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Found 771 results

  1. Hi, Online credit reports through all three major credit bureaus have arbitration provisions. It appears the forum is AAA is each instance, although this may vary some by state. Has anyone used arbitration to hold the credit bureau's feet to the fire when they fail to fix credit errors and violate the Fair Credit Reporting Act? It would seem like a cost effective route compared to the cost of filing a lawsuit, especially in forcing them to advance fees to fix errors they should have fixed in the first place. Any thoughts on this approach with the credit bureaus?
  2. I've been researching arbitration and I want to go this route vs going to court. I have not been sued but I want to send out this arbitration letter before that happens. The account was with Dell and funded by WEBBANK. Opened 2006, and charged off 2009. I can only find one DELL agreement online. I was told Linda7 is good at finding agreements and I hope she can help. I've been searching but only came up with the same agreement and it doesnt even have a date on it. On 8/29, I sent a letter the the lawfirm representing Midland saying not to contact me further, I still dispute the debt. I also, DV them a couple weeks earlier too and they sent me a printout of transactions with name, old address, original acct number, and last 4 of SS#. I typed up a letter electing arbitration. A proof read would be nice and a critique. Codeman Address City, State, Zip JDB name Address State, City, Zip September 4, 2012 Re: MCM ######, WEBBANK ######### Dear ATTORNEY FOR CREDITOR, This letter is in response to your letter dated August 20, 2012 regarding the collection of the alleged account referenced above. Per the Dell Preferred Credit Agreement, I elect private contractual arbitration via "JAMS". The agreement states, "If either party chooses to arbitrate a claim, neither party will have the right to litigate that claim in court or to have a jury trial on that claim, or to participate in a class action or representative action with respect to such claim." I also seek a waiver of any required arbitration fees. Notifications will be sent to the appropriate parties. The agreement also states, "You may seek a waiver of any required arbitration fees under the applicable rules of the arbitration administrator. If you seek, but do not qualify for such a waiver, upon written request we will advance 50% of any arbitration fees required to be paid by you and will consider an advance of the full amount of such fees." In regards to the letter I sent dated August 29, 2012, please disregard the statement "Do not contact me". All phone calls are inconvenient, so all communications need to be by mail. Regards, Codeman
  3. Hello all, I really appreciate Linda7's contributions to the Arbitration thread. I've recently began the arbitration process and just had my conference call. I believe the next step is to set an in person hearing. So, can anyone who's been thru JAMS arbitration with Citibank share their experiences on how to effectively ask the custodian of records the right question so as to create doubt regarding their "knowledge" of the transactions presented in credit card statements? Thanks
  4. Hey All, "Question" Can anyone please send me an account agreement W/Arbitration Clause for the following Creditors: Bank Of America 2008 -2010 Arbitration Clause M.B.N.A 2008 - 2010 Arbitration Clause Does anyone know, off hand, if these creditors even had or have had an Arb. Clause for the Years Stated: Thanks for all the Help and Replies N.G.D
  5. Sending this to the Paintiff's Attny's Tuesday,CMRR ofcourse If I'm missing anything Please let me know... Thanks NOTICE TO ELECT ARBITRATION Account No. **** **** **** **** Case No. ** **-**** Pursuant to GE MONEY BANK F.S.B credit card agreement, I ELECT arbitration to resolve all of our disputes.The person who starts the Arbitration proceeding must choose an administer: Either “JAMS” or “A.A.A” As per the agreement, "YOU UNDERSTAND AND AGREE THAT IF EITHER YOU OR WE ELECT TO ARBITRATE A CLAIM, THIS ARBITRATION SECTION PRECLUDES YOU AND US FROM HAVING A RIGHT OR OPPORTUNITY TO LITIGATE CLAIMS THROUGH COURT, OR TO PARTICIPATE OR BE REPRESENTED IN LITIGATION FILED IN COURT BY OTHERS.” As of July 24, 2009, the NAF voluntarily ceased to administer consumer arbitration disputes. Pursuant to the agreement, I am also requesting an advancement of the fees, to pay to pursue Arbitration. Notifications will be sent to the appropriate parties. As of this notice you must dismiss or stay any and all actions in regards to the Alleged Debt pending the result of the Arbitration. Terms and Conditions of the Arbitration Provisions were provided to the Defendant through his Discovery request’s,Therefore the Plaintiff’s should have a Copy of these Terms and Conditions already in there Possession and File. All phone calls are inconvenient, so any and all communications need to be by mail. ___________________________ Not Going Down, Defendant, Pro Se 1234 Dirt Poor Rd. Poor Town,USA.
  6. Hey All... Does anyone have a current or recent GE Money Bank Arbitration Clause they can forward to me,or answer a "Q" on... Question: 1) G.E. money bank Retail Card,opened in 2007,defaulted on in 2011 2007 Credit Card Agreement, I have, has Arb.Clause N.A.F and A.A.A. on it. A.R.F is no longer with us, would I be able to use the 2011 Arbitration Agreement,If Revised, Can I elect JAMS if it is not on the Arbitration Clause ??? Do I have to stick with GE Moneys prefered Arbitration Ellectives... I'm completly New to this ,so please bear wih me.... Many more "Q"s to come... Thanks N.G.D
  7. Hello, here is my original post wwwcreditinfocenter.com/forums/there-lawyer-house/315523-please-i-need-serious-help-received-summons-cavalry-spv-i-llc-law-suit-ma.html#post1184629 After some reading and some advice from some of the wonderful users I have determined to go into arbitration. (Feel free to read original post) My questions are how do I go about demanding arbitration? The law suit has been served however I still have 10-15 days to file my answers to the complaint. To demand arbitration, do I submit answers to my complaint, and put a clause somewhere on it stating that I elect arbitration? Or can I avoid my answers all together? Also which parties do I inform? -Court -Plaintiff's Lawyer -JDB Collecter -Original Creditor All of the above? Thank you all for your help thus far!
  8. Long story short. Went to pre trial against portfolio. The judge asked if we would consider mediation. We both agreed. At mediation, the mediator talked with both of us, and I said I wanted to see proof the the account was mine, and accurate. The attorney who was on the phone sent over emails of statements, terms and conditions, and a money order. the mediator gave me a few day to think about how I would like to proceed. I sent an offer to the mediator, and she sent the offer to the attorney. She didn't get a response. A week later, (which a is few days ago) I get a motion of summary judgement. Is it too late to file for arbitration? I know people usually do it when they get a summons, but not really knowing at that time about arbitration. If not, what about opposing the interest, fees on the debt? thanks, Rob
  9. I have been sued by Midland funding in Az but not served. Tommorrow is day 20 since they filed the suit. I found out only because I got a pink paper from Countryweid Debt relief. My CC agreement says arbitration with AAA or NAF. I have not heard of NAF. Should I wait to be served? Or should I take action first. Thank you for any help:confused:
  10. What is this mean and what should I do next? I just received this letter last week. Do I have to respond or file a Fee Arbitration request? Thanks, “ Dear Mr…. Not having heard from you with reference to payment of the balance $1214.00 due in your matter. I am giving you the required Pre-Action Notice pursuant to Rule 1:20A-6 by Certified and Regular Mail to your last known address of your right to request a Fee Arbitration Hearing. Should you desire to do so, you should immediately call the Secretary of the Fee Arbitration Committee and request appropriate forms. If you do not promptly communicate with the Fee Committee Secretary and file the approved form of request for fee arbitration within thirty (30) days after receiving this Pre-Action Notice, you shall lose your right to initiate the fee arbitration. The name, address and telephone number of the current Secretary of the Fee Committee in this district is as follow: ________ If the statement is not paid or you do not file a Fee Arbitration request, you will leave me no alternative but to commence legal action against you. Your truly,______________ “
  11. Trying to decide if Arbitration is right for me vs just settling for 60% before court. In a nutshell: Discover sued me and I was served a week ago. I tried settling with them for months but they never allowed an offer better than 80% (the attorney's CA) and now after they sued me about a week ago I was able to speak with the attorney and he agreed to settle for 60% and would move the court date to November. I have to pay the 60% by then in order to get this settled and out of court. I have yet to receive this "settlement offer" in writing in the mail, since it was just agreed upon last last Friday. Can I turn things around at this point and push for arbitration or since I discussed settling, now I am in a bad position and arbitration wont get me a better deal to settle? If It is advisable to choose arbitration, what kind of money am I expecting to pay them in the end? the balance is around $1,500 and they want to settle for $900. I've read some people getting it completely forgotten, and paid zero and settled for good or am I mistaken and they just had to deal with it later with another agency anyways? I just want to get them off my back for good so I can start over with my life. Any help will be incredibly appreciated! Ps: I called them to get the Card agreement but Discover refused to give it to me. How can I get it and should I get the 2011 or 2008 (when the card was issued or defualted)? thanks a lot!
  12. Hi everyone! I wanted to share with you that I sent Linda's letter for Debt Validation with Arbitration and yesterday I received a letter from Midland stating that the collection efforts with Midland are considered closed and the account has been sent back to the OC! Wow that was easy!
  13. I couldn't find the answer to these questions... If you go through arbitration (the other side decides to go through with it and spend the money), and the end "bill" is say....$20K: 1. Your beginning tab is only $6K. Are you responsible the rest and 2. Can the binding arb amount be taken care of in BK? Thank you!
  14. I've submitted my JAMS - I should be good. I understand this court type arbitration is rarely favorable to the consumer and I'd like my opportunity to be heard and fairly evaluated!
  15. Linda 7 has done a magnificent job in her thread titled The Strategy and Steps of Arbitration found here... http://www.creditinfocenter.com/forums/arbitration/314030-strategy-steps-arbitration.html But I was asked a question and decided I would post a new thread in an attempt to answer it and hopefully help others. And I did not want to hijack Linda's post into a different direction. A board member had asked me about Private Contractual Arbitration which had originally started out with them needing a specific year for a card agreement and I just happened to have it. I had replied with the agreement and made mention of "claims" that would be needed if one initiates in private contractual arbitration. I received a reply to my reply , and I will post part of that here. "What do you mean by claims? Why do I need them?" This is an extremely valid question and got me thinking that there really needs to be a thread about this. Not to give a specific point to point on claims per se, as I would be the very last person to want to give away any of an initiator's secrets, but to explain why claims are needed. _____________________________________ Points to keep in mind. #1. 'You' want to be the initiator in Private Arbitration because it allows you to be the one who controls which arbitration forum you want to use, such as JAMS. #2. It is important to always remember that no JDB and not even original creditors really want to go the private arbitration route. If they did, there would be more filings of demands from them and less filings in court. IF they wanted to go the private arbitration route they also would not jump to the forefront to try to block a motion to compel that you might take to court. In my opinion, I believe the original intent to include private arbitration clauses in the agreements was because they sounded very intimidating to the lay person, especially with comments they make that state thinks like, you will not have this right or that right and so forth. #3. If you allow them to initiate the arbitration they will choose the arbitration forum that benefits them the most. While AAA has said they will not permit creditor initiations anymore.... they would be bound to, by a court order, forcing the issue and they will go for AAA over JAMS any day of the week. We do not need to concern ourselves with NAF. They are basically out of the picture for a long while now due to their slants in favor of the banks over the consumers, but they are not totally dead. Some of the newer agreements are now listing NAF as their only forum of choice. And this is crazy because creditors cannot initiate themselves there. But we can.... Now... about claims. #4. Private Arbitration, while not a lawsuit in a court of law, is basically as equal in many ways. You cannot just say I elect and then initiate without having some reason for the initiation. Or you should not. The fact that they are suing you is not grounds for you to initiate in any arbitration forum. That is not a claim. They have indicated their preference is court and the fact that they are the ones who say that their is a defaulted account they want paid on, and take you to court, no matter how the agreement reads is not grounds for you pulling them into arbitration without it being considered a frivolous, time delaying move on your part. In fact. When you initiate you should not reference the lawsuit against you at all. #5. You should have a reason for initiating in an arbitration forum. The reasons for initiating are called claims. They are based on things like violations of FDCPA, FCRA, TCPA, Your state collection laws, emotional distress and even breach of contract. There are a lot to look at . TILA, FCBA, Breach of Contract, Deceptive Trade Practices, Dunning violations are a few more that come to mind. #6. If it is a JDB suing you they most likely have violated one or more laws. #7. If it is an OC it will be harder, but their C/A may have violations or the attorney handling things. And depending on the state you reside in you state may have counter parts to the FDCPA that cover original creditors. Not to mention all your state counter parts to the aforementioned sources and possibly more. #8. When you get a claim form to fill out, say from JAMS, you will see a couple of areas that need attention to. One is NATURE OF DISPUTE Claimant (THAT IS THE ONE WHO INITIATES) hereby demands that you submit the following dispute to final and binding arbitration (a more detailed statement of the claim(s) may be attached: A proper response would be.... Consumer Arbitration for Violations of FDCPA, FCRA, Your State Consumer Laws, Emotional Distress, Breach of Contract etc. You certainly do not want to say I have no dispute with them, I just don't want to go to court cause they are suing me.... #9. Another is an area labelled .... CLAIM AND RELIEF SOUGHT BY CLAIMANT Claimant asserts the following claim and seeks the following relief (include amount in controversy, if applicable): That does not mean the amount they are suing you for it means the 10K, 20K 50K or whatever you are demanding them to pay you. so a proper reply would be something like For Violations of FDCPA, FCRA, Your State Consumer Laws, Emotional Distress, Breach of Contract etc. Claimant seeks the following Relief in the Monetary Amount of $XXXXXXX... or you could possible want to word things as The monetary relief will be suggested with my formal complaint. Note... this is not the place to provide an extensive explanation. That would be later in a "formal" complaint. #10.And there is also the area to be filled out... REQUEST FOR HEARING JAMS is requested to set this matter for hearing at: And I list my home town, followed by in the alternative the Federal District Court closest to me. The location of the hearing close to or in a Federal District court is is Federal law. It just seems totally improper to tell an arbitration forum they will need to get an arbitrator to come to you ( sometimes requiring an over night stay) to hear about a case that you did not want to go to court over, and expect any ruling other then a slight bias in favor of the creditor for the additional costs the creditor will accumulate. THEREFORE....YOU NEED TO HAVE CLAIMS. And that means you are back in school cramming for finals. A lot of reading and learning to understand things in the FDCPA, FCRA, etc. If you Google FDCPA you will have a menu page full of sources. You need to read and reread and then read again from every source, ad nauseum, to understand that when it says Dick sees Jane run, that Spot may have thought she was skipping because he was able to run faster. Or if two and two are four, while another source says no, three and one is four, you get to the point of being able to explain why five minus one is four, and prove it. In other words, different sources list and explain things differently and if it seems something does not apply in one because it is hard to understand keep reading until you do understand. I cannot do this for you and no one on here can because only you know exactly how things have transpired over the years in your case. Probably the most important thing to know and to keep in mind is that the SOL on these types of violations is only 1 year. Some have 2 years and your state may have longer. So, for example, if in June 2011 a C/A called you and left a message that your 10 year old got that said they were ABC Law firm and they were going to sue you in court for an old debt if you did not call them and make arrangements to repay right away.... You would not be able to make a claim using that because it has passed the SOL for that claim. Do not let that discourage you ..... If you see something that seems viable post it for comment. If you get 100% negative feed back on it... then it likely is not a great idea. But you will have claims, somehow. I will make one final comment... #11. When is the best time to pay your share. There have been many who will tell you to not send any money with your demand. My comment is that you need to read and truly understand what it is that your agreement states. If there is a statement that says If you ask them in good faith to advance the fees they will consider it.... THEY WILL NOT. Only if they outright say we will pay all costs can you count on it. Some say you pay the first $50 and we will pay the balance. But assuming they have not written they will pay all, they wont and you need to plan accordingly. If you can , pay the initial amount so it will be a true initiation. Even if it does not proceed... $250 to JAMS is a cheap insurance policy to get things to where you want them. If you cannot... send them $50.00 and request that you can make the balance in payments. Just remember they won't do much til they get the full money. There is one OC that is very aggressive now and if you don't get the fee paid on the initial demand they are creating some headaches for some people. Or trying to. ONLY California offers a fee waiver.... the rest of us have to struggle.
  16. In regards to JAMS arbitration, can the Virginia Statute of Limitations be used? Or are Limitation Statutes not considered in arbitration matters? How is the venue of State law determined in arbitration? Example: DOLA 5-2009, DLP, 7-1-2009 If a case goes to JAMS, could you argue that the debt is time bared? Sorry, I tried to search for an answer, but the common search terms are very widely used on the site. Apologies.
  17. I had an MBNA cc that I opened years ago - that account was transferred and ended up with BofA (or Chase?) through mergers, etc. Wouldn't that original agreement with MBNA apply to this account even tho it is now a BofA (or Chase) cc? I have the paper trail in my records, but all in storage for actual final account holder, but am really asking about the concept, since it could give me another agreement as an option in Arbitration, if I go that route.
  18. Hi, I am considering taking Experian to Arbitration over their refusal to correct obvious errors on my credit reports after numerous proper dispute letters. Experian's online reports come with an Arbitration Agreement, however, it seems not to have a forum named. In the event no forum is named, can I simply choose one -ie. JAMS or AAA ? Here's the agreement - feedback is greatly appreciated! (Please excuse the boldface type below, that's how it reads in the contract - I guess Experian wants everyone to know they really mean it...) ARBITRATION YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND CIC, AND ITS PARENT, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AT A LOCATION DETERMINED BY THE ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT ("FAA"). NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
  19. This is the letter that I received from attorney, I need help with my next step. In this letter, the copy of the invoice was attached. "Dear, As previously advised, New Century Financial Services presently owns the delinquent Credit One Bank. Visa credit account number: xxx. This office is in receipt of your letter dated June 6, 2012 in which you claim you do not owe the amount $$$$ and that this debt is not valid. This office is also in receipt of your letter dated July 16, 2012 in which you request verification of debt. Attached please find an account charge-off statement dated May 17, 2009 as verification of this debt. Please note that same bears your current home address. The account records reflect that this account was opened over four (4) years ago on May 12, 2008 and was last paid to the original creditor on October 2, 2008. In your letter of July 16, 2012 you note that you elect “private contractual arbitration via JAMS to resolve any disputes between us”. Please return a copy of the agreement in which you assert you have the right to arbitrate this claim. My return envelop is enclosed for your convenience in providing a legible copy of this agreement to me immediately for review. Should you have any further questions or would like to discuss mutually agreeable payment arrangements, please do not hesitate to contact this office toll free at xxxx. However, if we do not hear from you be the of business on August 3, 2012, my client may wish to proceed to file suit against you in connection with this matter Please be guided accordingly. Very truly yours, Pressler and Pressler"
  20. After filing Motion Electing Arbitration, attorney responded with the following objections: 1. Defendant has not acknowledged he/she is a party to the contract 2. Defendant has not acknowledged that he/she used or activated the card - therefore binding him/her to the agreement. 3. Defendant has not acknowledged that he/she opened the account that is the subject of the complaint. 4. Defendant has not acknowledged that he/she received the agreement I attached the agreement to my motion. They are claiming that unless I admit I am a "party" to the contract, I cannot elect arbitration. The agreement does not define the word "party." Seems to me they are trying to get me to admit to the debt as some possible plan of attack down the road. They might even know the judge will deny it - in which case they would then have my admission on record. Anyone ever seen this? What's the best way to respond?
  21. I found an interesting piece of case law for those folks attempting to invoke arbitration against Capital One in Ohio. It reads as follows in the case of Rotman vs Capital One Bank, appealing to the 8th District Court of Appeals in Ohio when his MTC Arbitration was denied by the lower court. Doesn't exactly help me in California, but I'm looking for something similar. Perhaps it will be interesting reading for those in Ohio.
  22. 1. Who is the named plaintiff in the suit? Amex 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) (not sure I should mention this?) 3. How much are you being sued for? 7.5K 4. Who is the original creditor? (if not the Plaintiff) Amex 5. How do you know you are being sued? (You were served, right?) yes, was served 6. How were you served? (Mail, In person, Notice on door) mail 7. Was the service legal as required by your state? yes 8. What was your correspondence (if any) with the people suing you before you think you were being sued? don’t recall 9. What state and county do you live in? California, Santa Clara County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) last year, I think 11. What is the SOL on the debt? To find out: 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). already provided answer to complaint 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) no 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 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? have not received interrogatories or any discovery yet Complaint for 1) Breach of Written Contract, 2) Common Counts (Book Account, Account Stated), 3) Quantum Meruit-Reasonable Value 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. card agreement (only mentions NAF and AAA as arbitrators) recent statement with my name and acct # Hello, I recently stumbled upon this site. I had already filed an Answer to the complaint—the only good thing I can say about the Answer is that it was filed on time. Otherwise it was a weak answer—basically just challenged the amount due. I wish I’d found this site earlier. I am wondering what strategy to take….Should I pursue arbitration—perhaps by filing an MTC arbitration, or via some other mechanism? I guess I can’t try to initiate arbitration until obtaining some sort of order from the court that dismisses or stays the lawsuit? Is arbitration even permitted at this stage (since defendant’s answer to the complaint has already been filed)? Or perhaps an alternate approach at this stage is to demand a BOP, and see what they come up with? If the BOP approach is taken, should I wait until they serve discovery, or should I demand the BOP immediately? Thanks in advance for any feedback, and for this immensely informative site and all the helpful posters!
  23. I've read a lot of posts about arbitration, since I believe there may be an impending lawsuit against me. I've crossed the 3 year Virginia SOL mark with Crap1 but am still debating about going to court or selecting arbitration. I'm within the 30 day window of my initial dunning letter from a California Debt Collector/Attorney assigned by Crap1 to my case. The Question is: Do I include the Statement about invoking arbitration? And if so, what if I later decide that I'd rather go to court instead of proceeding in arbitration? How does the weight of my initial DV letter and using that sentence affect my future ability to branch to a different course of action? I've read where CA's shy away from accounts and move on to the next wounded animal when the "arb" word is used in the DV. Possible? I'd be happy if it bought me a few months of pause in their part before while deciding a course of action. My real dilemma is do I go to court and argue for Choice of Virginia law, pursuant to the Card Members agreement (there have been successful cases to site in this type of defense) or do I do arbitration? Just so you get the full picture, the alleged debt is between $20-23k. I appreciate any opinions on this matter. Best Regards, The Weary Traveler.
  24. BACKGROUND INFORMATION: I received a "required to appear" arbitration summons in Illinois for a 5 figure amount + costs. SUMMONS INFORMATION There are three pages to this packet; the arbitration summons, the complaint and an affadavit from an employee of Asset Acceptance. There are no supporting documents attached. Therefore, THE COMPLAINT The plantiff claims as follows: 1. That the defendant , XXXXXX, is indebted to plantiff, ASSET ACCEPTANCE LLC by virtue of a certain agreement entered into by defendant on or about XXX, 2007; Plaintiff has performed any and all conditions required by the contract, if any. 2. Plaintiff acquired on or about XXX, 2011 for a valuable consideration, all right, titale and interest in the account heretofore stated origianally owed by Defendant(s) to HSBC CONSUMER LENDING (USA) IN. 3. That the defendant(s) are in default of the terms of the agreement by failing to make payments due. 4. That after allowing for all credits due defendant, there is due and owing as of XXXX XX, 2011 the sum of $1X,XXX.XX. 5. That demand has been made upon the defendant for the balance due, but defendant has failed to pay and still continues to refuse to pay said balance justly due. WHEREFORE, plaintiff prays for judgement against the defendant in the amount of $1X,XXX.XX, plus costs of this action. AFFIDAVIT 1. I, XXXXXX am an employee of ASSET ACCEPTANCE, LLC ("Asset"), and am competent to testify to the matters stated herein. 2. I am familiar with the manner and method by which Asset creates and maintains its business records, including computer records of its accounts. 3. Asset's business records demonstrate that Asset purchased the receivable at issue in this case from BENEFICIAL. 4. The business records associated with the receivable demonstrate that our claim against Defendant is in the amount of $1X,XXX.XX. Can anyone give me some direction? I have been scouring the boards and have tried to pick it apart the best that I can. What kind of things should I prepare for the appearance? I am willing to type up and print out an entire arsenal as long as I can find some direction in the choose your own adventure aspects to this situation. Thank you in advance for any suggestions!
  25. was posted in arbitration, was told to post it here instead Background on this one, I I know it's probably my fault it's gone this far...... State is Pennsylvania, Luzerne county if that makes a difference.... 9 June 2008 - received a civil complaint from LVNV represented by Apothaker & Associates concerning a credit card debt - NO evidence provided or filed 27 June 2008 - I filed "intent to defend" paperwork with the county prothonotary, and same paperwork filed a request for verification and validation...sent certified mail to LVNV. As per my records, never received anything from them....as time passed, I forgot about this...... FAST FORWARD July 2012 - received "Praecipe for Appointment of Arbitrators" from Apothaker, which was granted by Luzerne county.......arbitration date is 25 July my questions....more on procedure in arbitration: 1 - as I understand it, Pennsylvania in county courts uses arbitration more as a "screening process" before actions are taken up in civil court...am I correct in that understanding? 2 - do the rules of evidence apply the same as in actual court? I am asking about rules of evidence.....they did finally provide their "evidence" as they call it: - bill of sale from Citibank to Sherman Originator dated 30 March 2007 - no direct reference to any account, and rubber stamped signature from Citi - bill of sale from Sherman Originator to LVNV dated 31 March 2007...only signature is a Les Gutierrez, absolutely no reference to any account - a list of "portfolio ID's", no resemblence to any accounts, just a list of 4 digit numbers - a generic Citibank card agreement from 2000 - no reference to any account, no signatures - a couple of account statements ranging from Nov 04 to March 05 Looking at what they sent, it is almost a direct parallel to ATLANTIC CREDIT AND FINANCE INC v. GIULIANA from 2003, but with no witnesses. Crucial part of that judgement that I'm reading: "Rule 1019(i) of the Pennsylvania Rules of Civil Procedure requires that where a claim or defense is based upon a writing, the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance in writing" - there is no actual contract that they have submitted into evidence - the generic Citi agreement does not match the billing interest rate or late fees - there is nothing to tie the chain of sale from Citi to LVNV except for 2 VERY general bills of sale with no reference to ANY specific accounts at all - the "portfolio ID" list matches absolutely nothing, it's just a list of numbers NOW....what my plan is, is to go to this arbitration and bust their evidence...using Giuliana as caselaw to say their evidence is inadmissable..... I know I let this go, I probably could have had this dismissed way back when.....but I did not know what I know now about the whole JDB bullying process...... Thoughts...opinions.....a better way?