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  1. 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
  2. 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 ch
  3. 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 h
  4. 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 vai
  5. 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
  6. 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 #
  7. 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/Contractua
  8. 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 arbitrati
  9. 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,
  10. 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 Pr
  11. I was served a Summons and Complaint in February, which I Answered on March 17. I am being sued by a JDB on a credit card debt. I just received a notice from the court (2nd Judicial District Court, Washoe County, NV) dated April 17 which is an "Assignment to Arbitration". It goes on to say, The Nevada Arbitration Rules are here: http://www.washoecourts.com/ARBITRATION/PDF/NAR.PDF I have 10 days to choose two arbitrators from the list provided. Anyone have any experience with this scenario that can offer some guidance? Thank you!
  12. Merry Christmas to me! Just before I left for XMas vacation, I sent Discover a Notice of Election of Arbitration, CMRRR. They got confused. They thought I sent a Notice of Rejection of Arbitration. They refused to honor my 'rejection', and sent me a copy of the Cardholders' Agreement (over 20 pages) so I could see how I had done it incorrectly and could try again. They also said they would send me amendments to the agreement in a separate letter, which I have not yet received. I will wait a few days for the amendments. I will try to make a .pdf file of this either later this week or ear
  13. Hi all, I posted another thread a couple days ago asking for lawyers in town. I get some great tips and I will consult the recommended lawyers in a few days, but I would like to do some homework first. Quick summary: It is my wife's Discover card, opend in 2009 and went default in early 2012. Amount is ~8000. The plaintiff's attorneys are Bishop, White, et all., of Seattle. We are in Oregon. Highlighted Events: 1. On July 2012, received a letter from Discover stating "Attorney Placement Pending". They wanted us to contact by Aug 31. 2. Within 2 weeks I sent Discover the following letter v
  14. I am about ready to send out a DV letter to a CA who has just contacted me about and alleged credit card debt. This alleged debt is about 10 months away from the SOL. I had read that arbitration does not stop the clock when it come to the SOL and was wondering if this might be a strategy to prolong this past the SOL date with the obvious hope that a lawsuit is not filed.
  15. Good morning Good people, I am hoping that someone here can help. I have spent the last 10 of my 20 day notice to respond researching the boards to find the right way to properly submit my ANSWER and list the proper defenses. While I have found some wonderful information on here, I am also thoroughly confused because some of the info is conflicting ( i.e. affirmative defenses or not). So, I figured I'd bite the bullet and ask for some direct help. Please see below for my case information. 1. Who is the named plaintiff in the suit? CACH, LLC - 2. What is the name of the law firm han
  16. MTC granted June 2012, I waited for the court order to file with JAMS, but it never came. 6 months later, some new kid in the law firm gives me 30 days to initiate JAMS or he'll file for trial, and yesterday I received notice of a March 7 Merit Trial. In that 6 months time, no contact whatsoever. Anyone think I'm starting all over? Although I don't think the new kid in the firm can force me to initiate JAMS, the judge's comment at the first hearing when he granted Arbitration, was that he would Stay but not dismiss, 'because nobody ever initiates Arbitration'. What to file? Am I unde
  17. Received Summons from Suttell & Hammer on behalf of Citibank in August (no documentation was attached) Answered the complaint - filed with the court and sent a copy to Suttell & Hammer within the required timeframe. Just received a letter from the court that my case was assigned to mandatory arbitration. Have not received any admission from Suttell & Hammer or sent any discoveries of my own. Just wondering if someone can clue me in on what to expect for the arbitration hearing....... Thanks!
  18. Hi everyone, I have read through the steps to arbitration and I finally feel like I am getting a grasp of things.I have been doing lots and lots of research and everything I read tells me that this DC Law firm is horrible to work with. I received a dunning letter and I responded with a letter CMRRR that I disputed the debt, and would like to use arbitration via JAMS per my cardholder agreement. I received 2 statements (random months) and an affidavit of the creditor that after looking online sounds like a generic one that they send everyone. The letter said that I will be please that
  19. 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.) Jerold Kaplan Law Office PC 3. How much are you being sued for? 3k 4. Who is the original creditor? (if not the Plaintiff) WEBBANK 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? R
  20. In August, 2012 I requested discovery, interrogatories, admissions from Portfolio Recovery they have not responded. A few days ago I received, by regular mail, no signature required, a REQUEST FOR ARBITRATION from Portfolio that was filed at the Court of Common Pleas, Fayette County, Pennsylvania. It is stamped November 30, 2012 from the county's prothonotary's office. The document states : Kindly refer this matter to the board of arbitators for a hearing. The amount in controversy is $3272.25 or less and the case is at issue for arbitration. The case is to be tried by and noties sent to
  21. I thought I would post a little cost analysis of arbitration, so that you can see how this becomes a major strategy in using arbitration. This is referencing the consumer's number one choice, which is JAMS. The initial JAMS fees are $800. If it is a business and creditor, it is split equally with the business and creditor each paying $400. If it is a consumer and creditor, the consumer's portion (filing fee) is capped at $250 which leaves the other $150 of the consumer's, to the creditor - plus they have to pay their $400 too. So, the creditor has to pay $550 up front "if" the consumer
  22. I've been over all the previous posts and did see this. I apologize if I missed something. We elected arb and in court, the Plaintiff denied that we had the right. The court ordered that we do according to the arb clause and we had 30 days to initiate arb, which we did. JAMS sent us a bill for $250. and we were in contact with JAMS, who agreed and said, "It does appear the Plaintiff will pay fees up front." However, we just received a notice from the Plaintiff, also sent to JAMS, that quotes our clause, and they say they do not have to pay it. The clause reads, "At your written reques
  23. I don't have enough posts to post a link but the title to the previous thread is 'Being sued by asset acceptance in Ohio'. I've read Linda7's 'strategy and steps of arbitration' and many other threads on the matter. I am just worried I may have made a mistake. Each time there is a development in the case I get worried like the first time I got served. I can give additional information if needed. I will try to give a quick outline to bring anyone up to speed. I was sued by asset for a little over $900.00. I answered the complaint denying the allegations. Before I could do anything else the case
  24. Hi all, I filed MTC, and elected arbitration following Lindas plan. I had a hearing (in the judges chambers) not in the court room. The judge read the credit card agreement, and nodded his head as he read out loud "if either parties elect arbitration it replaces the right to go to court". Sooo I am thinking I am doing quite well at this point. The attorney told the judge that he still elects to resolve the issue in court. After the hearing was completed the attorney stopped me in the hallway , and told me that my motion was denied, and he will be filling a motion for summary judgement. I