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  1. So I have got this far reading posts here. My question has to do with the request for admissions and interrogatories. Do I just object to all of the requests due to improper venue? Also they are beyond the time limit to answer my motion to compel. Can I file a motion to dismiss for failure to follow court rules? I'm not sure if it was even a good idea to file the mtc other than delaying a judgement. Edit to add: I was looking at the court website at all of documents filed and what they had scanned in. When they filed their request for admissions they request for interrogat
  2. I went to court two weeks ago and my MCT was granted by the judge and no argument (they agreed) from the JDC. As I'm reviewing the Synchrony Bank cc agreement under the heading 'How to start an arbitration, and the arbitration process'. Am I reading correctly (see pic #2) that the JDC would have to file the arbitration and notify me in writing?
  3. I was sued by Portfolio Recovery Associates LLC (OC was PayPal Synchrony), had court last week, and it ended really bad. I got a continuance for 90 days and will be going back in November, and I would really appreciate any help/advice I can get. So a little background story, I did not open this card, 2016 a relative stayed with me and basically opened a lot of stuff under my name, I tried paying some of it but I couldn't keep up and due to stress (I was in last semester of college - graduation, working full time, two kids, and also getting married the same year - then got my hours cut an
  4. 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
  5. I am trying to compose the Demand letter required by AAA to file a case: "(1) The party who starts the arbitration (referred to as the “claimant” throughout the arbitration) must contact, in writing, the party that the case is filed against (referred to as the “respondent” throughout the arbitration) that it wishes to arbitrate a dispute. This written contact is referred to as the Demand for Arbitration (“Demand”). The Demand must do the following: • Briefly explain the dispute • List the names and addresses of the consumer and the business, and, if known, the names of any representatives
  6. I am filing a MTC Cavalry/Citi. I had a MTC granted by a judge in my circuit in another case. Question: Can I cite my previous case to bolster my MTC in this case?
  7. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2.
  8. 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 wa
  9. I'm having a hard time finding out how to file an MTC in Kentucky.
  10. 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? (
  11. 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
  12. 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, reject
  13. 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. 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
  14. 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?
  15. 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
  16. 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
  17. 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.
  18. 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.
  19. 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 b
  20. 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
  21. 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
  22. 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 ha
  23. 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 compani
  24. 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?
  25. 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