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Quick history: I beat Midland in small claims (no counterclaim by me), which caused another claim by Cavalry (which I did have a counterclaim) to settle with 0 and mutual dismissal w/prejudice a year ago. Its been quiet ever since, however, I just received two dunning letters from two different attorneys for two different accounts. One being capital one, the other synchrony bank (both are JDB). No suits have been filed yet, but I feel its coming, most likely both being small claims. I don't see an arbitration clause in the cap one agreement, so I can deal with that in small claims (same law firm I beat already). The synchrony one is what I would like to pursue the arbitration strategy on. The CCA has the following verbiage: • What claims are subject to arbitration 1. If either you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between you or any other user of your account, and us, our affiliates, agents and/or Wal-Mart Stores, Inc. if it relates to your account, except as noted below. 2. We will not require you to arbitrate: (1) any individual case in small claims court or your state’s equivalent court, so long as it remains an individual case in that court; or (2) a case we file to collect money you owe us. However, if you respond to the collection lawsuit by claiming any wrongdoing, we may require you to arbitrate. 3. Notwithstanding any other language in this section, only a court, not an arbitrator, will decide disputes about the validity, enforceability, coverage or scope of this section or any part thereof (including, without limitation, the next paragraph of this section and/or this sentence). However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide. My question is, should I wait for a lawsuit or file a claim with aaa/jams preemptively? I've read mixed feeling about each on this site. My main concern in waiting for a lawsuit is that I cannot find any way to file a MTC in small claims in alabama. I have googled it, looked up the court rules and even called the clerks office. I cannot find any way to have the judge rule on moving it to arbitration, short of showing up to trial and explaining that I want arbitration as provided in the CCA. If that is the only way, should I then have a case started already before I get there? The answer sheet for small claims has 4 boxes to check: A. □ I do not live in this county and the suit against me is not for work or labor performed in the county where suit has been filed; thus, I want this case transferred to my home county of ______________________________________________, B. □ I admit everything in the Statement of Claim and do not want a trial. (This means that you consent to a judgment for the amount claimed plus court costs). C. □ I admit that I owe some money, but not the total amount claimed by the plaintiff(s). (If this block is checked, the case will be set for trial. Please note that any money paid by you on this claim after the suit was filed may not be reflected on the Statement of Claim which you receive. You should contact the person who has sued you or his/her attorney to determine the present balance which is claimed). D. □ I deny that I am responsible at all. (If this block is checked, this case will be set for trial). I'm still well within the 30 days since dunning, the amount alleged is just shy of 5k. Looking for suggestions, advice, anything. Anybody in Alabama been through this? Thank you all, this site really helped with the first two victories! @fisthardcheese @Harry Seaward @BackFromTheDebt @BV80
First, a big thank you to everyone on the board for all the help you offer to those of us struggling with these problems. I have a question that I have not seen addressed in other threads. Can an attorney for an OC file an offer to settle letter with the court as evidence? Basically, the case is in Ohio. The amount is under 15k. Being sued by original creditor, maybe, the debt collector won't prove who owns the bebt. I filed a motion to dismisss / compel to get this into arb. The OC's Atty filed a motion for stay, using my arbitration application and an offer to settle letter that I had sent him as evidence. In the letter, I denied the debt, but offered to settle, expecting him to throw a number at me to get the ball rolling. Instead he filed that letter with the court as his exhibit A. Can / should I do anything about this? Motion to strike? Motion to deny? File an objection? File complaint with the attorney general, the FTC, the Ohio Bar? Counter sue? I'm very new at this. This was filed last week, so will I have to act quickly on this? Among other things, this atty has violated the following: Refused the initial arb demand and proceeded straight to lawsuit. Refused to provide proof of the alleged debt when I responded to the Dunning letter. Again, went straight to lawsuit. Left phone messages refusing to identify himself as a debt collector. May have called my neighbors and employer. Ignored written cease and desist to stop calling and have all future contact be in writing. Refused to provide proof of who owns the alleged debt. Initially refused arb demands, twice, until it came to a hearing. Also, at the hearing, I was not allowed to say anything. Literally. I didn't even get one sentence out before 'His Honor,' shut me up. He was ready to rubber stamp anything the atty asked for. So now the case is going to arb. Maybe. I want to counter claim everything possible against them. Which threads do I need to study? Which laws do you suggest? Which cases? I'd really like to get a settlement out of this. Even one that's fair to both sides. But if the atty's filing was improper, what can I do about it? Thanks, everyone.