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  1. So I have a small claims suit against me in a few months with a JDB. Citibank is the OC and the debt is within SOL. The JDB is Calvary and I'm unsure if their validation letter is legitimate. Second, I'm unsure if arbitration is allowed in small claims for the user agreement. I only have mobile and it will not let me attach the user agreement. Any help is appreciated. I'd like to settle the debt favorably with what I have available which is about 60% of the total cost alleged. IS arbitration recommended or should I attempt negotiating with JDB?
  2. In MN. Received pocket summons (no court file yet) from debt collector law firm representing 1st creditor. I understand I have to respond to summons to avoid default judgment. I would like to push this to arbitration with JAMS since it was part of the original contract that either party could request. I am hoping debtor fee for arbitration will make them rethink settling or dropping it. Or if neither, level the playing field a bit since I can't afford to hire an attorney. I am a cosigner on account. We are both listed on the pocket summons. Can we respond with one set of answers w
  3. Unfortunately I am back in small claims. After receiving a notice in 2015 from the same law firm regarding a Citibank card, I send a DV (within 30 days). I never heard back. This account went through several players and not one would budge on settlement payment/plan. So I forgot about it. In January 2017 I suddenly received a package in the mail. Please see the attached below. I am thinking I may have yet another violation of the FDCPA - the DV cover letter states "Plaintiff Citibank" and Defendant "Me". Nothing was filed until March 09 2017. The amount on the complaint is $4,50
  4. Recently I noticed a sharp drop in my CS (50 points) and all three CRAs showed a collection for 5900.00 by Cavalry Portfolio Services, with the OC being Citibank. It shows date of last payment as 2014, and in Minnesota I believe has a 6 year SOL. To date, I have not been contacted by Cavalry or any of their partners, that I know of. I have checked state court filings and a suit has not yet been filed. My question is: what is my first move? Should I send a DV? Should I file for arbitration? Or should I attempt a PFD? I have doubts on the amount, and believe the OC may have charged me in
  5. Recently I noticed a sharp drop in my CS (50 points) and all three CRAs showed a collection for 5900.00 by Cavalry Portfolio Services, with the OC being Citibank. It shows date of last payment as 2014, and in Minnesota I believe has a 6 year SOL. To date, I have not been contacted by Cavalry or any of their partners, that I know of. I have checked state court filings and a suit has not yet been filed. My question is: what is my first move? Should I send a DV? Should I file for arbitration? Or should I attempt a PFD? I have doubts on the amount, and believe the OC may have charged me in
  6. I am being sued by Midland Funding and am planning to file a motion to dismiss/summary disposition before I file my answer but am having an extremely hard time finding any forms online to fill out to file for this. Can anyone help? I am finding examples but can't seem to copy the text to modify for my case. ETA: See below for exact details on the case including Complaint and Affidavit.
  7. So I had a loss today in court against PRA, Dallas County court. I asked the Judge if I could MTC arbitration but he basically said my card member agreement was null and void because PRA owns the debt and proved so by showing a purchase agreement. I had a copy of the card member agreement with me but he didn't even look at it, already had the arbitration area highlighted for him. I am attaching the docs I got back with my card member agreement as well. Other members say that its possibly because there is a clause in the arbitration saying the debt can be sold, etc etc. I cannot quote that
  8. Can anyone point me in the direction of how to Initiate with JAMS? I was looking at their website but I see no type of form or anything I can fill out to show I am initiating arbitration with JAMS.
  9. If I filed a general denial and the court set a hearing in 2 weeks can I still elect JAMS or do I need to wait and appear in court then present my contract and advise I'm electing arbitration per my agreement?
  10. I'm filling out the arbitration demand. Just a couple of questions (hope not too stupid). Just to make sure. 1) I'm the Claimant and Discover Bank is the Respondent. Correct? 2) It's asking to "Please cite location of arbitration provision and attach two copies of entire agreement." What location are they talking about? BTW, I read Lind7's thread on Stategy of Arbitration. Are there any other good threads I should read?
  11. If down the line I file bk and include a Barclays account after going thru the arbitration process, will it not be able to be discharged because of this section in their cc agreement? Do I try to stay away from arbitration if there is a chance I will need to file bk in the near future? This section has me so confused as to it's meaning. Can anyone give me an better understanding please? This arbitration agreement applies to all Claims now in existence or that may arise in the future, and it survives the termination of the Cardmember Agreement and the Account relationship, in
  12. URGENT HELP NEEDED My husband (who I have POA for) was served summons May 2016 for credit card suit Discover Bank c/o Brock & Scott PLLC . Details below: Answers & Affirmative actions filed within 30 days June 2016. He is pro se right now as no income Meditation and/or trial Magistrate Court Ellijay, GA on July 20, 2016 Discover Bank c/o Dorian xxxxxxxxx (his location is Conyers GA but states on complaint Brock & Scott PLLC in Winston Salem address) versus the hubby Question: On July 20 what moti
  13. Hey Last appearance my as suggested MTC Arbitration by you great folks was approved by both sides and we have an appearance Friday. Now I have not sent in the arbitration forms because I don't have the $1200 money to pay and the debt is under 4K What is the best strategy to tell the court? Thanks
  14. I'm having trouble trying to determine when the SOL (for FDCPA) began for a case that began in state court and ended up in arbitration. Case originally filed in court in Nov 2013. Arb filed in April 2014. My question revolves around the fact that the SOL for my FDCPA claims would have expired in Dec 2013. But is the SOL stayed for all the time while the case was "trying to get" to arbitration? I can't imagine that going to arbitration after a MTC would require a new start period for the SOL. After all, that would be most unfair for the debtor if the JDB farted around with the arbitrat
  15. I have previously posted on two other cases in litigation electing arbitration. I have been served with a new case involving Jefferson Capital with the OC as Metabank (Fingerhut, but doesn't list Fingerhut in the complaint). My question is I am wondering which card agreement I should use to elect arbitration. I can't find the Metabank agreement that was opened in September 2011. I do have the agreement that took over the account which is Webbank in 2012. The complaint list the account ending in 8705 which is the Webbank account number that was changed in 2014 from the original account endi
  16. I have received a summons on Dec 9th from Midland stating count 1 Breach of Contract and count 2 Unjust Enrichment. They attached an affidavit from their legal specialist that included a bill of sale, assignment and billing statement from Citibank, (Best Buy) I did not submit an answer instead a MTD or in alternate Compel Private Arbitration with Jams also included exhibit of contract (Citibank) attachment, on the same day (Dec 24th) I sent a letter to attorneys for litigation waiver and election to arbitrate. I also sent a letter to JAMS electing arbitration with the Return Receipt from
  17. Thanks to everyone who has been helping me over the course of the last 2 years. Your help has been invaluable to me. I'm afraid however, my questions continue. I'm presently filling out a JAMS form to be mailed to the Attorney for the JDB. I the "Strategies of Arbitration" thread Linda gives a very detailed process and I am following her direction, but I have a question regarding the "Respondents". Linda says to add anyone associated with the account against whom I may have a claim. My question is thus: (and I'll fill in the details of the case after the question) Should I list as Respo
  18. I really need a General Strategy of how to fight Midland represented by Johnson Mark. I understand majority of documents and their purpose, but I'm worried that if I do not see the whole picture beforehand, I won't be able to react appropriately or prepare in time. Can anyone direct me to some sort of flow-chart of how the case moves through civil court. Maybe a TO-DO list and what-to-expect list and appropriate time limits. I'm a little confused on timelines and all necessary requests and filings. I'm worried if I do not file or answer some document in a timely manner then I will be basi
  19. I filed a MTC requesting arbitration in a case with PRA. I am in Jefferson County. I filed my answer and MTC on time, and included the cc agreement (Wal-Mart/Synchrony). Today I got a notice that it was denied on Feb 24 and entered into court on 3-2, and the reason was "per JDR 318" which reads: "The Jefferson District Court Civil Division has jurisdiction over the following matters: A. Small Claims Complaints; B. Civil Complaints up to and including $4,000.00; C. Evictions (Forcible Entry & Detainer);
  20. shellieh98 @debtzapper @texasrocker @TomnTex I have seen some awesome support & responses from you guys and I am hoping to I can get some feedback. I am seriously running out of times, and stressed. I was served by Portfolio Recovery Associates LLC Assignee of Synchrony Bank. In Texas, we only have 14 days to answer and I am seriously running out of Time. I already sent a Meet and confer Demand for Arbitration letter ( to the Attorney and PRA). I am in the Process of preparing the following Answer/Motion. I have not heard back from the attorney, and I am running out
  21. Hello, Does anyone know where to find an older credit card agreement? Also, I am trying to file a motion to compel arbitration with JAMS. Do I need the credit card agreement from when the account that was originally opened with GE Money or when Synchrony took over in 2013? How could filing this motion to compel arbitration backfire on me? Is there a reason the judge would not approve it? I have found from my research, I need to attach both "a copy of the credit card agreement", and "notarized statement that the agreement is the correct one to the best of my knowledge" to the m
  22. I am currently in AAA with a JDB. Surprisingly, JDB paid the fee so we have started the process. Today I got the notification today that arbitrator has been appointed and we (me and JDB) have about one week to raise objections if any. Meanwhile, we are also asked to start scheduling a preliminary hearing. I have some questions and hope to get suggestions. Thanks in advance! 1. About the arbitrator: I did not see any specific problems with the arbitrator, but this may also because I really do not see what to look for... Anything I should pay attention to? 2. What should I prepare for the p
  23. I am new here, I started a blog Saturday, but think I went to the wrong place. I am being sued by Portfolio Recovery Associates LLC, PRA in the state ofTexas Saturday morning (2/20/2016) I received a Civil Citation for a Debt Claim Case, which was given to me by my 7 year old daughter, who got it off of the front door 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates LLC assignee of XXXXX bank XXXXX (store name) 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Kelvina Wiley, in Dallas Texa
  24. I'm in Macomb County, Michigan, I'm being sued by Portfolio Recovery for the amount of $716.28. Summons and Complaint was issued 6/2/15. I answered their complaint, I mentioned that their affidavit was made more than ten days before the complaint was filed and I also stated in my Affirmative Defenses that I there is an Arbitration clause in the agreement (that I provided because Portfolio Rec doesn't have it) and that I seek to choose arbitration. I don't know how much weight Affirmative Defenses hold but the judge seemed to ignore it as it continued on to Pre-trial (Dec.3rd 2015). I then f