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  1. Okay. I am going to try and explain what has happened and slow down and breath so that I can get some help from you wonderful people. I will give those of you who haven't read anything the most pertinent facts. Was sued in Sept. 2013. Served and they are saying Breach of Contract. It's for Dell. total now with interest they are stating $3600. After much research I decided to Demand Arbitration. Well, I didn't do it right. I did a MTC and Dismiss. I did not send in my Demand to Jams. I answered the Summons and went to Pre Trial hearing. I had asked for a later date then originally given and got it. On Pre-trial day we both showed up. Here's how that went: The Justice of the Peace basically went into this long song and dance about how neither one of us wanted to spend anymore time which amounts to money in his court and to go to a room and see if we could come to an agreement. He then went on to state that he did not believe it was his obligation to Compel my motion for Arbitration... He said that he would issue a Stay if it commenced. I spoke with the Attorney from Asset and she gave me the Disclosure documents and said they had been mailed. I never received them. I offered to pay her only $250 just to make it go away in monthly payments. They later sent a letter asking for $1000. Meanwhile I did another MTC and Stay instead of Dismiss and I filled the Demand for Arbitration with JAMS. I went to the court to file copies of everything and I was told by the clerk that the case had been vacated. Oh, should mention. I had the paperwork to file my copies of the Demand for Arbitration with me but the Attorney told me that I could not file it until I had a date stamp on it from the court. A bold lie. I had a dead car battery and had to call the court and tell them I was 3 minutes out. That's why I didn't file it before I went into the court. I was so worried they would say I hadn't shown and it would be over. Silly me. They said neither one of us showed as it was. I should state. I used a different Agreement and I did an Affidavit and had it notarized as the correct one and sent that to the Attorney and JAMS. I had also twice before sent letters to Asset Demanding Arbitration without the JAMS paperwork and CMRR both of those. Anyways. This time I filled out the correct JAMS paperwork, attached all the copies and requested a fee waiver and to this date still they have not responded to JAMS. I sent in a check for $25 told JAMS I would pay more if they needed it but she told me they didn't need anything from me as the Agreement I sent in stated that they would pay all of it. NOTE, my first MTC and Dismiss had a different Agreement. It was one that was before they became WeBbank, the new one was from 2010 when I made my last payment. I also, now think that I did not file my Disclosure that day. I was so confused when I left and had all my paperwork that I was going to file with the court in the same file. Yikes, what to do about that. So, here is what I have been told to do. File a Motion to Reclaim the MTC Arbitration and Stay, along with all my copies. I also want to do a Motion to Strike Affidavit. I got another Affidavit included with the MSJ it's an Affidavit of Sale of Accounts by Debt Seller it's signed by someone from Dell, says she is the /senior recovery Manager. It goes on to say other things. I am uploading it. It was not included with their original Discovery documents. And at the end of the page there is a Certificate of Conformity that they provided with an Affidavit of Sale of Account by Debt Seller it's signed by someone from Dell, says she is the /Senior Recovery Manager. It goes on to say other things, specifically that they had previously bought the account from WebBank (which they spell wrong) on May 30, 2012. This makes no sense. This was not submitted with the Discovery doc's they gave me. The Bill of Sale that I have that came with the Discovery doc's says that Cit Bank grants all right to WEBBANK, (again, incorrect spelling, the Agreement is WebBank, Asset never provided me with an Agreement), and that date is November 2009. So, from 2/2009 it went from Cit Bank, (account was current then), to WEBBANK, 9/2009, went BACK TO Dell Financial in 5/2012 just so they could turn around and sell a bunch of computer generated documents to Asset... The date they say they got the account was June 4, 2012. Something is very fishy here! Actually one document says that it was May 29 and another "sworn affidavit" says it was May 30, 2012. So who is "swearing" incorrectly!!! One more notable thing. Back when they served the Summons on me I did a search for Heather Andus and she was no where to be found. Now suddenly she is on LinkedIn and it shows she has worked for Asset for 5.5 years. I just finished going through all my documents. I had a Home Invasion in 2/2011. It was awful. But not only was it emotionally awful, I lost my computers and my files got ripped, dumped and some lost. For the last 4 hours I have been going through them. I found a collection notice from a completely different company delivered to me here in AZ with a date of January 17, 2011 on it. No wonder I missed it it was dated about two weeks prior to the Home Invasion. I also have discrepancies on one of the computer generated list of charges. One list shows three purchases that the other one doesn't.... Okay, so help me out please. I need to 1. file the answer to MSJ. I need to do a Motion to Strike the Affidavits. Reclaim my MTC Abritration and Stay. Not sure how to handle the not giving them a copy of Discovery but since I have new things I have found sense then, figure out how to write it up. I also found old back up copies of my return auth on two computers. I want to do some counter claims. They have caused me to loose one job and so many hours of sleep, stress, worry. And one other very important factor. They have an address in TX, Laredo. On my credit report I just noticed it too but it says on my credit report that the address pertains to a business. I have never lived in TX in my life. And last but not least Asset checked my credit on 1/31/2013 under Fulton, Friedman the Attorney. Then again on 6/05/2013. Why didn't they contact me and if they didn't get the account til June what were they doing checking my credit in Jan???? Asset Reported it and has checked on another credit reporting agency twice. I disputed it but the Credit Reporting Agency did not take it off. I also disputed Dell and they did remove that. The account is also listed as an Open account under type if that matters. I have been as thorough as I could be. Feel free to ask any questions and or point out any of my mistakes and all help is more then welcome! cut&pastemsj.docx One last thing. I went with Arbitration because everyone said that they would have to pay suck a huge amount of money and they never would. Now, email again today from JAMS, they are only asking them for $800. Oh, one more thing. They spell my name wrong in the MSJ. In AZ rules of Procedure it says that they have to spell your name correctly.
  2. Has anyone come across a medical debt that could be sent to arbitration? I ask because I'm trying to take stock of all my options. I'm trying get a medical debt away from the clutches of a collection company.
  3. I am pretty sure i am too late but i would like some advise on what to object against in my non-binding arbitration case coming up in a day. Cach LLC bought a BoA cc debt. The initial complaint showed an affidavit that they bought the account from BoA, the account number also happened to change, there was only a screen shot from what appears to be an account balance page, with my name and the new account number. There is no purchase agreement between BoA and Cach LLC showing the new account number. They just wrote in the complaint that the account number changed. I answered the complaints, followed the request for admissions and interrogatories examples i saw on this site. I received an arbitration memo from cach llc lawyers stating that i didn't dispute the facts that i merely stated that they needed to prove their case. At this point it looks like i am going to lose but I am looking for advise on general proceedings. I intend to object on the grounds that cach llc is collecting on two different accounts, providing a screenshot with my name and a different account number does not prove that both accounts are connected. Any advice will be appreciated.
  4. Interesting article in Washington Monthly on how the Supreme Court handed major US corporations the shield of arbitration against consumer and employee lawsuits over the past several decades. The greatest effect has been to deter class actions. While I believe well informed consumers can proactively and strategically use arbitration in certain instances, this article is a great read on how corporate America created immunity from a great deal of litigation where consumers have a legitimate complaint to pursue. Please see: http://www.washingtonmonthly.com/magazine/junejulyaugust_2014/features/thrown_out_of_court050661.php?page=1
  5. I just called the courthouse, and the "closed administratively" entry from yesterday was a granting of the MSJ. Now, I will need to appeal. Too upset at the moment to do anything but be upset, so will look up costs of appeal, and get funds out of joint account. EDIT: Jeesum. Just to file the appeal is $550. WTF.
  6. I am ordered to stay proceedings pending Private/Contractual Arbitration. Proceedings stayed for 30 days for defendant to initiate arbitration. My question is: I know I need to prove the judge I initiated JAMS, do I send a cover letter to judge stating that I initiated Jams and please find enclosed proof of service and copy of Initiation cover letter? I also send the same documents to lawyer/ firm of the OC? Letter smth like below? Judge name Judge address My name My address Case Number: RE: Arbitration Initiation Order Dear Sir/Madam Please find enclosed a copy of the Arbitration Initiation letter that was filled with JAMS (together with the corresponding attachments) and proof of service. Thank you in advance. If you have any questions do not hesitate to contact me at: xxx-xxx-xxxx. Regards, Typed name Please jump in and advise!!!!!
  7. This is an update to a post of mine from way back when...I think the last post was in August...possibly September. My apologies, I can't find it so I can't refer to it. Brief scenario. Dell Financial Asset Acceptance claims they purchased the alleged debt Johnson Mark hired to "go for the juggler"....the idiot attorney actually said that in court documents. The bonehead. I had done all the wrong things. JM snuck it under the wire calling it Mandatory Arbitration (state of Oregon), failing to say "court ordered" so I never questioned it...many thanks to those of you that educated me on the difference so I could start screaming they tricked me on purpose. I was late on responding to items..but then, so were they. I was handed a book to read about how to win against Asset Acceptance (herein referred to as AA). (LOL..can you tell I've been typing tons of papers....LOL). I put the book to memory...saw some really cool ideas and went for bear. Scared to death, I faced them down....looked them square in the eyes and said more or less, "bite me". They won in court appointed arbitration. I appealed and court date set. I showed up in court, they called in (however, I have since learned in the state of oregon, lawyers are not permitted to represent in small claims court...they can't go to the hearing). I never whined, but will if I have to use that. SOL expired while I was living in California. They waited til I moved to Oregon to file, and cited Utah and Texas laws as being primary over California. Only used Oregon when it looked like it would help them. I said..."bite me". I refused to back down. I searched and searched and called everyone I could think of until miraculously, someone at Dell quietly snuck me an email....an older agreement 2006 (mine was from 2003). In the appeal following my loss in court appointed ARB, I forced the JAMS arb issue as it states in the agreement, JAMS is mandatory...also states they pay 100% of fees if we go to arbitration. I pushed and pushed and pushed. I demanded JAMS in every document in every letter. I also screamed from day one, SOL had run out and AA was pulling the crap they were fined for by Federal Court ($2.1 million) in 2012 (??? I think it was 2012). I kept screaming. Kept kicking.... In the end, the Judge threw out their win from initial court appointed arbitration citing the original agreement as binding. JAMS it is. I filed, I included everything that should have been included in the original response and subsequent discovery papers, but didn't know any better. I hit them with everything I had including all their screw ups that they will be fined for. JAMS accepted it on March 19. March 27, I received an offer of .... cough cough... settlement. Pffft. A get out of jail free card for AA. I will not sign it. It is garbage. AA did not send a copy of the settlement offer to the court, as the Judge had ordered. So I called the Judge's office. They now have a copy of the cover letter wherein they say they are not inclined to participate in JAMS arbitration. Course not, JAMS sent them an invoice for $800. (Remember, they pay all fees.) And they say I owe $1,100. They already owe me $350 for what I have had to file...citing same clause in agreement. AA has offered my original demand for "dismissal with prejudice". Lovely. That's what I wanted a year ago. They offered without prejudice then. I told them where they could go and told them they no longer had permission to contact me for any reason except to offer a settlement of "dismissal with prejudice". Hence, the offer came straight to me. I spoke to JAMS earlier today, they have been calling JM for AA trying to get a response. They will try for 30 more days to get a response and them will send me a letter to give to the court showing we have both attempted to follow the court order but the respondent refuses to engage. YAY. So...here I sit staring at the offer. They are attempting to keep it out of California. No dang way. That paragraph goes. They want this confidential saying I can't discuss it. Not likely. Something like that will cost them...made payable to ME. That paragraph will be changed. The don't want me to file any more charges...PFFFFFT. They broke the law and want me to shut up? Not sure how much that is worth...possibly priceless. I may just say "bite me". I am open to any and all comments on how to modify this agreement so I don't get taken again. They are crooks and I just won't sign. Oh, and they say at the end that I am represented by counsel. They are full of it...they know I have no money for counsel. I did everything on my own with some help from several of you here in this forum (I adore you all). Please, please feel free to comment...good and bad. I need straight talk. Thanks so much!
  8. Hello everybody, I'm asking this question for a friend, because I don't know the answer. She is being sued by Midland for less than $1,500, and has already elected arbitration prior to even answering the lawsuit. Midland of course has ignored her electing arbitration and has propounded discovery. How does a person respond to discovery without waiving their right to arbitration? Also, she has already set up a motion date for her motion to compel but that isn't for two more months, far after her allowed time to respond to discovery. Perhaps @calawyer can chime in here, as well as anybody else familiar with Cali and arbitration. Thanks in advance!
  9. Just got off the phone with the scheduling clerk at the courthouse. I have a date for my Motion to Compel to be heard. What's interesting is that the attys for CACH opened the case--hours before I got to the courthouse to file my motion--but have filed no paperwork, nor have they requested any hearing, etc. The clerk was a little confused. Why would I want to schedule a hearing? It was gratifying, though, to have her say, at the end, "Sounds like you have it under control." Yeah. Because of good people who are willing to share their experience and knowledge! The other good news? I can send my Proposed Order to the judge by email, instead of slogging into downtown in this brutal weather that won't go away. YAY for that! I do have a question for anyone who is familiar with this particular wrinkle. I was sent discovery and rogs, a little over two weeks ago. I plan to send my answers to the rogs in order to avoid the "you didn't deny it, so you admit it" conundrum. But I would much prefer not to get into Discovery, as it could trigger the argument that I've gone too far in the judicial process to now go to JAMS. In addition to what I did when I sent the Motion to Compel to the other party, which was to argue that Discovery is best left for the determination of the JAMS arbitrator, does anyone have any suggestions?
  10. Hi, I am planning to file Arbitration under the terms of one of the credit bureaus credit monitoring contracts. It has an Arbitration clause with AAA as the forum. I have multiple trade lines to dispute that this one particular CRA has refused to properly investigate, despite my many letters sent CMRRR. My question is primarily one of strategy. I can combine all of the disputes into one large complaint, which will make the process more manageable. However, I am considering filing separate arbitration demands as they each have slightly different issues and FCRA violations, and the arbitration fees required by the CRA will likely bring them to the table to resolve the dispute. It would be great if anyone has had a similar issue, or can offer some general thoughts on the strategy of a combined claim vs. individual claims. Thanks!
  11. Hi there. I'm being sued by Unifund LLC, and they are represented by Daniel Gordon here in Oregon. I filled in the following questions: 1. Who is the named plaintiff in the suit?: Unifund, llc. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) : Daniel N Gordon, Eugene, OR 3. How much are you being sued for? : $11xxx.00 plus interest 4. Who is the original creditor? (if not the Plaintiff) : Citibank 5. How do you know you are being sued? (You were served, right?) : I was served. 6. How were you served? (Mail, In person, Notice on door) In person (my husband) 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? : Only letters from them - I never replied. 9. What state and county do you live in?: Oregon, Multnomah 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations): 2009 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or B)looking it up online (many states have this information posted - when you find the online court site, search by case number or your name): Plaintiff and I have both been sent a list of arbitrators. Mandatory arbitration in Oregon for money suits under 50,000. I still have to send my list in with names crossed off. 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? : I answered the summons on time. And I received the questionnaire - also answered. I just returned the Requests for Admission also. They are claiming breach of contract. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits.: Affidavit from a Citbank employee, Bill of Sale and Assignment, two credit card statements. I am at the point where I need to send my own interrogatories. I was doing ok unitl I realized that arbitration wasn't exactly mediation and that it might be worse than court. Now I'm freaking out. Daniel Gordon wins most, 90%, of his cases because he gets default judgments. I don't know what happens with the other 10% but I'd prefer to be one of them. Thanks!
  12. I was sued by Midland Funding in Washington represented by Daniel Gordon. They were able to get a judgement against me but the Judge told me I can still file for arbitration... My first question is how can I apply for arbitration? My second question is can they emforced a judgement in Washington here in Callifornia. I just want to know if I have time to apply for arbitration coz I am very short in money. Thank you very much.
  13. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  14. I've gotten a lot of information from this forum, but now that this court date is real and getting closer it's hard to really get a grasp of what to do. I thought I was prepared but clearly I am not. The debt was initiated in May of 2009, charged off in May of 2010 and last reported on my credit report August 2011. To the best of my knowledge I can say that I completely ignored all collection efforts for this debt. In January of 2013 I decided to repair my credit by paying off old debts. I contacted Midland funding who had two accounts of mine. I paid a settlement on one and when asked about this account they told me they cant discuss it and to contact the law firm (Forster and Garbus). I called the law firm to request information, they asked for my name and I gave it to them. They said they had no info under my name. I gave the the account number instead and they located an account with a name similar to mine but the spelling off. For example, if my name were John Doe, this account was for John Dop. I never once agreed to pay anything or acknowledged myself as John Dop. Furious with the person I spoke with I ran to this site and began searching for help. This is how i began: 1/25/13: -Started disputes with all three credit bureaus on all negative marks - Sent DV's to Midland Funding and Forster and Garbus CMRR: "I have just pulled a copy of my credit report and noticed that your agency is reporting that I owe you a debt. I was not aware of this debt until now and under my right under the FDCPA, I request you validate this debt" 2/25/13 -Sent another letter: "This letter is a follow up for the previous debt validation request. I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private private contractual arbitration via JAMS to resolve any disputes between us. Pursuant to the terms of the agreement, I am requesting the advance of the arbitration filing fee. All phone calls are inconvenient, so any further communication must be my mail" 5/22/13- Received response from Forster and Garbus, included was ONE statement, NO signature and a Balance due of $1090.51: "BALANCE DUE: 1090.51. In response to your request here are billing statements" **Something to consider? Statement Balance from 2010 was 1058.17 7/23/13-Served. -Two things stand out to me in the complaint: "3. There remains an agreed balance on said account of 1058.79 due and owing on plaintiff's cause of action. No part of said sum has been paid although duly demanded" **Something to consider? Balance different than two previous balances stated "5. Plaintiff, as owner, is authorized to proceed with this action" **By answering to the complaint, do I acknowledge debt? 7/30/13- Answered the complaint with, I believe the term was, General Answer?(Didn't write anything down). I did sign and acknowledge myself as "JOHN DOE being sued as JOHN DOP", as that is what the clerk told me to do. I told her JOHN DOP is not me and that is what I should write. 8/7/13-Received letter from Forster and Garbus thanking me for responding to the complaint and would like to settle. I did not contact them. But at the bottom of said letter was a battle to be paid of $1,252.09 ****Different than all three previously stated balances. I just received my court date last week and I am so nervous. Do I file any motions now or do I wait for the first court date? Why is it that we are in a civil case even though I had requested JAMS from the beginning. I had printed out a credit card agreement. Why are there so many different balances owed? At this point I'm not sure where to begin. Btw, my court case is in Suffolk County NY and I moved to Nassau County just recently.
  15. I found my old contract, actually not mine but one dated the same time I originally took my loan out. It was in 2009 and back then it was a loan, not a credit card and it says that if there are any... well, here you can read all of this, Assignment of Account. We may sell or transfer your Account or any amounts owed on your Account to another person at any time without prior notice to you. If we assign your Account, this Agreement will still be in effect and any successor will have our rights in this Agreement to the extent assigned. You shall not have any right to transfer your Account or assign this Agreement to anyone. Telephone Monitoring. Telephone communications with us, including calls with any of our agents or independent contractors, are routinely monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone, to being monitored or recorded. Mobile Phone Communications. If you have already or in the future provide us with a mobile phone number as your contact number, you expressly authorize us, and our agents or independent contractors, to contact you regarding your account for non telemarketing communications, via text message or mobile telephone, including by way of pre-recorded or auto-dialed calls, using that mobile phone number. Normal mobile phone charges or text message rates may apply. Your consent to use your mobile phone number can only be revoked by calling 1-800-283-2210 or by sending a written notice to us at the following address: Dell Financial Services PO Box 81575 Austin, Texas 78708-1575 Any revocation by you regarding your mobile phone number shall not revoke our right to contact you utilizing any other contact information you previously provided to us or may provide later. Change of Address. If you move or change your billing address or e-mail address, you agree to promptly notify us of your new address in writing or online at www.dellfinancialservices.com Authorized Users. You may give another person authorization to use your Account. You are liable for all use of your Account, and you agree to pay all amounts incurred by the use of your Account, made by you or anyone to whom you have given authorization to use your Account. Liability for Unauthorized Use. If you notice the loss or theft of your Dell Preferred Account or a possible unauthorized use of your Dell Preferred Account, you should write to us immediately at: Dell Financial Services, Attn: Security Department, PO Box 81565, Austin, TX 78708 You will not be liable for any unauthorized use that occurs after you notify us. You may, however, be liable for unauthorized use that occurs before your notice to us. In any case, your liability will not exceed $50. Unauthorized use does not include use by a person to whom you have given authority to use the Account. Credit Investigation and Reporting. You agree that we may investigate your credit in connection with the initial extension, review, or collection of your Account. You agree that we may examine employment and income records and verify your credit references and also may report to credit reporting agencies, merchants, and other creditors the status and payment history of your Account. Delay in Taking Action. We will not lose any of our rights under this Agreement if we delay taking action for any reason. To the extent allowed by law, we may take other action not described in this Agreement, and by doing so will not lose our rights under this Agreement. Severability. If any provision of this Agreement is found to be unenforceable, all other provisions shall remain in full force and effect. Applicable Law. The laws of the United States of America, including the Federal Arbitration Act, 9 U.S.C. Sections 1-16 (the “FAA”), and the laws of the State of Utah apply to and govern this Agreement and your use of your Account. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ARBITRATION NOTICE THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING TO YOUR ACCOUNT MAY BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT, AND ARBITRATION DECISIONS ARE SUBJECT TO VERY LIMITED REVIEW. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. 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. Arbitration. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract, tort, intentional or otherwise, constitution, statute, common law, or equity and whether pre-existing, present or future including initial claims, counter-claims, cross-claims and third-party claims), arising from or relating to you applying for, obtaining, or using this Account, this Agreement (including the validity or enforceability of this arbitration clause, any part thereof or the entire Agreement), or the relationships which result from this Agreement (“Claim”) shall be decided, upon the election of you or us, by binding arbitration pursuant to this arbitration provision and the applicable rules and procedures of the arbitration administrator (including any applicable procedures for consumer-related disputes) in effect at the time the Claim is filed. The party initially requesting arbitration shall select either the American Arbitration Association (“AAA”) or JAMS as the arbitration administrator. You may change the selection to the other organization listed within 30 days after you receive notice of an election to arbitrate. If a selected arbitration administrator does not agree to arbitrate a Claim, the remaining arbitration administrator shall be selected. Claims may be referred to an administrator other than the AAA or JAMS if both AAA and JAMS are not available. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. It is the intent of the parties to require Claims to be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person. For the purposes of this arbitration provision, the terms “we” and “us” shall mean WebBank and Dell Financial Services, L.L.C., their parents, direct and indirect subsidiaries, affiliates, licensees, predecessors, successors, assigns and any purchaser of the Account or any receivables arising from the use of the Account, and each of their respective employees, directors and representatives. In addition, for the purposes of this arbitration provision, “we” and “us” shall mean any third party providing any products or services to you or us in connection with the Account (including but not limited to any credit bureau, debt collector or merchant, and including their parents, direct and indirect subsidiaries, affiliates, licensees, predecessors, successors and assigns, and each of their respective employees, directors and representatives) if such third party is a co-defendant with us in any Claims asserted by you or if any Claims asserted by you against such third party arise from or are related to the Account or any products or services provided to you or us in connection with the Account. For the purposes of this arbitration provision, the term “you” shall mean you and any person authorized by you to use the Account. Any arbitration pursuant to this provision may be resolved without an in person hearing, as determined by the arbitrator. If a hearing is held, it shall take place within the county or parish in which you live or at such other reasonably convenient location as agreed by the parties. In any arbitration, we will pay the entire amount of the arbitration fees, including any required deposit. Each party shall be initially responsible for payment of their own attorney fees, witness fees and similar expenses. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation and shall honor all claims of privilege and confidentiality recognized at law. The arbitrator shall have the sole and exclusive authority to resolve any dispute relating to the enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the Agreement or the arbitration provision is void, voidable, or otherwise invalid. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. At the conclusion of the arbitration, the arbitrator may allocate arbitration fees in accordance with applicable law, provided that such fees do not exceed the filing fees that would have been incurred if the Claim had been brought in a state or federal court with jurisdiction over the Claim. Where authorized by applicable law, the arbitrator’s award may also include attorney fees, witness fees and similar expenses. At the request of any party, the arbitrator will provide a written explanation of the basis for the award and the disposition of each Claim, including written findings of fact and conclusions of law. Judgment upon the award may be entered in any court having jurisdiction. This arbitration provision shall survive termination of your Account as well as the repayment of all amounts you owe under the Agreement. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). In the event of a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, this arbitration provision shall govern. YOU ACKNOWLEDGE THAT IF A CLAIM ARISES YOU MAY BE REQUIRED TO RESOLVE THE CLAIM THROUGH ARBITRATION AND ARE GIVING UP YOUR RIGHTS TO LITIGATE THAT CLAIM IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. You may contact the arbitration administrators and obtain their arbitration rules or learn how to file a Claim with the AAA or JAMS as follows: JAMS 1920 Main Street, Suite 300 Irvine, CA 92614 (949) 224-1810 www.jamsadr.com American Arbitration Association 1633 Broadway, 10th Floor New York, NY 10019 (800) 778-7879 www.adr.org STATE SPECIFIC DISCLOSURES As required by federal and Utah law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Notice for all accounts, including New York/Rhode Island/Vermont Residents: You agree to give us permission to obtain a credit report from a consumer reporting agency in connection with this application, any transaction, or extension of credit, and on an ongoing basis, for the purpose of performing a routine and occasional verification of credit on your Account, adjusting the credit limit on your Account, taking collection action on your Account, or for any other legitimate purpose associated with your Account. Upon your request, you will be informed of whether or not a consumer credit report was ordered, and if it was, you will be given the name and address of the consumer reporting agency that furnished the report. New York residents may contact the New York State Department of Financial Services at 1-877-226-5697 or at 1 State Street, New York, NY 10004 to obtain a comparative listing of credit card rates, fees and grace periods. Notice for California Residents: California law requires that we inform customers that should they fail to fulfill the terms of their credit obligation, a negative report reflecting on their credit record may be submitted to a credit reporting agency. If you are married, you may apply for a separate account in your own name. Notice for Ohio Residents: The Ohio laws against discrimination require that all creditors make credit equally available to all credit worthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio civil rights commission administers compliance with this law. Notice for Married Wisconsin Residents: If you are married, by submitting your Account application you are confirming that this Account obligation is being incurred in the interest of your marriage and your family. No provision of a marital property agreement, a unilateral statement under Sec. 766.59 Wis. Stats., or a court decree under Sec. 766.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement, or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If the Account for which you are applying is granted, you will notify us if you have a spouse who needs to receive notification that credit has been extended to you. Basically, it says that I can choose to Arbitrate instead of go to court. I don't believe I owe them anything as I returned the product and I disputed the debt but... based on this alone, it seems like a good thing to add to the response to the summons maybe as it makes the entire law suit and or the Venue NOT APPLICABLE and should be subject to dismissal. The next question is, is Arbitration worse and would I then be agreeing that I owe anything????
  16. I defaulted on my BoA account back in 2009. In 2011, BoA charged off my account and sold it to Asset Acceptance. I am now being sued by AA. On 8-7-2012, I filed a MTC arbitration. It has been over 2 months and I have not heard anything from the court concerning my motion. In September I received AA's Combined Interrogatories, Request for Admissions, and Request for Production of Documents. Q1: Why has the judge not ruled on my motion? How do I find out what is going on? Q2: Do I have to answer these requests? I don't think I should since this is the wrong jurisdiction. I live in Ohio and the court system is very friendly to arbitration. If I have to answer then I might as well throw in the towel since I"m making their case for them. I posted this on another forum and here are some responses: "Do you have to schedule a hearing with the clerk in your location in order to get your motion heard?" I had no idea I had to do this. "Have you filed a Motion for a Stay of Discovery pending a ruling on the MTC?" This is why I posted in the first place... to figure out what I need to do. "I would object to the JDB's discovery, on the grounds that arbitration has been elected, and there is a motion on arbitration pending with the court." And how would I object to this? File a motion? Schedule a hearing? Can anybody here give me some pointers on what I should do? Do I need to schedule a hearing for my MTC arbitration? thanks in advance, Mal
  17. I just received a summons yesterday. I live in will county Illinois and apparently all cases over $10,000 have to do mandatory non-binding arbitration. Plaintiff is FIA card services (I googled them and it said they are bank of america but BOA is not mentioned at all on any of the paperwork) This is what I received: Complaint Now comes the Plaintiff, by and through its attorneys, Blitt and Gaines PC and complaining of the Defendant(s), states as follows: 1. The Defendant(s) utilized a charge account and/or line of credit issued by Plaintiff or its assignors whereby Defendants(s) could charge goods and services to their accout and/or receive cash advances. 2. The Defendants(s) subsequently defaulted by failing to pay for the indebtedness incurred resulting in the balance due Plaintiff of $10,285.38 3. Due demand has been made on the Defendant(s) to pay this amount and the Defendants(s) have failed to do so. WHEREFORE, Plaintiff prays for judgement against the Defendant(s) in the amount of $10,285.38 plus court costs. I obviously will deny all 3 of these but I don't know the exact wording I should use. Do I need to file an answer with the court? My summons says I have to be in court room # and then it gives a time to answer the complaint. I was thinking I need to file an appearance and answer to the complaints. Also attached were 2 affidavits the first one says: FIA Card Services, N.A. Plaintiff v. me Case no. left blank AFFIDAVIT The undersigned, being duly sworn, makes the following oath: 1. I am over 18 years old and competant to make this affidavit. I am a Custodian of Records and an authorized Officer of Plaintiff FIA card services, N.A. for the purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Plaintiff maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity: (1) at or near the time the events they purport to describe occured, by a person with knowledge of acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Plaintiff maintains its business books and records. 3. The books and records of Plaintiff show that Defendant(s) opened account with FIA services, N.A., or a predecessor in interest, for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the aquisition of goods, services, or cash advances in accordance with the customer agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Plaintiff show that Defendant(s) is/are currently indebted to Plaintiff on account number (they only list the last 4) for the just and true sum of $10285.38 and that all just and lawful offsets, payments, and credits have been allowed. The customer agreement entered into between the Defendant(s) and the Plaintiff, or a predecesor in interest, also authorizes to recover from Defendant(s) reasonable costs to the extent permitted by law. 5. I declare under penalty of purgery that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Then its signed and notarized by the affiant from North Carolina The second affidavit is ab affidavit as to military service. I was thinking to file a motion to strike this affidavit but I don't know how to write it. I was also thinking I could summons the person from North Carolina. (he won't show up) Can I file both a motion to strike and a summons? That doesn't make sense to summons somone and strike the affidavit at the same time though? If I file a motion to strike affidavit how I will refer it to the first one they arent labeled as "exibit A" or anything. I feel that this affidavit proves nothing. They don't mention the dates of the "so called" account. Should they have to prove it by putting date opened and last date paid? Should they have to prove the "transactions" from zero balance to the $10,285.38? I know there is something called discovery but I'm not sure when this happens. The arbitration is a 2 hour thing and I don't know if I can request it and have it done before the court date. PLEASE help I have posted a link about the mandatory arbitration http://www.willcountycourts.com/index.php?option=com_content&view=article&id=175&Itemid=168
  18. Hi folks, I origionally posted this in Is there a lawyer in the house, I thought this might be a better forum. It's been a while since I've posted here, but the following has me somewhat confused. I have tried to explain the details to the best of my ability, and I would really appreciate some input on your thoughts and what to do next. Our primary residence is in Foreclosure with an attorney handling the case on our behalf. It seems to be in a stalemate position at the moment. I received a letter from another attorney/debt collector regarding the 2nd Mortgage/HELOC on the property, I have sent the letter over to my attorney for their files. I sent the attorney/debt collector a debt vaidation letter, to which they first replied with an Affidavit of Debt as debt validation (it is written on the top of the Affidavit) also the affidavit is marked "Exhibit A" although there was no other paperwork/documents supplied. They have not filed a law suit in this case. I would like to mention at this time that I have also checked my current credit report which states that the account is CLOSED. In our debt validation letter there is a paraghraph regarding arbitration. It reads....If the alleged agreement has any arbitration clause that waives your litigation rights over this alleged debt, I hereby envoke it, elect arbitration,and waive (banks name here) and it's assignees right to litigate in this matter, per the underlying arbitration clause. The Banks Attorneys have now sent me a AAA supplementary procedures for consumer-related disputes form which they have filled out, IN MY NAME, and paid a $1500.00 fee. It is marked as a request of the consumer on the form. There is no signature on the form from me and I have not contacted AAA to request arbitration. My question is: Can they file an arbitration request in my name without my permision? All I have said is that I want to envoke the arbitration clause? Also does anyone know if Florida is a Security First State? Many thanks for you help and advise. Mick.
  19. Hi folks, It's been a while since I've posted here, but the following has me somewhat confused. I have tried to explain the details to the best of my ability, and I would really appreciate some input on your thoughts and what to do next. Our primary residence is in Foreclosure with an attorney handling the case on our behalf. It seems to be in a stalemate position at the moment. I received a letter from another attorney/debt collector regarding the 2nd Mortgage/HELOC on the property, I have sent the letter over to my attorney for their files. I sent the attorney/debt collector a debt vaidation letter, to which they first replied with an Affidavit of Debt as debt validation (it is written on the top of the Affidavit) also the affidavit is marked "Exhibit A" although there was no other paperwork/documents supplied. They have not filed a law suit in this case. I would like to mention at this time that I have also checked my current credit report which states that the account is CLOSED. In our debt validation letter there is a paraghraph regarding arbitration. It reads....If the alleged agreement has any arbitration clause that waives your litigation rights over this alleged debt, I hereby envoke it, elect arbitration,and waive (banks name here) and it's assignees right to litigate in this matter, per the underlying arbitration clause. The Banks Attorneys have now sent me a AAA supplementary procedures for consumer-related disputes form which they have filled out, IN MY NAME, and paid a $1500.00 fee. It is marked as a request of the consumer on the form. There is no signature on the form from me and I have not contacted AAA to request arbitration. My question is: Can they file an arbitration request in my name without my permision? All I have said is that I want to envoke the arbitration clause? Also does anyone know if Florida is a Security First State? Many thanks for you help and advise. Mick.
  20. 3 years ago I went through AAA arbitration with an OC. I didn't show up for the hearing and lost by default. The arbitrator ruled "costs as incurred" in accordance with the AAA rules in place at that time. The OC threw a fit and sent a scathing request to reconsider. It was denied, again because the AAA rules said attorneys fees could not be awarded, so the OC was supposed to be stuck paying their own legal costs. They have never tried to garnish wages or otherwise try to pursue their award (I'd have to file BK if they did), but the other day I was looking at the case on the court website and noticed that when they went back to the court to have the award confirmed, they got the judge to award their fees. I don't remember this happening, but it was 3 years ago and my memory is not great these days. I'm sure if I dug through the mound of documents I have from the case I'd find the final judgment from the court awarding their fees. My question is what would I file with the court to have their fees reversed? And, considering the fact they haven't done anything to pursue this since they got the judgment, should I let sleeping dogs lie?
  21. I have received a summons with complaint from Daniel N. Gordon on behalf of plaintiff Midland Funding, LLC. Both the plaintiff and defendant reside in Oregon. I sent my answer certified mail and denied ever owning said credit card or legal contract with Chase Band or Midland Funding, LLC. On July 17th they sent me a letter stating, “Enclosed please find the document per your request for validation of your debt with or law office”. Included was CC statements and chain of title, also some field data from Midland Credit containing the acct. number, name, last 4 digits of SS#, address home phone # and account info. I have been advised by the court that the case has been moved to arbitration. I have as of yet picked an arbitrator. Daniel N. Gordon has sent me a production of documents and a request for admission, 26 in all, WOW. Any help in answering these would be greatly appreciated. Thanks, Just me
  22. Hello Forum... First, I received and read my summons and sent a cease all communications letter to OC. I then typed a MTC Private/Contractual Arbitration And Dismiss Or In The Alternative, To Stay Proceedings Pending Arbitration. I filed this MTC first with the Clerk even though he told me I didn't need to before my Answer was filed. I think in Florida you must MTC first, and then answer. Next, I filed my Answer stating that I elect private arbitration according to the card holder agreement in American Express Blue Cash. I then filed an Order Granting Defendant's MTC Private/Contractual Arbitration using JAMS. I sent my intent to elect arbitration to both OC and credit card company with returned receipts with in the 20 days. I received a call from the Judges office to set up a hearing on my MTC with the OC. Hearing was yesterday with OC on the phone. Judge asked me what my motion was and I said that I wanted to MTC for arbitration and that I elected to use JAMS. Judge asked OC if this was OK with them...OC said yes it is OK for Defendant to use arbitration but that they wanted to use AAA and that I am not able to use JAMS per my card agreement that they sent me. I told the Judge that I have another card agreement that includes JAMS and AAA. Where older agreement uses NAF and AAA. Judge said no I can't use it. OC made some statement that I could not really hear very well; all I heard is that my demand was unreasonable and would not pay for any arbitration fees and that I must use AAA. I had asked in writing for the Credit Card Company to advance fees for arbitration as stated in the agreement. I asked the judge if using one arbitration company is common practice. Well, that didn't set well. I was lectured that the court or the judge was not concerned about fairness because any one of the arbitration are fair to use and that is how the process works. The judge signed my MTC Private/Contractual Arbitration saying and writing on the Order that I must initiate in AAA within 45 days. The end. Question and Help... Can someone please explain or help with the clause that American Express uses with electing arbitration and its survivability clause. My card agreement was from December of 2004, and my last transaction with American Express was mid 2012. I have both agreements, and 2012 states that I can use JAMS or AAA. The 2009 statement sent in the summons by OC states that I must use NAF and AAA. I do not know what the 2004 agreement states. AAA website states that they do not do consumer debt collection effective late 2009. Is there a clause to this statement. OC sent me a copy of a 2009 agreement in my summons that has NAF and AAA. I thought I could use the card agreement from 2012 which was the last time I made a payment. Here is the document that AAA provides on its website: "Notice on Consumer Debt Collection Arbitrations On October 19, 2010, the National Task Force on the Arbitration of Consumer Debt Collection Disputes released the Consumer Debt Collection Due Process Protocol Statement of Principles. That Protocol sets forth a number of important principles that need to be addressed and incorporated into consumer debt collection arbitration programs to help ensure that a fair and adequate arbitration process is made available to the parties. However, the AAA's previously announced moratorium on debt collection arbitrations remains in effect. That moratorium was instituted based on public discourse and an evaluation of the AAA's own experiences. Matters included in this moratorium are: consumer debt collection programs or bulk filings and individual case filings in which the company is the filing party and the consumer has not agreed to arbitrate at the time of the dispute, and the case involves a credit card bill, a telecom bill or a consumer finance matter. The AAA will continue to administer all demands for arbitration filed by consumers against businesses as well as all other types of consumer arbitrations." I was thinking of filing a MTReconsider to elect JAMS arbitration and dispute new findings that AAA does not do consumer debt collection and that currently there is a moratorium. Thankyou
  23. I've been trying to be proactive with any collection letters I receive by requesting a DV and JAMS usually 30 days from receiving the CA's first communication intent. So far, this strategy has been effective except with one agency. After requesting the DV/JAMS from this particular CA, 3 months later, I received a set of statements indicating that the account had been verified. I then further sent them another letter indicating that this account still remains in dispute and I continue to elect JAMS to resolve any issues. Yesterday, I received their response asking me to initiate arbitration via JAMS or AA. Here's my problem; I've noticed that the statute of limitation for this credit card has past in the state where this credit card does business. In my state, the SOL will be over in about 6 months. Should I initiate JAMS at this point or should I wait to see what this agency does? The way I see it is that I already set up this case so that if the agency decides to sue me, I can motion to request arbitration at that time. I just don't want to open a can of worms if I don't need to. Maybe riding out some time until the SOL reaches its limits may be the best approach...I'm not sure..
  24. Hi there. I have lurked on debt forums for a few years now and am only just now posting. I successfully settled $100,000 worth of credit cards with Chase, Bank of America, and US Bank, all of whom settled for about 25-30% of the debt. In retrospect it seems almost painless. My husband had lost all of his work as a contractor after the housing bubble and we lived off credit cards for 6 months. That's all it took to get completely underwater and we couldn't recover. A wonderful friend loaned us some cash so we could settle instead of declaring bankruptcy. So, Citibank, the only one left, would never accept my offers. I believe the balance was about $9700 when I stopped paying in 2009 (maybe 2010 - SOL in Oregon is 6 years so it doesn're really matter). They sold the debt to some middleman, who sold it to Unifund, and I have been ignoring them for 3 years. I finally got served in April, by debt collecting attorney Daniel Gordon in Eugene - he's famous! He even made the cover of the Willamette Week here in Portland for successfully ruining thousands of lives. According to Mr Gordon and Unifund, I owe them about $15,000 - $11,770 from the original debt plus 9% interest. I answered the summons, answered all of the initial questions, and indicated that I was representing myself. I haven't talked to an attorney yet. I received a Request for Admission which I answered last week, within the time frame allowed. I answered all of the questions truthfully, as it seems is recommended. The questions I answered by indicating that I "lacked the information to affirm or deny" were all the questions about receiving every bill, the ones about the chain of custody of the debt, the actual amount of the debt, the breaching of the contract, etc. I added only the briefest explanations to those answers. Apparently there is mandatory arbitration for these kinds of lawsuits here in Oregon (or Multnomah County) - under a certain amount, and financial in nature. I was sent a list of attorneys and told to cross off two names (I looked them all up - definitely crossed off the guy who ONLY does arbitration and no other legal services). So, I know I can read through the many posts about arbitration and get some advice, but I guess what I really want to know is if I can actually do this without a lawyer. I had a panic attack today after reading about how arbitration usually ends up favoring the plaintiff in credit debt lawsuits. I planned to start preparing my discovery for documents, to be ready for what comes, but now I'm just plain scared. My defense at this point is that I had a credit card account with Citibank at one point that I stopped paying, but that I am not convinced that I owe Unifund $15,000, and that I hope I can convince an arbitrator of the same. Thanks!
  25. Hi. My husband was sued by JDB Midland Funding last year. Suit was filed Feb 8, 2012. We weren't served until June 7, 2012. We are in Texas and the venue is JP Court for approx. $7,000 plus interest ad fees. We immediately sent a VOD since we were unaware of the debt. Midland never answered, (from what I understand in TX there is no time restriction about when you can DV, but the DC has to answer within 30 days, or it's a violation. Don't know if this applies once the suit has been filed). We also filed our answer, etc. A year went by and I was hoping the case would be dismissed for Lack of Prosecution, but we just got a letter with a court date in June. My dilemma: 1) We have not received so much as a generic contract from Midland or their attorneys. I have typed up Interrogatories, Requests for Disclosure and a letter to the Judge requesting permission to conduct Discovery. Since they would have 30 days to reply, do I also file a Motion to Continue? 2) I am so confused as to whether to elect arbitration and if so, with who. I have been reading anything and everything for weeks, now. I have heard that AAA will not enter into arbitration with Midland due to them not paying fees. Does this mean if I elect AAA the case will die because the won't do business with Midland, or does that mean I have to go with JAMS? I've read that JAMS is a better way to go than AAA, but is arbitration itself a better choice than court due to the fees charged to the JDB? 3) Does anyone know per Texas law (a) Does the right to elect arbitration get waived if you start discovery? and (b How long in Texas before trial do you have to elect arbitration? I have read in some states you can do it right up to 25 minutes before trial. I cannot find clear answers to either of these two questions. Anyone? I'm a little worried about court because the Judge was a banker before he was a judge and not a lawyer. I'm worried about arbitration too, so I'm feeling completely paralyzed by indecision. If anyone has experience with Midland in TX and some advise to offer, it would be much appreciated.