec'd from Discover Feb 2016 offering lower interest rate and stated charge off date end of Feb 2016. Only attached to summons is an affidavit from Discover Bank Litigation Specialist, Feb to Mar statement - not reflecting lower interest rate which we accepted or so thought we did via letter. 1. Asked for verification to attorney when we received summons - not afforded to prior as we did not know it was in collections - asked second time with answer - NO REPLY 2. No cardholder agreements or anything else. Q: I believe we can request Motion to Dismiss? OR Motion to Comple Discovery? OR Strike Affadavit of debt? OR Motion to compel Arbitration? (JAMS) Should we present arbitration request at mediation followed by trial...Very confused! HELP We can not afford an attorney to assist us due to very low income and no resources to borrow money for attorney. Please any help as he can't speak well for himself & I must help him
  8. Hey Last appearance my as suggested MTC Arbitration by you great folks was approved by both sides and we have an appearance Friday. Now I have not sent in the arbitration forms because I don't have the $1200 money to pay and the debt is under 4K What is the best strategy to tell the court? Thanks
  9. I'm having trouble trying to determine when the SOL (for FDCPA) began for a case that began in state court and ended up in arbitration. Case originally filed in court in Nov 2013. Arb filed in April 2014. My question revolves around the fact that the SOL for my FDCPA claims would have expired in Dec 2013. But is the SOL stayed for all the time while the case was "trying to get" to arbitration? I can't imagine that going to arbitration after a MTC would require a new start period for the SOL. After all, that would be most unfair for the debtor if the JDB farted around with the arbitration waiting for an SOL to expire. I'm hoping that if there was a MTC, then arbitration simply picks up where the court case left off. Thoughts anyone? Hope I'm making sense.
  10. I have previously posted on two other cases in litigation electing arbitration. I have been served with a new case involving Jefferson Capital with the OC as Metabank (Fingerhut, but doesn't list Fingerhut in the complaint). My question is I am wondering which card agreement I should use to elect arbitration. I can't find the Metabank agreement that was opened in September 2011. I do have the agreement that took over the account which is Webbank in 2012. The complaint list the account ending in 8705 which is the Webbank account number that was changed in 2014 from the original account ending in 4409. My previous cases I used the last agreement on the account but I am not sure which I should use for this one. The Webbank Fingerhut agreement arbitration clause is with AAA. I have until May 11 to file my MTD or Alt MTC. I can upload docs if needed. Thank you
  11. I have received a summons on Dec 9th from Midland stating count 1 Breach of Contract and count 2 Unjust Enrichment. They attached an affidavit from their legal specialist that included a bill of sale, assignment and billing statement from Citibank, (Best Buy) I did not submit an answer instead a MTD or in alternate Compel Private Arbitration with Jams also included exhibit of contract (Citibank) attachment, on the same day (Dec 24th) I sent a letter to attorneys for litigation waiver and election to arbitrate. I also sent a letter to JAMS electing arbitration with the Return Receipt from my letter to attorney. I received an answer Jan 6th stating that the attached cardholder agreement is Not relevant to subject debt or applicable to subject debt, that it is a random document.. Also defendant has not attempted to show how alleged agreement is admissable under AZ rules of Evidence. Exhibit cannot be authenticated for admissable, without exhibit defendant has nothing to establish debt was governed by arbitration provisions. They ask the court to strike my MTD and file an answer by a date certain at the discretion of the court. My question is if I have 5 days to answer their response.. If so I believe it is by this Wednesday, Jan 13th. What can I do to make my exhibit work to compel an arbitration. Do I need to file an "answer" to this going back to their first complaint filed. I am uploading the case filings. I have followed this forum for suggestions on court proceedings but at this time I need some help on what to do next? Any suggestions are appreciated. 4- Midland Resp to MTD.pdf 3- letter to execute arbitration.pdf 1-complaint.pdf 2- MTD Midland.pdf
  12. Thanks to everyone who has been helping me over the course of the last 2 years. Your help has been invaluable to me. I'm afraid however, my questions continue. I'm presently filling out a JAMS form to be mailed to the Attorney for the JDB. I the "Strategies of Arbitration" thread Linda gives a very detailed process and I am following her direction, but I have a question regarding the "Respondents". Linda says to add anyone associated with the account against whom I may have a claim. My question is thus: (and I'll fill in the details of the case after the question) Should I list as Respondents the OC, and ALL prior JDB of this account? COURSE OF EVENTS 5-2013 Collection letter from Attorney Zwicker & Associates on behalf of OC 6-5-2013 I asked for DV 6-26-2013 Zwicker sent photocopy of OC credit card statement. 11-2013 I sent Zwicker a cease and desist and "exempt status" letter stating the fact that i am a permanently disabled senior citizen. I included a copies of my 2013 SSDI benefit statement, My original SSDI award letter, my private LTD benefit statement and a copy of my Physicians statement of permanent disability. 2-2014 Collection letter from Phillips & Cohen Associates representing PCA Acquisitions dba Portfolio Asset Group 3-3-2014 I sent a DV letter to Phillps & Cohen 3-2014 I sent a cease and desist and exempt status letter to Phillips & Cohen Included election of pvt. arb. with JAMS 5-7-2014 Phillips & Cohen validates with multiple photocopies of OC credit card statements. 8-2014 New and current Attorney sent collection letter representing PCA Acquisitions, Synchrony bank FKA GE capital 8-30-2014 Sent DV letter to new and current Atty. 1-2015 Current Atty. files lawsuit against me on behalf of PCA 3-2015 I filed Answer (in accordance to help from great folks on this site) 6-2015 Court holds hearing and issues order waiving all my fees do to my inability to pay. 7-2015 Court orders Case Management Conference 8-1-2015 I notify Current Atty of my election of Arbitration through JAMS 8-2015 I file case management statement which informs the Court I intend to file an MTC private contractual Arbitration. 8-2015 Court issues order cancelling CMC and setting a trial date in January 2016 9-2015 I file MTC 9-2015 Current Atty. emails me requesting I contact his office as "his clients" have agreed to arbitration. I tried tyo put as much info in my timeline as possible without risking confidential information. If more info is needed in order to provide me with the answers I seek, please do not hesitate to ask.
  13. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basically surrendering my rights and/or missing requested paperwork to support my case. Here is my TIMELINE: 2006 OPENED WF CONSUMER CREDIT CARD AS OVERDRAFT PROTECTION 2011 CC ACCOUNT WAS CHARGED-OFF BY WF in 2011 (CC limit was $4,500 but I'm being sued for almost $10K) 2011-2016 RANDOMLY RECEIVED STATEMENTS FROM MIDLAND (amounts varied from $7K to $13K) 11/12/15 JOHNSON MARK LLC SERVED COMPLAINT ONTO MY SPOUSE (I was not present on premisses, but it's still legal in UT) 11/18/15 COMPLAINT WAS FILED WITH 3RD DISTRICT COURT, UTAH 11/24/15 FILED MOTION TO DISMISS (based on SOL; as it is not an "instrument in writing" and falls under 4 years) 12/2/15 FILED 1st REQUEST TO SUBMIT FOR DECISION 12/10/15 RECEIVED PREMATURE FILING MINUTES 12/10/15 RECEIVED OPPOSITION TO MOTION (was dated 12/7/2015) 12/15/15 FILED REPLY TO OPPOSITION 12/15/15 FILED 2nd REQUEST TO SUBMIT FOR DECISION 2/16/16 RECEIVED ACCOUNT STATEMENT FROM JOHNSON MARK LLC IN THE MAIL (very basic info stating the whole acct #, ownership, balance, but no charge-off date) 2/16/16 CALLED JUDGE's CLERK TO INQUIRE ON STATUS OF REQUEST 2/23/16 RECEIVED NOTICE FROM COURT ON MOTION TO DISMISS (ruling scheduled on 3/07/2016) 3/7/16 JUDGE DECLINED THE MOTION AND EXTENDED 21 DAYS TO FILE THE ANSWER (SOL was denied, as judge agreed it falls under "instrument in writing"; 6 years instead of 4) 3/22/16 SENT LETTER SELCETING ARBITRATION TO JM AND MIDLAND 3/28/16 FILED THE FOLLOWING: ANSWER AFFIDAVIT MTC PROPOSED ORDER 3/28 - 3/31/2016 RECEIVED MULTIPLE PHONE CALLS FROM JM (to stop any phone calls, file CEASE & DESIST) 4/1/2016 AGREED ON SETTLEMENT - my original offer was $1500 when complaint was filed; JM's lowest was $7.5K - JM offered $2K, saying it's a stretch from original $7.5K - countered with $500, pointing out ARB fees and legal expenses - JM declined - JM called 30 minutes later accepting the offer 4/1/2016 RECEIVED SETTLEMENT PAPERWORK - JM lawyer sent AGREEMENT LETTER to my email (upon my request) - called JM lawyer directly to request: dismissal with prejudice, no transfer of debt, no 1099C - agreed upon everything but 1099 - as it is regulated by Federal Law - ordered cashier's check and went to meet up with JM lawyer - received SETTLEMENT AGREEMENT and SATISFACTION LETTER in writing - both parties have signed MOTION TO DISMISS (with prejudice) - received ORDER OF DISMISSAL WITH PREJUDICE - all docs mentioned: with prejudice, and each party bearing its own costs and attorney fees - received payment stub Thank you to everyone. This has been the best resource.
  14. I filed a MTC requesting arbitration in a case with PRA. I am in Jefferson County. I filed my answer and MTC on time, and included the cc agreement (Wal-Mart/Synchrony). Today I got a notice that it was denied on Feb 24 and entered into court on 3-2, and the reason was "per JDR 318" which reads: "The Jefferson District Court Civil Division has jurisdiction over the following matters: A. Small Claims Complaints; B. Civil Complaints up to and including $4,000.00; C. Evictions (Forcible Entry & Detainer); D. Petitions for Emancipation by Minors; E. Petitions Authorizing or Prohibiting Cremation; F. Appellate Jurisdiction from Administrative Agencies, including: 1. Denial or Suspension of the Carry Concealed Deadly Weapon License; 2. Parking Tickets; and, G. All matters reserved pursuant to KRS 23A.100(3)." It seems to me that the court is saying that they have jurisdiction and that I do not have the right to arbitration unless a judge approves, but here is the cc agreement wording on arbitration: (a) "If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Wal-Mart Stores, Inc. if it relates to your account, except as noted below." (b) “We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate.” (c) “Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.” I think it's a sneaky way for them to keep people from requesting arbitration and automatically getting it granted. I had no trouble when Discover sued me. I filed the same motion and it was dismissed with prejudice. I don't know what to do next. Does anyone have any suggestions??? The amount they're suing for is 1700 bucks. Ugh. I'm considering just filing bankruptcy. Maybe that's a better option? I got served with 2 more last week. One from Barclay's and another from Capital One. I'm really not sure if I'm up to this, but I was going to just take it one at a time and try to do my best to not give up. Any help would be VERY much appreciated.
  15. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out of time. I am not sure if I am worried to much about the little things. However, the original creditor was initially GE money. They changed their name to Synchrony (according to the website). I pulled up ALL of the agreements from the federal CC database. All of the agreements are the same, but the initial one (which was similar), which has what I think is a survivability clause. Not sure if I should use that first GE or the first synchrony statement. (Would I put one or both as an attachment) I think I should take out all of the formally known as & just put synchrony. If I do, should I use the synchrony agreement. So confused. In Texas, does the attorney have to respond before I file the motion? Do I include the Meet and Confer letter as an attachment? I know I have to include an affidavit stating everything is true to the best of my knowledge. Do I need to include a copy of the JAMS Demand form that goes to JAMS with the Motion? Or can I wait on that? That is holding me up, and I want to get this filed. ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION COMES NOW Defendant PAGRN appearing Pro Se for her the following original petition answer and Motion to Compel Private Contractual Arbitration with Synchrony bank (formally known as GE Money Bank) and as grounds thereto states the following: 1. That on or about November 13, 2015, Plaintiff filed its original petition against Defendant. Defendant ADMITS she is a resident of this county, but has elected private contractual arbitration pursuant to the terms of the governing cardholder agreement, which takes away both sides litigation rights in court. 2. Defendant is without information or knowledge sufficient to form an opinion as to the truth of Plaintiff's paragraphs (6-12) and must respectfully DENY Plaintiff's remaining allegations. Defendant holds the Plaintiff to provide the strictest proof thereof. 3. Defendant moves this court to compel binding Private Contractual Arbitration with JAMS based on the terms and conditions of both GE Money bank Credit Card agreement and Synchrony Bank Credit Card Agreement (see Exhibit A, attached). (see Exhibit B, attached). 4. The parties are bound by the Synchrony bank (formally known as GE Money bank) credit Card Agreement. The Arbitration Agreement states among other things: (a) Upon demand, and except as otherwise provided below, you and we must arbitrate individually any dispute or claim between you, any joint cardholder and/or any additional cardholder, on the one hand; and us, our affiliates, agents and/or The Gap, Inc., on the other hand, if the dispute or claim arises from or relates to your Account. (b) NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE (c) This Provision replaces any existing arbitration provision with us and will stay in force no matter what happens to your Account, including termination. (d) Governing Law for Arbitration. This Arbitration section of your Agreement is governed by the Federal Arbitration Act (FAA). 5. The Federal Arbitration Act (FAA) 9 USC, Section provides: “A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction or the refusal to perform the whole or any part thereof or an agreement in writing to submit to arbitration an existing controversy arising out of such contract, transaction, or refusal, shall be valid, irrevocable and enforceable save upon such grounds as exist at law or in equity for the revocation of any contract”. 6. The Defendant elects arbitration with Jams to settle this dispute. (see Exhibit C, attached). WHEREFORE, Defendant moves this Honorable Court to compel private contractual arbitration with Synchrony Bank pursuant to the GE Money Bank Cardmember Agreement and to dismiss Plaintiffs complaint due to Lack of Subject Matter Jurisdiction or in the alternative, to stay proceedings pending private contractual arbitration with JAMS.
  16. Hello, Does anyone know where to find an older credit card agreement? Also, I am trying to file a motion to compel arbitration with JAMS. Do I need the credit card agreement from when the account that was originally opened with GE Money or when Synchrony took over in 2013? How could filing this motion to compel arbitration backfire on me? Is there a reason the judge would not approve it? I have found from my research, I need to attach both "a copy of the credit card agreement", and "notarized statement that the agreement is the correct one to the best of my knowledge" to the motion. I also need to send this certified mail to the PRA attorney. Do I send that before or after filing the answer/motion? And am I missing any steps. If anyone has any good copies of the motion, it would be greatly appreciated. I have been sued by Portfolio Recovery Associates LLC, PRA in the state of Texas for close to $1100.00, court cost, and all other relief to which plaintiff is entitled. I am in Texas, and I have 14 days to respond, and I have been spending the last few days researching as much as possible. & trying to learn from others mistakes. This account is still within the SOL. After researching for several days, I think the best thing to do is file a motion to compel arbitration. Facts listed on the original petition. State alleged account opened with Synchrony Bank August 2011, (Which was GE Money @ the time). They stated last payment was September, 2013. The credit card account was subsequently closed April 14, 2014. PRA took over the account February 2015. Being sued for: Count 1: Breach of contract Count 2: Account Stated No exhibits, no affidavits, no statements, nothing but the original petition and citation. Also, I found some wording for an ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION AND DISMISS PLAINTIFF'S CLAIM OR IN THE ALTERNATIVE, TO STAY PROCEEDINGS PENDING ARBITRATION. Should I file that, or keep it simple and file just the ORIGINAL PETITION ANSWER AND MOTION TO COMPEL PRIVATE CONTRACTUAL ARBITRATION
  17. I am currently in AAA with a JDB. Surprisingly, JDB paid the fee so we have started the process. Today I got the notification today that arbitrator has been appointed and we (me and JDB) have about one week to raise objections if any. Meanwhile, we are also asked to start scheduling a preliminary hearing. I have some questions and hope to get suggestions. Thanks in advance! 1. About the arbitrator: I did not see any specific problems with the arbitrator, but this may also because I really do not see what to look for... Anything I should pay attention to? 2. What should I prepare for the preliminary hearing? -- A brief oral statement about my claims? -- Stipulate the choice of law of the contract and how to do it? -- Ask for the schedule and format of the discovery? Will I do it via interrogatories, requests for production etc.? 3. I have to say that the entire procedure has been quite stressful, and I am considering how this will end. I know that many cases in arb end up with settlements. If so, when is the best time to raise this? Should I raise it? or should I wait for the other party? When? Is it now a good time to do it? Thanks and Happy holidays!
  18. I am new here, I started a blog Saturday, but think I went to the wrong place. I am being sued by Portfolio Recovery Associates LLC, PRA in the state ofTexas Saturday morning (2/20/2016) I received a Civil Citation for a Debt Claim Case, which was given to me by my 7 year old daughter, who got it off of the front door 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC assignee of XXXXX bank XXXXX (store name) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kelvina Wiley, in Dallas Texas 3. How much are you being sued for? Roughly $1100.00 4. Who is the original creditor? (if not the Plaintiff) Bank for a Retail Store 5. How do you know you are being sued? (You were served, right?) My 7 year old daughter found papers taped to front door 6. How were you served? (Mail, In person, Notice on door) My 7 year old daughter found papers taped to front door. 7. Was the service legal as required by your state? Not sure. On this day, no one knocked on the door. There was an, "Order for substitute service TRCP rule 501.2 (e). This had a section stating "Method of service ordered: By mailing a copy of the above documents to xxxxx via first class mail AND by affixing to the front door entrance only after first attempting to serve personally and attempting to leave with anyone found at the address who is 16 (sixteen) years of age. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No, Never spoke with them....EVER. 9. What state and county do you live in? Texas, Williamson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) I have never made a payment to this collection agency. 11. What is the SOL on the debt? 4 years in Texas I believe 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Could not find on the online database. Not sure I was looking it up correctly. Plan to call on Monday. 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, actually have not even pulled up my credit in quite some time. 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No. have never spoken to them 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 14 days I received as follows: 1. Court document showing Plaintiff and Defendant names stating that I am being sued stating that I have 14 days to file a written answer to the court. Along with the name and address of the Plaintiff (attorney). Signed by the clerk of the court. 2. Then a Petition with a stamp date on it from last November 2015. It shows as follows: A. Parties 1. states plaintiff and address 2. states my name and address B. Jurisdiction 3. Plaintiff seeks only monetary relief of $100,000 or less, including damages of any kind, penalties, cost and 4. Plaintiff asserts that the above names court has jurisdiction over the subject matter of this case and the person (s) of Defendant and that the damages sought are within the jurisdictional limits of the court. C. Venue 5. Venue of this action is proper in the county............. D. Facts 6. On or about month/day/2011, Defendant opened a credit card account with XXXXX bank in the Defendant's name under its account number ending in ------------xxxx Defendant used the account and thereby became obligated to pay for the balance owed on the credit account. Plaintiff's records indicate Defendant's last payment on the account occurred on September, 2013. Defendant defaulted on the obligation to make monthly payments on the credit card account, and the card was subsequently cancelled. The credit card account was subsequently closed due to nonpayment and/or charged off to profit and loss on or about April 14, 2014. On or about February 19, 2015, xxxxxxbank assigned Defendat';s credit account to plaintiff, and plaintiff is the current holder of the defendant's account and the proper party to bring this lawsuit. The balance remaining on the credit account is presently due and payable in full. 7. After allowing for all just and lawful offsets, credits, and payments on the credit account, the total balance due to plaintiff by Defendant on the account is $xxxx.xx (Not sure if the the amount the are saying is more then what was actually on the card when closed) 8. The plaintiff has made demand upon the defendant for payment of the amount due and payable in full. The defendant have failed, neglected, ad refused to pay the amount requested. 9. Plaintiff has performed all conditions precedent to the filing of this action or all such conditions precedent have been performed or have occurred. E. Count 1: Breach of contract 10. Plaintiff is entitled to recover for breech of contract. XXXXbank offer and extension of credit to defendant constitute performance and/or tendering of xxxxbank. Defendant failed to repay the full amount owed on the credit account and there by breached the contract. 11. Defendant Breach was a proximate cause of actual damages of $1,xxx.xx And just and lawful offsets, credits and payments have been applied. F. Count 2: Account Stated 12. Plaintiff is entitled to recover on the account because (1) transactions between the original creditor and defendant gave rise to the indebtedness, (2) there existed an agreement between the original debtor and the Defendant which established the amount due to the Plaintiff, and (3) the defendant promised to pay the original debtor on the indebtedness. G. Damages 13. Plaintiff seeks damages on its liquidated claim in the amount of at least $1XXX.XX, which is within jurisdictional limits of this court. H. Conditions Precedent 14. All conditions precedent to Plaintiff's claim for relief have been performed or have occurred. I. Miscellany 15. The undersigned attorneys hereby give notice that they and the Plaintiff are attempting to collect a debt and any information obtained will be used for that purpose. Plaintiff's attorneys are debt collectors. J. Prayer 20. For these reasons, Plaintiff asks the court to issue citation for the Defendant to appear and answer, and that the Plaintiff be awarded a judgment against defendant for the following. a. Actual damages in the amount of $1XXX.XX b. Court Costs C. All other relief to which plaintiff is entitled. Respectfully submitted; Raush, Sturm, Isreal, Enerson & Hornik, LLC By: ORIGINAL COPY SIGNED ( it states that ---- No signature) 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They attached no exhibits, no affidavits, no statements, nothing but what was mentioned above. How do I answer this citation. I really need to know how to correctly answer the citation. I have never entered into a contract with PRA, I have never even spoke to PRA? Could they potentially win a lawsuit for breech of contract. They also claim that they are the owners but have provided no proof of this either. Are they just trying to get a judgment by hoping I do not answer? I am not a lawyer and do not have a legal background. I am an RN. I hope my questions do not sound silly. However, I spent a better part of this weekend researching this and it looks like I have 2 choices. 1. File a motion to compel arbitration with JAMS (not really sure what JAMS is) 2. Answer and Deny all of the allegations? It does sound like the bank may have sold this directly to PRA...If that is the case, will they have the proof they need in court? If I File a motion to compel arbitration, will PRA pay the cost of arbitration? What does this normally cost? Also, I have been researching this all day. It seems that is very unlikely they will have the proof they need in court. Do I answer first & Deny all of the allegations? Can someone please help me? I need advice on which of these two are my best options.
  19. I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then filed a Motion to Dismiss, or in the alternative, stay case and compel arbitration. However, I forgot when the pre-trial date was and submitted the motion only a few days before the pre-trial. The plaintiffs lawyer made very little attempt to negotiate a deal, instead she had a very rude and demeaning attitude, apparently she didn't even know that I filed for the motion (which I did send a copy to the plaintiffs law firm a few days before I even submitted it to the court) and that seemed to have made her angry or something. Nevertheless, at the pre-trial, the judge mentioned that he looked at my motion. The plaintiffs lawyer said that what I (the defendant) was doing is just common tactics to buy time and based on her experience I'm not going to file for arbitration. The judge asked her if she wanted to adjourn and she said no, he then denied the motion saying that we will see if he (The defendant) files for arbitration and if not then it will come back to court. That is where we stand now, the pre-trial was yesterday (Dec.3rd), and I'm pretty confused right now. I didn't expect the judge to dismiss my motion as the combination of their affidavit being expired and the arbitration clause in the agreement basically throws their argument out the window. My main questions and concerns are, how (at this point in the case) do I file for arbitration and who do I notify and how do I notify them? I've read many posts on how to initial arbitration but my situation seems a little different and I want to make sure I'm doing it correctly. Also, my concern is that if the plaintiffs lawyer send a summary disposition at this point, do I have to answer it or does that mean I am forfeiting my right to arbitration? Any help at all will be greatly appreciated, I'm really a tadpole in a lake when it comes to law, I'm just learning as I go basically. -- Abe
  20. Hello all, This is my first post. I have been sued by Midland in Oregon. At this time I don't want to post too much more info than that in case the attorneys are surveying this forum. First of all, thank you all for your informative contributions. As my case progresses, I hope to be able to contribute as well. Midland is suing for about 10k, if I MTC/stay for JAMS (it is allowed in my case), will they stay the course? I guess I am really asking for is what people think a "small" or "large" amount of debt is. Also, the fee section of my arb clause reads: Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. From what I can tell so far, the last sentence means that they can seek legal expenses in the arb award, that sucks, but fine. What I am still not sure of is whether they can try and get me to pay their arb fees if they win. For example, what is to stop the JDB from calling arb fees "other expenses"? JAMS comprehensive rule 31© (or streamlined rule 26©) reads: The Parties are jointly and severally liable for the payment of JAMS Arbitration fees and Arbitrator compensation and expenses. In the event that one Party has paid more than its share of such fees, compensation and expenses, the Arbitrator may award against any other Party any such fees, compensation and expenses that such Party owes with respect to the Arbitration. This seems to allow for dumping the fees back onto the consumer. It seems there is some back and forth on this in this and other forums. Does anyone know of a case where a consumer was forced to pay the much larger JDB fees after losing contractual arb? Thanks!
  21. Ok! Just came back from hearing on my Motion to Compel Private /Contractual Arbitration was DENIED! After the attorney barked for 15 minutes saying I could not claim anything from a contract a denied having, the judge agreed and said she could not grant me my motion because I denied on my affidavit having an account/contract with Portfolio Recovery Associates or its "assignor" Synchrony Bank (old navy credit card). What is next? Is it to late to file MSJ to get the case dismissed? Here is some background: Being sued by Portfolio Recovery Associates (Synchrony Bank - Old Navy Credit Card) for $2.589, last paid on April 2013 (Michigan SOL is 6 years) 05/11/2015 - Summons and Complaint Filed was served end of June 2015 07/12/2015 - I answered my complaint denying ever having such account 08/28/2015 - Ordered Mediation (didn't settle as the JDB offered to take off about $300 from the amount allegedly owned) 09/28/2015 - Plaintiff filed Motion for Summary Disposition 10/05/2015 - Defendants Brief in Opposition to Plaintiff Motion for Summary Disposition filed 11/02/2015 - Hearing where judge gave me 48 hours to file Affidavit denying Plaintiff claims 11/02/2015 - Defendant filed Affidavit Denying Plaintiff's Claim 11/05/2015 - Plaintiff Motion for Summary Disposition DENIED 11/06/2015 - Defendant's Motion to Compel Private/Contractual Arbitration filed 11/30/2015 - Defendant's Motion to Compel Private / Contractual Arbitration DENIED
  22. I really appreciate any help I can receive to figure out: a) what to do in response to this document; and what angle the Plaintiff is preparing to play. Quick background: Served by JDBFollowed @Linda7's thread exactlyFiled my answer and a MTC private/contractual arbitration w/JAMS (with Exhibit B as a copy of the credit account agreement)Judge granted a MTC hearingDate is set and has been agreed upon by all partiesNow I have received this document in the mail: PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS Case No: xxxxxxxxxxx Judge: (this was left blank by them) Plaintiff, through counsel, hereby opposes Defendant’s motion to either dismiss or stay this matter so that the dispute can proceed through private arbitration via JAMS. Defendant argues that the terms and conditions governing this account includes an arbitration provision granting her this right. Defendant submits a sworn affidavit signed under penalty of perjury that the terms and conditions attached to the motion Exhibit B are “a true, unaltered copy of the XXXX credit agreement that contains the arbitration provision which governs the dispute between the parties for this alleged account.” Plaintiff intends to call Defendant Jazz Debtslave to testify before the Court under oath as to the source of these terms and conditions. Based upon information and belief, Plaintiff is relatively certain Defendant will not be able to lay a foundation for these contract terms.In the alternative, if Defendant is able to lay the foundation for these contract terms then the Plaintiff asks the Court to stay the proceedings so that the parties may return to Court after private arbitration and enter the arbitration award as a final judgement on the matter. My initial questions are: 1) Should I file an answer to this Opposition? 2) When will the plaintiff call me to testify before the court? During the MTC hearing? Or is this showing intent to schedule some other court hearing? 3) Obviously, the Plantiff is trying to keep this out of JAMS and drive me into state ordered arb. It looks like they want to attack my copy of the agreement. What can I most likely expect from being called to testify and how can I best prepare? 4) Can I requests documents from them that explain why they have "information and belief" that I will not be able to lay a foundation for the contract terms? T H A N K Y O U to this forum for your help! So far, at least, I have kept myself out of Oregon state arb -- this is no small feat!! I consider being granted the MTC private arb in the state of Oregon a little victory. Could not have done it without this great group of people
  23. Hi, If any one has a CITIBANK agreement for 2005, 2004, 2003, 2002, 2001... I prefer that it has JAMS but if I can't find with JAMS, I could argue that there is arbitration clause. Thank you!