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Found 754 results

  1. Hi there, This forum has been so helpful to me previously (I used arbitration to make Kohn Law Firm give up on a 5K Care Credit debt), I am hoping you guys have insight into my current dilemma. I am being sued in my county's Small Claims Court for an alleged 2k Citi card debt. I thought I was good to go with my MTC but have read a few posts here indicating some courts have taken: "Individual claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court," to refuse MTCs. Sure seems like the OC is wanting to have his cake and eat it, too. My question is: How often are JDB's aware of this little nugget and how often are courts refusing MTCs based on it? I've really no option but to give it a go with my MTC, just wondered if others have experience with this.
  2. Hello all, So I received a few letters from attorneys in December, indicating that I was being sued. I did a case search on my name in the system and found that Portfolio Revocery was suing me for a Lowe's account ($1,234). I was never served, but kept checking the court site every week to see if any new motions were being put in or additional information. One week, I saw that the processor said that I was served on December 19th and they filed notification on January 12th (so sketchy). This meant I had less than three days by the time I saw it to respond. Anyway, I scoured this site, spoke generally to an attorney and filed my answer, and got a court date. I prepped myself for the hallway discussion and had my responses prepared and I also carried my MTC arbitration just in case all else failed. Well, all else FAILED. lol. In the hallway Tamara presented a stack of every statement ever sent and copy of a letter "from" Synchrony Bank stating that they sold my account to them (date, name address, and account number). I moved forward with my last resort and presented my MTC. This was the ONLY familiar hallway exchange, when she proceeded to tell me how expensive it was. She wouldn't accept my motion in person, she just said ok, we can go back in. We reentered the court and went up to the judge. She informed her that I wanted to go through arbitration. I was given another court date and told that if I didn't file, I would be expected back in court on that date. wtf.
  3. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC 2. What is the name of the law firm handling the suit? Weber & Olcese P.L.C. 3. How much are you being sued for? ~$3,900 + Court Costs 4. Who is the original creditor? (if not the Plaintiff) Home Depot (by Citibank) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) In person 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? Received a letter prior to being served and I sent in a DV (that stated that I dispute this debt) 9. What state and county do you live in? Georgia, Forsyth County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 10/15 11. When did you open the account (looking to establish what card agreement may be applicable)? ~12/2004 12. What is the SOL on the debt? Not sure? 13. What is the status of your case? Suit served? Motions filed? Served 5/2019, Answered 6/2019 (denied w/ arbitration as affirmative defense), Court 7/2019 (prepared MTC Arbitration) 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes, to the lawfirm only when I initially received a letter. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). Yes. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. They sent copies of statements from the OC from 2015 and 2016. A copy of a bill of sale to PRA. Well it finally happened, the judge denied my MTC arbitration because of the small claims verbiage below: He said that the wording was not ambiguous, and any statement otherwise or whether there was a clause in it at all did not matter. I tried to describe the other SCOTUS cases, and he would not hear it and said that this matter was brought to small claims, so now it is no longer subject to arbitration. He shut me down at every argument I had about the arbitration clause, and asked if I wanted to mediate w/ the attorney. I asked for a continuance, and the plaintiff said I see no reason for a continuance and the judge agreed so he denied the continuance. I did create an AAA case AFTER I was served, so when I told him that I even had an arbitration case started, he said it did not matter. At this point I was lost and did not know what to do. So I went to the attorney and said that I could write a check for $1000 right now the settle the case, and he said his client refused. I told him that’s really all I had, so then the attorney requested a continuance and it was granted for him. Should I have just gone to trial and let the judge find for the plaintiff after denying my MTC for arbitration? I was scared to do that because what I’m ultimately trying to do is avoid a judgement on my record. I’d rather try to settle than have a judgement. I was thinking maybe I could appeal, but I’ve never gone through that process, and wonder what would happened if my appeal was denied or if I lost there too? Any advice? I go back to court next month. I’ve attached the CCA both current, and the one while my card was active and both do contain that “small claims” verbiage. arbitration-2016.pdf arbitration-current.pdf
  4. Good afternoon, I am working with a friend (I am asking him to post his own information here this week), and had a question about arbitration on vehicle purchase and financing agreements. I am making this post with his permission. My friend bought a car in 2016 and financed through Santander Consumer USA. Later that year, he had the car repossessed. Car was sold, and my friend owned the balance. The debt was then purchased by a company in Missouri. The filed suit last month and my friend answered within the time allowed. Here is my question - I know the government has a database of credit card agreements - is their a similar DB of car financing agreements? I believe that Santander has an arbitration agreement; however, the exhibit in the lawsuit he showed me only contained the only the first page of the purchase/finance agreement. Any assistance would be appreciated. I know this isn't a JDB credit card case, but it is a JDB case, and my friend needs help. Thank you!
  5. 1. Who is the named plaintiff in the suit? MIDLAND FUNDING 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) It seems to be in-house lawyers for Midland Funding 3. How much are you being sued for? $2496 4. Who is the original creditor? (if not the Plaintiff) Comenity Bank/HSN 5. How do you know you are being sued? (You were served, right?) Yes. 6. How were you served? (Mail, In person, Notice on door) In person. 7. Was the service legal as required by your state? Yes. And he was quite nice. Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I honestly didn't see anything via mail. As far as I know, it was just calls to my cell phone. 9. What state and county do you live in? Florida, Bay County (Fourteenth District) 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Apparently February 2017 11. When did you open the account (looking to establish what card agreement may be applicable)? November 2014 12. What is the SOL on the debt? To find out: 4 years. Statute of Limitations on Debts 13. 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). We had a pre-trial conference, where the judge suggested we retire to a room to mediate; however, we were at an impasse. Because of this, a trial date was established for July 24, in judge's chambers. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No. Once HSN stopped sending letters, I'd forgotten all about it. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No. 16. 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? No, no questionnaire that I saw. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. This is what's listed (they sent me a huge packet of documents): * Original Creditor Statements * Assignment/Bill of Sale/Seller Data Sheet * Letters to Defendant Basically, several credit card statements from HSN, along with three letters from Midland Funding that I never received. They also included: * Notice of Filing Documents in Support of Entry of Final Judgment * Plaintiff's Notice of Introducing Documents at Trial and Witness List * Plaintiff's Notice and Motion for Records Custodian Witness to Appear By Telephone at Trial * Plaintiff's Motion to Continue Trial (In the Plaintiff's Motion to Continue Trial, they state that they have opened a "dispute investigation and will be mailing a request for additional information and documentation to the Defendant to support her claim" (my claim was that the balance and date of last payment was incorrect). To date, 3 days before the court date, I've received no such request) 18. How did you find out about this site? I searched for information on being sued by Midland and this seemed to be the most helpful and insightful forum. ❤️ 18. Read these two links: I did, but I'm not sure if my refusal to settle at mediation constituted a waiver of my right to arbitration.
  6. I'm having a hard time finding out how to file an MTC in Kentucky.
  7. Hello, everyone! I've been a lurker here for a while, and am happy to be able to post at last. Here is the required information: 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jack H. Pogosian, Alec Weston Hankins, Kristy Gabrielova, Nichol Alan de Guzman, Hyo Jin Julia Jung 3. How much are you being sued for? 2844.87 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/CareCredit 5. How do you know you are being sued? (You were served, right?) In-person service 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Standard MCM letters 9. What state and county do you live in? San Diego county, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. When did you open the account (looking to establish what card agreement may be applicable)? September 2014 12. What is the SOL on the debt? 4 years 13. 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). Case Management Conference tomorrow 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. 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? 30 days Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Standard issue from what I've read on other threads: Last statement from CareCredit, listing of charged-off accounts with info blacked out, MCM statements, etc. So I'm finding this interesting. Back after I was served, I initially thought about settling, then stumbled upon this forum. After reading, I decided to push back. I filed my general denial shortly after I was served, and in mid-May I sent Midland a letter requesting arbitration via JAMS (as per my account agreement). I haven't heard a peep from Midland, besides a letter saying the account was placed 'In Dispute' and they don't know why I'm pushing back. As stated above, tomorrow is my Case Management Conference. In my Case Management Summary, I stated that I wish to have arbitration, so I hope that's taken into account during the CMC. I did make one gaffe, however. Because I had not heard from Midland regarding my letter asking for Arbitration, I filed a MTC Arbitration. Speaking with the juedge's clark yesterday, he told me it will likely be rejected due to no hearing being scheduled. (It's still Pending with the court clerk.) One thing: Is it typical for Midland to not file a CMS prior to the CMC? They haven't filed a summary yet, and I want to make sure I'm not surprised by anything. If any more information is needed, please don't hesitate to ask. Thank you all for being here and being so helpful! GB
  8. I am in a mess and need help please. I am a single grandmother and I've had posession of my grandchild for over a year now. She is six, nonverbal and autistic. For the past few months I have been persuing custody of my grandchild due to her parents drug addiction. I don't have the money for a lawyer and CPS dumped everything in my lap to handle alone and told me to file for custody so without any help I am attacking this pro se. This is my grandbaby and I am doing what I have to do for her. That being said this is a horrible time to be sued, not that there is ever a good time. I was served on 02/22/19 and I am terrified to be dealing with two seperate court cases pro se at the same time. I have read the forums for many hours the past couple of days and it seems the more I read, the more confused I get. I would greatly appreciate any help and advice I can get. I know already that I am judgement proof in Texas due to my income being Social Security Disability and SSI. I live off less than 800.00 a month and I don't have money for legal fees. I know PRA could care less about my situation but this is the best place I have found on the internet for help. Thank you for even taking the time to read this. 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC. 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Rausch Sturm (Attorney listed is Jesse Dow Lockhart) 3. How much are you being sued for? 7251.80 plus court cost, interest, and attorney's fees. 4. Who is the original creditor? (if not the Plaintiff Synchrony Bank (Wal-Mart) 5. How do you know you are being sued? (You were served, right?) Served at Residence 6. How were you served? (Mail, In person, Notice on door) In person 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? None 9. What state and county do you live in? Rains County, Texas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) December 2016 11. When did you open the account (looking to establish what card agreement may be applicable)? October 2015 12. What is the SOL on the debt? To find out: 4 years 13. What is the status of your case? Suit served? Motions filed? Served 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No 16. How long do you have to respond to the suit? 14 days (March 8, 2019) I'm not sure since it was after 5 pm on Friday if I would have until the following Monday. Did you receive an interrogatory (questionnaire) regarding the lawsuit? NO 17. What evidence did they send with the summons? None. Served with Original Petition only. 18. How did you find out about this site? Internet search.
  9. 1. Who is the named plaintiff in the suit? Velocity Investments, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Gurstel Law Firm, P.C. 3. How much are you being sued for? ~$17k 4. Who is the original creditor? (if not the Plaintiff) Prosper 5. How do you know you are being sued? (You were served, right?) Informed by my mother that service had been attempted on their house and left on the porch. 6. How were you served? (Mail, In person, Notice on door) Service was in-person, rejected, and left on the porch. 7. Was the service legal as required by your state? Probably not. The summons was served at my father's house (who shares a similar name, but with whom I do not reside), and was not accepted by anyone in the house. They left the summons on the porch which included details about the debt, with people who were probably not legally allowed to have the information about my debt revealed to them by the plaintiff. I have recently moved to the same county as my father (was out of state before that) and I'm assuming they merely mixed up our identities, but that's where I'm uncertain as to whether or not the service was legal (or even if that matters beyond an FDCA complaint or two if needed). Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I had never heard of Gurstel Law Firm or Velocity Investments prior to seeing the summons. 9. What state and county do you live in? Utah, Washington County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Nowhere near outside the statute of limitations. Payment was last made on this account in June of 2017. 11. When did you open the account (looking to establish what card agreement may be applicable)? This was an unsecured loan that was opened in August of 2014. 12. What is the SOL on the debt? To find out: 6 years as per current residence in Utah given it is a written contract. Statute of Limitations on Debts 13. 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). Unfortunately I couldn't get much out of the clerk. I know that a claim has been filed as I was provided a case number. 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) This debt was, "Charged off as bad debt" in June 2017 and also shows, "Purchased by another lender." As of yet there are no collections reported to my TransUnion credit report. 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). I did not send a debt validation letter as my first contact with the plaintiff was the summons. 16. 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 have about a week to file my answer to the complaint. It should be noted that my father has already sent a letter disputing this debt as the summons was served at his house using his name as well (our names are very similar, but legally not the same). There are 6 claims made in the complaint (summarized): 1. That the plaintiff is the owner of multiple Prosper Funding, LLC accounts, including my account. 2. That I obtained credit from Prosper in August 2014 3. That I am a resident of Washington County, Utah, or signed the below-described transaction in said county (probably unimportant, but the contract was signed in Maryland) 4. That plaintiff's predecessor loaned me funds that I agreed to repay according to set terms and conditions in a written agreement. 5. That I have breached said written agreement which has defaulted, for $X amount 6. That plaintiff has been assigned all rights to the contract in question. Unsurprisingly, the plaintiff is seeking award of the full sum claimed owed, their costs of Court, and other / further relief as the Court deems proper. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. No evidence, exhibits, attachments, etc. were included in the summons. Only the complaint. 18. How did you find out about this site? Google search while trying to research the law firm representing the plaintiff and potential attorneys that could help. 18. Read these two links: ✓ Using Arbitration To Defend A Debt Collection Lawsuit ✓ Sued by a Debt Collector - Learn How to Fight Debt Lawsuits I've spent almost all night on reading through the posts on this forum once I realized the attorney options I found wouldn't actually save me anything (one attorney would have settled it for about $4k less than owed, but they were going to charge $4k in fees when it was all said and done 😂). I think there is a *very* strong case for arbitration to be compelled, but I wanted to ensure there weren't other defenses I should try to utilize first. I don't mind this going to arbitration if that is the best chance at a favorable outcome, but I wanted to check with more seasoned veterans to try and double-check that approach first. At the end of the day I honestly don't mind a settlement agreement / repayment plan if needed. My main goals are to try to get this out of court, avoid garnishment, and keep my credit report as clean as I possibly can so that I can take out a VA mortgage again in a few years. TL;DR backstory is that I had a very nasty year+ long divorce/separation that has drained any and all financial resources and resulted in a foreclosed house back in August. I'm looking at a minimum of two years from August before I can get another home loan, but that is considerably faster than having to file a Chapter 13 bankruptcy (5-6 years faster). Ultimately I want to keep my credit report clean of collection attempts if at all possible, and I'd be willing to enter a settlement and pay-off plan for this debt if that can happen. I'm not in a place currently to be able to afford an attorney as I'm still paying thousands to my divorce lawyer as quickly as I can, but I can probably budget a decent amount each month towards repayments. However, if those who are more knowledgeable than I think there's a chance I can get this case discharged or dropped somehow by compelling arbitration I am more than willing to see that threat through to the very end and make them spend as much as necessary to get anything out of me. Here are the most relevant phrases regarding arbitration from my copy of the contract from 2014: My question is mainly regarding the administrator and arbitrator fees up to $1,000. If I can compel this to arbitration, do I get slammed with fees beyond that? The verbiage after that seems to protect me from their fees, but I can't quite interpret this part clearly. Thank you to everyone who takes the time to read this and offer any insight, ideas, or suggestions to help me leverage and jockey for the best position possible regarding this debt. I've been able to pay off and/or settle all other debts that I have and am current on the few other debts that remain. This one is the one final debt I need to figure out how to handle and I'm honestly no sure how to approach it. Sincerely, Shadow Fighter
  10. Interesting read from Penn State Law Review regarding dismiss vs. stay proceedings in Federal Circuit and State District Courts for MTC Private Contractual Arbitration and Dismiss or in the alternative to stay proceedings pending arbitration. The 8th Circuit for which Iowa is in prefers dismissal from court per Judge's order rather than just a stay but not used all the time. http://www.pennstatelawreview.org/115/3/115 Penn St. L. Rev. 3.539.pdf My friend as some of you know on this site previously was looking for a card agreement is a defendant against LVNV who was finally served a petition in Iowa on April 22nd, 2019 from LVNV and who is preparing his answer to request that this case be taken out of State District Court and be decided in AAA Private arbitration. We are wondering what would the ramifications be if he asked the court to dismiss rather than stay jurisdiction for my friend. (Advantages/Disadvantages of Dismiss vs. Stay)? His motion to compel heading would be "Motion to compel private contractual arbitration and dismiss or in the alternative to stay proceedings pending arbitration." or heading would be without the and dismiss or in the alternative portion. This came up in conversation when he asked me why the copy to the Citibank 2011 credit card agreement which they attached to the petition had the arbitration portion of the agreement up front and which was very much apparent and then the rest of the agreement behind the arb portion. It is like LVVN was throwing the arbitration in his face as a trap, daring him to ask for arbitration. Since the default according to LVNV happened according to them around spring 2014, they may be enticing him to use their 2011 card agreement and not his agreement which he got off the CFPB website. The advantage of staying the court as we see it would be if LVNV didn't respond to the court ordered arbitration with AAA then my friend would go back to the court where LVNV would face sanctions. If in that same situation the case had been dismissed, my friend would have to refile, but maybe then he could do it in federal court since he would have to pay a new filing fee anyway if he kept in state court to rehear the case. If he instead took that filing fee and filed in Federal Court there would be an infraction of the FDCPA that could be added to petition. Sorry we are probably making a mountain out of a mole hill but just trying to be one step ahead of LVNV at this time.
  11. I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.
  12. Looking for a Citibank AT&T Universal credit card agreement from around March, 2014. The one CFPB has is a general agreement that isn't dated and isn't a Universal card. Can a Citibank agreement not an AT&T Universal card for that time period be used if I find one?
  13. Hi all, I've been reviewing, taking notes and trying to get all my ducks in a row for a pending suit brought on by Midland/BestBuy/Citi. First, and foremost, thank you to those who have posted their situations and those who have replied with logical next steps or thoughts. Your insights, suggestions and experiences have brought a sense of relief to what started out to be "one-more-thing" on my stress filled plate. Onwards...I have an answer prepared (which may have more than needed, hence my request for help) and attached for which I'd like some "kind" input as to what to keep and what to delete. In advance, I appreciate the community's help. Answer - DWP MIDLAND.rtf
  14. I just wrote this whole post and it disappeared. Ugh!! but in a nut shell LVNV did not show up at the hearing and the arbitrator and I waited 30 mins, no call no show and I just got my confirmation letter (see attached) lvnv arb award to Defendent.pdf
  15. I've always wondered this, but which credit card agreement applies on a debt collection? Is it always the most current, or when the account was opened, or when the account was defaulted? If I do an MTC arbitration, does this agreement attached indicate that I have to pay the filing fee? In the best buy cc agreement attached, it says this in the PAYMENT section. We will pay your share of the arbitration fee for an arbitration of claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA rules. And it looks like I'm only allowed to arbitrate with AAA. Does that mean I'll have to pay the fees to file since this is related to debt collection? I'm just wondering if the Best Buy credit card is something I should pursue arbitration with against PRA. My_Best_Buy_Credit_Card_Agreement.pdf
  16. I initiated arbitration in PRA agreed, providing a document which turned into a court order. That is attached here. I filed with the court and provided a case number from AAA. The answer for the bill of particulars is due on March 28th. Should I answer it or file a new motion to dismiss improper venue/compel arbitration instead of an answer? I'm not sure if participating in this litigation would void the arbitration clause. Case is in Virginia.
  17. Portfolio Recovery Associates filed a claim against me in small claims court against a Synchrony Bank/Pay Pal CC account on November of 2018. I filed an answer to their claim along with a lack of subject matter jurisdiction and requested to elect the private arbitration clause. When we got to court the attorney had no idea about the answer/motion (I kindly provided her a copy of the certified notice). The judge ruled in my favor and ordered that my motion to invoke Arbitration was granted. Per tbe Synchrony agreement, we had to use AAA. I filled out the forms, paid the $200 and got the ball rolling. They sent the PRA lawyers 3 requests for the payment for the case to proceed (which exceeds what I owe). The last date was 2/14. I got a notice today that says that they (AAA) are not moving forward with the case because PRA lawyers haven’t paid. My question is, what do I do now? Take a copy of all of the AAA paperwork and file it with the court to cover my a$$?
  18. Does anyone know of any case laws that I can use for my MTC arbitration in GA? I got served by L&J representing Unifund CCR, LLC on a citi card w/ an arbitration clause. However there is some verbiage in that clause that says it can be handled in small claims, and I believe magistrate court in my county is small claims. I did file for arbitration immediately (upon recommendation here, thank you!), but AAA came back and said that if any party wanted to pursue in small claims they could if they sent in a written response. Well L&J did submit a response and said they wanted to pursue in small claims. My arbitration clause was started before I was served with the suit, but now AAA is closing the case because L&J requested small claims. However, AAA said that the Business has to pay the $200 fee. Because of this: Unifund has not paid the $200 yet. I go to court soon, and I just wanted to prepare bc L&J will probably say something to the effect of the arbitration clause doesn't apply here because there is an exception that says it can be pursued in small claims, and AAA also sent a letter pretty much saying the same thing. I was just looking to prepare my MTC with additional GA case law that would help me say that the arbitration clause is indeed valid and I have a right to that option.
  19. Hey guys! Need help again, this is my 3rd lawsuit from midland in the past 12 months. I beat them in the two previous lawsuits and both were removed from my credit report. However, this last one has thrown me for a loop. I did exactly what I did with the last two, granted my MTC and stay pending arbitration, submitted my documents from JAMS proving that I have started the arbitration, the next day my case was closed, dismissed withOUT prejudice. I am confused to what just happened. I was granted a stay, JAMS hasn’t received payment from the attorney, my arbitration case is open, so why was my cases closed? I am not happy with the order and want it dismissed with prejudice . What I read on the JAMS site is that if they don’t pay then they close the case. Then what? I am attaching my case docket of the events as well as the orders... any suggestions would be much appreciated! @fisthardcheese @Brotherskeeper
  20. Hello, I am new to this forum and so glad I have found. I have been reading through the board but havent been able to go about filing my arbitration. I was served papers back in April for a court date of 8/3/2018. I decided to call the company and settle. I wish I didn't after finding about this information later. I have made one payment to Portfolio recovery for this account from Synchrony bank. Am I still able to file arbitration? When i check the court records online it says a copy of the judgement was sent to both parties but I never received it. How do I go about this. I also have another account with portfolio recovery services for synchrony bank/walmart. I haven't been served papers for this as yet. Can I go ahead and file arbitration for this? Also, how do I find a copy of the consumer agreement? I do not have any old statements. Is it possible to do so online. Any information would gladly be appreciated. Thank you
  21. My friend has a collection showing on all 3 credit bureaus from LVNV who is a JDB, who allegedly purchased an old Citi CC with a balance of $13,000.00, so it wouldn't qualify for small claims in Iowa and therefore arbitration by either party is allowed. The SOL is not up for another 1 and 1/2 years but there is no TL on credit bureaus from the OC Citi regarding this account as it must have been removed sometime after LVNV allegedly purchased this account from Citi. Anyway, every once in awhile for the 3 years LVNV has had this account they send a dunning letter from one of their many companies for this alleged account, Since they update this alleged debt monthly on Equifax and Experian, but not TU even they show LVNV on their report, we decided to dispute the debt on TU first just to see if it would be investigated and see LVNV would respond to the dispute. We disputed on 11/5/2018. Meanwhile, he received another dunning letter from yet another one of their collection agencies they own a couple days later. What we would like to do is get rid of this alleged account now and we want to wait and see if they verify the dispute as valid on TU. Then, on the same day and timely under the 30 days for a validation request from their last dunning letter to my friend, we want to send by CMRR of the collector a demand for validation of the alleged debt, also writing election of private contractual arbitration from AAA which is who CITI states we would need to use per their cardholder agreement for the date the alleged debt delinquency purportedly occurred, a copy of the AAA filled out form with Arbitration account reference # provided and a request that all future communication be done so in writing. The AAA form would show that there was no proof of chain of custody, no custodian of record affidavit from Citi Bank proving account was valid, no contract or balance from cc statements showing accumulation of debt or any proof of assignment from OC to JDB. It would be nice to send the above to LVNV's law firm but we don't know who that is. This would hold off any lawsuit since we elected and will eventually initiate arbitration while also stopping their collection efforts until we get a response to our request. LVNV believes he has no W2 employment income that they can garnish (which he doesn't) and no property or bank account to attach a lien to down the road (which he does). I've seen on different forums that we should wait until a lawsuit is started and the do a motion to compel arbitration as a affirmative defense, but since this is a JDB we like our chances electing and initiating arbitration as outlined above, letting LVNV know my friend's plan of defense in hopes of a settlement offer to get rid of this alleged debt. What do you think of these additions to the demand for validation letter in achieving a settlement?
  22. I was sued by a JDB, and properly filed a MTC arbitration. Before the motion could be heard, the JDB filed for a default judgment. Eventually the MTC was granted. Did the JDB violate the FDCPA by filing for default once they knew I was demanding arbitration?
  23. Hello Everyone, Like many, I have been closely following this forum for a long time, soaking in so much empowering and invaluable information. After wringing my hands and banging my head against the figurative wall in agony, I've finally mustered the courage to reach out to you in hopes that you can give me some advice. The JDB I'm dealing with is LVNV, and the law firm representing them is Harris and Zide. The OC is Citibank. I have not been sued yet, but I did receive a dunning letter dated 10/19/18. From the various posts I've read so far, it will be a matter of time before I receive a court summons. The amount is a little less than $2K (OC: Citibank). The strange thing is, LVNV actually owns not one but two of my charged-off Citibank accounts, and the other one is a little less than $10K. I received a collection letter from LVNV on this larger debt back in June of 2018, but it wasn't from a law firm/department, and I have not heard back from them since then. Both debts have the last charged date of Feb. 2015, and the SOL runs out at the end of February 2019 (California). So why is Harris and Zide only sending me a dunning letter on just one of the debts (with smaller amount)? I would like to be proactive and develop a strategy to either make the JDB go away, or at least gain leverage for a smaller settlement. I'm thinking of sending them a Debt Validation letter where I include the wording that I want to opt for arbitration as per Citicard agreement (without admitting ownership of debt); my reasoning is that given the small amount of the debt (less than $2K), LVNV would conclude that the cost of arbitration would override the value of pursuing the debt all the way, which would give me greater leverage to settle on my own terms. I am concerned, however, about the other debt they own which, at close to $10K, might be worthwhile for them to stick through arbitration. Since Harris and Zide has not sent me any letter about this account, should I just stay mum and just focus on the smaller account? What are chances that it's some error or oversight that has caused them to overlook the other account? It's obviously way past the 30 days since I received a collections letter, but should I send a DV letter (again with the arbitration wording)? I'm hoping that given the cost prohibitive nature of arbitration, LVNV would choose instead to be more willing to work out a more amenable settlement arrangement with me. In the past couple of years, I have worked hard and settled all my other delinquent/charged-off CC debts (they were all with the OC in-house collections department). I have exhausted all my financial resources trying to clean up my credit and to take ownership of my debts. I don't have additional $12,000 to pay a JDB. I am exhausted, and I am so close to reaching the SOL (February 2018) that I really want to enrich this JDB as little as possible. Thank you for reading this long post. I would love to hear your thoughts and advice. What would you do if you were me? Any insights from our veteran California forum members?
  24. Hello All, I have lurked on this forum for over a year now. I have filed my response to JDB's counsel Harris and Zide. My case has fallen into the hands of arbitration (judicial non-binding). Of course I got a Declaration in Lieu of Testimony and there was no name of the affiant nor an address. I sent JDB's counsel a meet and confer letter (CC'd arbitrator) and they basically told me to kick rocks and were rude and nasty...so I am unable to subpoena their witness for cross examination. I will object to the affiant's declaration but I am not sure how to do that in my brief or if I should, any thoughts?. This case has been going on since July of last year and I know that I do have the fall back of requesting trial if I don't like the arbitrator's response so I am not too concerned or should I be? Does anyone have a sample Defendant's arbitration brief to share?...A copy of Plaintiff's brief is attached... I am also preparing my motion to strike, motion in limine and request for summary judgment for failure to state a claim once arb is done I didn't know to do this a year ago. They also sent junk and no precise chain of title/assignment...same game just a different player. Please let me know if you have any issues thoughts or concerns. "My meet and confer letter is attached here is there response: Dear Ms. XXXX: The meet and confer code section you reference does not apply to the issues you have presented. That code section addresses issues with discovery responses. My office last provided discovery responses to you in February. The deadline bring a motion with regard to any issues you had with those responses has long passed. The court has referred this matter to arbitration and expects the arbitration completed within a reasonable time. Plaintiff intends to go forward with the arbitration as ordered by the court. Plaintiff believes its form complaint sufficiently pleads a cause of action. If you do not agree, then it is up to you to determine what steps you should be taking. Plaintiff believes it has submitted sufficient evidence in its declaration to support entry of judgment. If you do not agree, then again, it is up to you to determine how to address that. Plaintiff’s declaration is being used pursuant to the California Rules of Court for use of declarations at an Arbitration. The Code of Civil Procedure rules regarding use of a declaration at trial do not apply to an arbitration. Plaintiff disagrees with your position and contentions and will vigorously any and all of the baseless motions you claim you will file. Sincerely. Flint Zide lvnv.doc lvnv brief.pdf By the way I did seek to find legal counsel (defense counsel and consumer attorneys in my area) but none would take my case because the amount they are suing me for is so low (they said they would not feel right billing me $250.00 per hour for a $1700.00 claim) SMH...OC Credit One and JDB LVNV Funding... declaration in lieu of testimony.pdf