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  1. 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 sho
  2. Hello, Beforehand I would like to thank everyone because this forum has helped me tremendously. I had 2 cases filed against me, I was able to obtain a dismissal on one as soon as I filed my MTC. Well the other did not go as smoothly today...... Filed MTC 01/20/18, AZ Justice court approved arbitration 02/06/18 and received order to initiate arbitration Filed for arbitration 02/22/18, arbitration said they were backed up and did not start working my case until 04/03/18 Arbitration did not start process or any mailings to any parties until 04/03/18 Today was my
  3. Hi, I am trying to find what the next step to do is. I have looked at some other posts involving Arbitration titles, and not sure what to do. But I did find a questionnaire to help with defining my background. 1. Who is the named plaintiff in the suit? JBD 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under 10,000 4. Who is the original creditor? Citi 5. How do you know you are being sued? I was served papers by it being dropped off,
  4. First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hear
  5. I am in Oregon. was sued by Zwicker for USBank. First, they cheated on service and default (signed on day 29 of 30). I had default nullified. Then, I was denied right to appear at arb. hearing after being told i could pay fees anytime before the hearing, then told of 14 day limit ON DAY 16. But I was able to acquire - legally - unequivocal evidence of Ex Parte emails between Zwicker associate and arbitrator. Arbitrator even offered costs not pleaded for, if Zwick chose to amend and ask for them. I played naive and asked about certain things, and both lied outrigh
  6. Hi I am being sued by Midland through an attorney in Georgia. I never received an initial letter. I was served March 1, 2018 and was totally surprised because I never received anything stating that I owed Midland. I called the court and they stated that they filed but hadn't submitted the server confirmation yet. I have until the end of March to reply. I did have an account with the bank but it was written off. 3 different DC owned the alleged account before Midland. They sent me the attached bill of sales with certificate of conformity and 3 copies of old credit card statements without my nam
  7. I'm debating whether to defend a small claims suit for $4321 for an Account Stated Claim with a law firm claiming to represent Discover Bank, or at my final hearing next week motion to compel Arbitration. The law firm filed into the case the credit card agreement with the Arbitration clause, however, I can defend the Account Stated claim by disproving their element that we agreed to the claim's balance of $4321, citing a dispute letter I sent the firm disputing the amount. Which strategy would possibly be more successful?
  8. Background I was laid-off in 2016 and am now a full-time student receiving assistance from a few sources - I am on track to earning my bachelors in IT/Security this year (after 1 1/2 years of study). In late 2016, my mother attempted suicide (due to prior abuse from her now ex-husband - stepfathers suck) which had brought a heavy burden upon my family and I. Nothing is more terrifying than having to drive from Atlanta to Alpharetta...not knowing whether your mom is dead or alive. Unfortunately, this combination of events has led me to largely ignore my financial situation and place me wh
  9. A little confused on a situation... Served by Greene and Cooper representing Midland Funding (for OC Synchrony Bank - Discount Tire). I couldn't find the credit card agreement in the database for exactly Discount Tire, but I did find one similar for Care Credit for Synchrony Bank, and all the Synchrony Bank agreements indicate I have a right to request arbitration. I printed one out to take with me to the court hearing. Attorney was there and basically harassed me to settle and mediate and told the judge I refused to mediate and that I didn't even file for arbitration yet and that sh
  10. Hello Fellow Members! I need a little help. I am being sued by of course, Midland! As advised on a previous thread, I plan to file a MTC arbitration. By reading the attached agreement, can anyone interpret whether or not I can file a MTC/Arbitration in Georgia? The summons/claim was issued without previous notice and was filed at the Magistrate Courts in Gwinnett County. I currently have 16 days left to file an answer. I was advised to file a MTC after I file my answer. However I do not know the steps to take exactly. Such as, should I file an answer at the same time? The attached arbitration
  11. Soooo. This is my arbitration clause. If I lose in arbitration, am I liable for all of the arbitration fees and everything else as well? Or just the amount they say I owe in suit (around 3200)? Just confused. According to what I could find on the barclaycard website the card agreement does indeed have an arbitration clause. I have included it below. It seems contradictory though. As I understand it they agree that they cannot/ will not be able to charge me for any fee that they accrue during arbitration? So worst case scenario I am required to pay off the full amount of the suppised debt.
  12. I need some help with this, I received a civil citation from Midland Funding on January 17,2018, I filed an Answer stating I did not have any knowledge of the information in the citation, on the 31st. One issue is it is in the wrong Precinct. it has a statement on the debt owed, an Affidavit from Mary Pikkaraine relating to business records and 4 statements. What do I do next...file to have it moved to the right Precinct or an Amended Answer asking for Original Contract? Also Synchrony Bank has an Arbitration Clause do request that? 1. Who is the named plaintiff in the suit? Midland
  13. Hi Everyone, I have what I hope is a simple question. I have used this forum in the past and have been able to get cases dropped using the recommendations of other users on this site. Well, my wife had a case filed against her by Midland, and we have submitted our answer and a Motion to Compel Arbitration. All seems wonderful, Right? Wrong. We are dealing with a court clerk that is a complete and total P.I.T.A. (Pain In The A..). First she "lost" our answer and it wasn't found until I complained directly to the JP. And now that we have filed a Motion to Compel Arbitration she is statin
  14. I've been reading through everything in this forum to help me prepare to defend a lawsuit brought on to me by Greene & Cooper (representing Midland Funding). The OC is Comenity Bank, and they sold it to Midland. The debt is $1600. I got served at the end of September, answered the suit denying all allegations, and was prepared to MTC arbitration in court. Well, on my court date, there was a local counsel representing Midland and when we went to mediate I gave her my MTC arbitration, and she was completely confused. She looked at my document for 30 seconds, then looked at the credit ca
  15. This will be a series of posts regarding general information about the strategy and steps in arbitration. Please read all the way through as tidbits have been added from time to time. A MTC arbitration is listed in post #8. If you need one requiring a brief in support, you can find that in post #165. A sample of a formal complaint is now listed in post #36 & #37. Sample violations are listed in post #38. Settlement negotiations are discussed in post #76. A Motion to Clarify is listed in post #274. This might be helpful to file back with your court (and ask for a hearing on your mo
  16. I'm being sued by Calvary SPV in Indiana. I received the summons today on my door and have 20 days to respond. The complaint states that the plaintiff owns an account due by me and the assignee was synchrony bank and the amount is 4000.00.They have attached only 1 exhibit which is an affidavit of debt signed by a designated agent of Calvary SPV stating they are familiar with the record keeping practices ofthe plaintiff, that Calvary is not the original owner of the debt. It states the amount owed as of a certain date with the last 4 numbers of an account number. It states the date the alleged
  17. A Civil Complaint was filed against me by an attorney representing a JDB. They amount the claim I owe is between $6,000-7,000. Because I was up against a deadline, and didn't want to risk a default judgment, I had an attorney prepare an answer for me. It's someone I know, so I felt comfortable going to him. BIG MISTAKE! He talked me out of including the contract's arbitration clause as an affirmative defense because he said I could be held responsible for paying the plaintiff's attorney's fees and arbitration costs if I lose. From what I understand, a consumer is only responsible
  18. Hi all- I got served today. I had been on this site before and followed Linda7 advice- sent a letter: "I dispute this alleged account. As per the FDCPA, I have the right to request proper validation of the alleged debt. I elect private contractual arbitration via JAMS to resolve any disputes between us. All phone calls are inconvenient, so all communications need to be by mail." I did get a letter from their fraud department a bout a month later asking why I disputed. I didn't respond to that.I also got a package with some statements , cancelled checks stuff liek that, whic
  19. Hello. I had a loan with Springleaf. I became seriously ill and lost my job. I had to move in with my adult daughter. Springleaf charged off the debt, but jdb Cach, LLC picked it up and have filed suit. My question is this: My contract with Springleaf had an arbitration clause in it. Does that clause apply to Cach, LLC too? I have filed an Answer and received an order to produce and interrogatories. I'm trying to proceed cautiously. By the way, before Springleaf charged the debt off, they asked why I missed two payments. I told them the situation and they said not to worry, they wer
  20. In a separate thread, facts came up that a certain internet bank is governed by an arbitration clause in the contract. If they file in court vs. JAMS or AAA is it : 1. an improper forum for any controversy ? 2. can it be quashed with a demurrer or a motion to quash? 3. can it be struck with a Motion to Strike? or 4. Completing the steps already used for forcing arbitration? I am thinking if we can kick them out of court once then the judge has to see that every case is flawed
  21. Okay! I apologize if this is a repeat. Really trying to get all my ducks in a row before I head to the courthouse tomorrow. I was served a complaint by Cavalry on Monday. I have 15 days to respond. I wish to proceed with private contractual arbitration. I am going to file my answer tomorrow. Do I NEED to file a MTC arbitration now? Or can I state my affirmative defense in my answer and wait for the plaintiff to take the next step? I am electing arbitration via JAMS as per my CC agreement. Help! The steps are so confusing.
  22. Hi. Please be gentle. I have been reading quite a few posts and now think I know enough information to be a little bit dangerous... My wife was served a summons almost 30 days ago. I am about to file the official responses with the superior court system, but I just read about arbitration and JAMS. The original creditor was Citibank. The amount my wife is being sued for is $8,235.57. I don't want to make any mistakes when doing this, so I am asking for any and all assistance here. Her official responses are a denial of all allegations (attorney friend via the phone--she has no real expe
  23. I was served a summons by Cavalry this morning. They bought my debt from Synchrony Bank. I have read all day long trying to educate myself on how to proceed. The debt is $5700 and the credit card agreement has an arbitration clause with JAMS. How do I proceed? Do I file a MTC before I file my answer to the complaint? I am in Louisiana & through all of my googling cannot find the proper order for this. Any help is much appreciated! Also, I know y'all can't predict the future, but seeing as this debt is with a JDB and not an OC and is below 10k, is
  24. Hey guys, I'm clueless about the JRCP as they pertain Midland Funding LLC's pending case against me here in Maricopa County, AZ. Specifically, I'm hesitant to attempt to file an amended Answer and move to Compel Arbitration at this point because as I understand a MTC Arbitration requires me admitting to being a party to the original Credit One Bank cardholder agreement they show being established under my name back in 2015. It's been just more than 40 days now since I filed my Answer in which I denied knowing anything about the account and earlier this week the Judge dismissed my Counterclaim