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  1. 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 for paying a $250 fee. The Plaintiff sent over the first set of interrogatories, request for production of documents, and admissions. This is when I told myself I have to take advantage of that arbitration clause. My attorney has since withdrawn himself from the case. I was advised in another forum on this site that I need to file a Motion to Compel Arbitration. I'll post the document I've prepared so far in a separate post. My contract reads, " Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal (including claims transferred by the small claims tribunal to another court) shall be resolved by binding arbitration. " Here's the complete arbitration section: Except as otherwise stated below, any Claim (as defined below) will be resolved by binding arbitration pursuant to (a) this Arbitration Provision and (b) the code of procedure of the national arbitration organization to which the Claim is referred (as in effect when the Claim is filed). Claims will be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. Streamlined arbitration procedures will be used if available. If a selection by us of one of these organizations is unacceptable to you, you have the right, within 30 days after you receive notice of our election, to select the other organization listed to serve as arbitration administrator. For purposes of this Arbitration Provision, “Claim” means any claim, dispute or controversy (whether in contract, tort, or otherwise) past, present or future, (collectively, "Claims") as further described below. (If for any reason a selected organization cannot, will not or ceases to serve as an arbitration administrator, you or we may substitute another arbitrator or arbitration organization that uses a similar code of procedure and is mutually acceptable to both parties, in accordance with Section 5 of the Federal Arbitration Act. If both parties cannot agree on an arbitration organization, then either party may ask a court of competent jurisdiction to appoint a qualified arbitration organization.) An arbitration proceeding can decide only your or our Claims. You cannot join other parties (or consolidate Claims). Neither you nor we will be permitted to arbitrate claims on a class-wide (that is, on other than an individual) basis. Small Claims Court Option. All parties, including related third parties, shall retain the right to seek adjudication of an individual (and not class or representative) Claim in a small claims tribunal in the county of your residence for disputes within the scope of such tribunal’s jurisdiction. Any dispute, which cannot be adjudicated within the jurisdiction of a small claims tribunal (including claims transferred by the small claims tribunal to another court) shall be resolved by binding arbitration. Any appeal of a judgment from a small claims tribunal shall be resolved by binding arbitration. SIGNIFICANCE OF ARBITRATION; LIMITATIONS AND RESTRICTIONS. IN ARBITRATION, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO (i) HAVE A COURT OR JURY DECIDE THE CLAIM BEING ARBITRATED, (ii) ENGAGE IN PRE-ARBITRATION DISCOVERY (THAT IS, THE RIGHT TO OBTAIN INFORMATION FROM THE OTHER PARTY) TO THE SAME EXTENT THAT YOU OR WE COULD IN COURT, (iii) PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS IN A CLASS ACTION, IN COURT OR IN ARBITRATION, RELATING TO ANY CLAIM SUBJECT TO ARBITRATION OR (iv) JOIN OR CONSOLIDATE CLAIMS OTHER THAN YOUR OWN OR OUR OWN. OTHER RIGHTS AVAILABLE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Except as set forth below, the arbitrator’s decision will be final and binding. Only a court may decide the validity of items (iii) and (iv) above. If a court holds that items (iii) or (iv) are limited, invalid or unenforceable, then this entire Arbitration Provision will be null and void. You or we can appeal any such holding. If a court holds that any other part(s) of this Arbitration Provision (other than items (iii) and (iv)) are invalid, then the remaining parts of this Arbitration Provision will remain in force. An arbitrator will decide all other issues pertaining to arbitrability, validity, interpretation and enforceability of this Arbitration Provision. The decision of an arbitrator is as enforceable as any court order and may be subject to very limited review by a court. An arbitrator may decide any Claim upon the submission of documents alone. A party may request a telephonic hearing if permitted by applicable rules. The exchange of non-privileged information relevant to any Claim, between the parties, is permitted and encouraged. Either party may submit relevant information, documents or exhibits to the arbitrator for consideration in deciding any Claim. Right to Opt-Out of Arbitration. You may opt-out of this Arbitration Provision. If you do so, neither you nor we will have the right to engage in arbitration. Opting out of this Arbitration Provision will have no effect on any of the other provisions in this Agreement. To opt out of this Arbitration Provision, we must receive your written notice of opt-out, within 60 calendar days after we approve your Loan, at Account Services Dispute Resolution, P.O. Box 77081, Atlanta, GA 30357; ATTN: Arbitration. In your letter, you must give us the following information: Name, Address and Loan number. The right to opt-out granted here applies solely to this Arbitration Provision and this Agreement, and not to any other provision of this Agreement or to any other Loan or other agreement with us. In the event of a dispute over whether you have provided a timely opt-out notice, you must provide proof of delivery. Broad Meaning of "Claims." The term "Claims" in this Arbitration Provision is to be given the broadest possible meaning and includes (by way of example and without limitation) Claims arising from or relating to (i) this Agreement, (ii) any transactions effected pursuant to this Agreement, (iii) terms of or change or addition of terms to this Agreement, (iv) collection of your obligations arising from this Agreement, (v) advertisements, promotions or oral or written statements relating to this Agreement or any transactions between us pursuant to this Agreement, including any Claims regarding information obtained by us from, or reported by us to, credit reporting agencies or others, (vi) Claims between you and us or our parent corporations, wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, independent contractors, employees, officers, directors or representatives arising from any transaction between us pursuant to this Agreement and (vii) Claims regarding the validity, enforceability or scope of this Arbitration Provision or this Agreement including but not limited to whether a given claim or dispute is subject to arbitration. Arbitration Procedure and Costs. For a copy of relevant codes of procedure, to file a Claim or for other information about JAMS and AAA, write them, visit their web site or call them at: (i) for JAMS, 1920 Main Street, Suite 300, Irvine, CA 92614, info@jamsadr.com, http://www.jamsadr.com, or 1-800-352-5267; or (ii) for AAA, 1633 Broadway, 10th Floor, New York, NY 10019, websitemail@adr.org, http://www.adr.org, or 1-800-778-7879. If either party fails to submit to arbitration following a proper demand to do so, that party will bear the costs and expenses, including reasonable attorneys’ fees, incurred by the party compelling arbitration. Any physical arbitration hearing will be held in the federal judicial district selected by Merchant. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration. Each party will initially be responsible for its own attorneys’, experts’ and witness fees and related costs and expenses. Unless prohibited by law, the arbitrator may, applying applicable law, award fees, costs and reasonable attorneys’ fees and expenses to the party who substantially prevails in the arbitration. The allocation of fees and costs relating to an appeal in arbitration will be handled in the same manner. For an explanation and schedule of the fees that may apply to an arbitration proceeding, please contact the organizations at the addresses above. The appropriate fee schedule in effect from time to time is hereby incorporated by reference into this Arbitration Provision. The cost of arbitration may be higher or lower than the cost of bringing a Claim in court, depending upon the nature of the Claim and how the arbitration proceeds. Having more than one Claim and holding a physical arbitration hearing can increase the cost of arbitration. Governing Law for Arbitration. This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and will be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1 et seq., as amended, notwithstanding any other governing law provision in this Agreement. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law. Judgment upon any arbitration award may be entered and enforced in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA, in which case any party can appeal the award to a three-arbitrator panel administered by the selected arbitration administrator. The panel will reconsider de novo (that is, without deference to the ruling of the original arbitration) any aspect of the initial award requested by the appealing party. Continued Effect of Arbitration Provision. This Arbitration Provision will continue to govern any Claims that may arise without regard to any termination or cancellation of this Agreement. If any portion of this Arbitration Provision (other than the provisions prohibiting class-wide arbitration, joinder or consolidation) is deemed invalid or unenforceable under the FAA, it will not invalidate the remaining portions of this Arbitration Provision. If a conflict or inconsistency arises between the code of procedures of the selected arbitration administrator and this Arbitration Provision, this Arbitration Provision will control. I need some guidance though the process of filing a MTC Arbitration, appearing in court on the motion, and (hopefully) initiating arbitration through JAMS. Thank you in advance for your help and advise.
  2. 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, which I just set aside for later. I've been pretty out of it from an injury and trying to deal with recovery and the legal proceedings of that as well. Today I was served at my home- it was a legal serving. I'm in Washington State. They claim I owe over 16k. (I dont think its that much) Firm is Sutter, White Hammer I Checked and they do not have a "collection agency " license which I think WA state requires (my eyes are bleeding from all the reading but I read if a law firm practices majority of collecting debt for their clients then they are considered a "collection agency" and require special licensure- which Sutter, Hammer and White don't seem to have under WA business lic search. I don't know if that's my loophole? I wanted to go for arbitration just to buy time, but am afraid that will end up costing me a bunch more for the fees. I was injured and lost my ability to earn virtually overnight. Its been 2 years. I paid my debts for one year then I just havent been able to keep it going for the last one. I had surgery a few weeks ago and all the sob story later- I believed I just need to buy time and maybe pay them off with the settlement from my lawsuit (injury) But that is taking longer than I thought. All the advice i get is to hire an attorney- If I could afford an attorney, ID just pay the debt. I have no money at this time to negotiate with. Id file Bankruptcy but I cant because of the lawsuit. Any advice.. Everyone seems so knowledgeable. I love the way you guys help. I hope one of you will see this and help me. I want to respond to the summons it says to do so in writing within 20 days. I thought I would say I had requested arbitration... and was waiting for a response to that. ? Can anyone offer any guidance what do I do next?
  3. 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 were going to charge it off and not collect. Probably doesn't make a difference because I cannot prove they made that statement.
  4. 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
  5. 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.
  6. 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 experience with collection company law, but she knew enough to assist with the answers and suggest I find an attorney out here). I have been reading about JAMS and arbitration, but I can't really figure out what exactly I need to do. My wife's account Q/A is below: 1. Who is the named plaintiff in the suit? Cavalry SPV I, LLC2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Quall Cardot, LLP, in Fresno, CA3. How much are you being sued for? $8,235.574. Who is the original creditor? (if not the Plaintiff) Citibank5. How do you know you are being sued? (You were served, right?) I was served, and the summons was also mailed.6. How were you served? (Mail, In person, Notice on door) In person and via the mail7. Was the service legal as required by your state? As far as I can tell, yes.Process Service Requirements by State - Summons Complaint8. What was your correspondence (if any) with the people suing you before you think you were being sued? They called and left a message on her cellphone (paraphrased) ".....if you can arrange a time for us to serve you, we won't have to go to your place of employment and tell your boss about it...."9. What state and county do you live in? Orange County, CA10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 09/10/201311. What is the SOL on the debt? 4 years12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Suit Served--not in default yet. I need to file the response today to stay within the 30 day time period.13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. Have not done so yet.15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? 30 days There are 24 allegations--I can list them but it will take a quite a bit of time and space. She is being sued in her Maiden Name, not that it changes anything. I was able to attach a redacted copy of the official summons.16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. 2 exhibits--one is the credit card statement showing the last payment and balance, and the 2nd is a receipt showing that they purchased a bulk of debt from Citibank--nothing specifically listing my wife's account. Lyn Summons, redacted.pdf
  7. 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 the MTC arbitration a good choice?
  8. 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 (Plaintiff's counsel likened my affirmative defenses to throwing spaghetti at a wall and seeing what might stick in their Response and Motion), so what is the likelihood that a MTC Arbitration would even help me? Also, if arbitration is granted and Midland follows and prevails can I still file Chapter 7 in the future to have any award discharged? I broke out in shingles stressing over all this and I'm only in my thirties! I wish Midland would leave me alone because I have no nonexempt assets or wages for them to collect making this whole process is a complete waste of resources. 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.) Gurstel Law Firm P.C. (formerly known as Gurstel Chargo P.A.) 3. How much are you being sued for? <$850.00 4. Who is the original creditor? (if not the Plaintiff) Credit One Bank *account opened in 2015 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? I was properly served 8. What was your correspondence (if any) with the people suing you before you think you were being sued? No contact, never heard of them until served 9. What state and county do you live in? AZ - Maricopa 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never paid, but the account is over 2 years old based on dates listed in the Complaint 11. What is the SOL on the debt? 6 years 12. What is the status of your case? Suit served? Motions filed? You can find this by a) calling the court or looking it up online (many states have this information posted - when you find the online court site, search by case number or your name). Current case status listed online is Adjudicated. Pretrial scheduled to take place in about 30 days 13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 14. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request, don't bother doing this now - it's too late. No 15. How long do you have to respond to the suit? (This should be in your paperwork). If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. MIDLAND lists charges as follows: Count 1 Breach of Contract and Count 2 Account Stated Did you receive an interrogatory (questionnaire) regarding the lawsuit? No interrogatory. Already filed an Answer denying everything except my name, address, proper venue, court jurisdiction over the matter as the amount is less than $10k, and prevailing party should be awarded all costs. I filed a Counterclaim at the same time I filed my Answer. Counterclaims were affirmative defenses of Laches, Lack of Standing, Statute of Frauds, Unjust Enrichment, Failure to provide copies of contract/statement(s)/etc., and of course that I reserve the right to amend my answers, defenses, and claims at a later date. All of this before I came across your helpful website.... 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. There was no evidence attached to the Summons and Complaint. No evidence has been provided to me and the attorney has filed Motions to substitute counsel, appear telephonically, and to dismiss my counterclaims. I haven't completed the Disclosure form that the court sent me in the mail but it will be due soon.
  9. 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?
  10. 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 with both our names on it? Do I include in my answers that I am invoking my right to choose arbitration? If yes, where/how do I do this in the response? Do I need to actually initiate arbitration (ie contact JAMS and initiate) before sending in answer? Do I need to send letter to debt collection attys and creditor re exercising right to use JAMS for ADR before I send in answers, or can I do it at same time (ie attys for creditors would receive both ADR and answers at once)? This is involving a subprime car loan. I surrendered the car because it never worked right and supposed "warranty/service agreement" they charged me for never fixed the problem (inconsistent starting). I was never informed of time/place of sale of car. Nor was I informed of sale price of car and given an accounting of my "balance owing" - even after several requests to car dealer, creditor, and creditor's attys. My understanding is that this is required and could be cause for dismissal of suit. Do they have to give proof of sale price of car (w VIN on it so I know it refers to the car in question)? Can I argue these failures as an affirmative defense in my answers or do I just say I don't know actual account balance so I cannot admit owing anything? I don't know how aggressive to be with this in answers or how to say it. Thanks in advance for any advice!
  11. 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 $4,500 and the filing fee. I have to answer by tomorrow and am going to do this once I post here. I want to to a MTC again but, how does the Citibank SC exclusion work? I read that "Usually the language in a credit card agreement that has the small claims exception is ambiguous, and as many courts have stated, any ambiguity in a contract is construed against the maker. " The paragraph after the small claims language is thus (2017 agreement): Arbitration limits• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. From a 2011 CA - What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim. What about debt collections? We and anyone to whom we assign your debt will not initiate an arbitration proceeding to collect a debt from you unless you assert a Claim against us or our assignee. We and any assignee may seek arbitration on an individual basis of any Claim asserted by you, whether in arbitration or any proceeding, including in a proceeding to collect a debt. You may seek arbitration on an individual basis of any Claim asserted against you, including in a proceeding to collect a debt. Thank YOU!!!!! The "DV" package contained the following: 1. Bill of Sale - on a blank 8 1/2x11 sheet of paper - no logos, no notary, no seal, no nothing! and 3 statements( 2 copies of each) 3 affidavits (see below as I typed them out) and a computer print out with last 4 of SSN, last payment date, charge off date and name/address/DOB 2. Affidavit from Citibank “Document Control Officer” Susie DeSha, stating my account was sold to Atlantic – dated , 2015 3. Affidavit of Angela Campbell – Atlantic Credit Atty. Relationship mgr. , 2016 – State of NH “1. I am employed as an Attorney Relationship Manager by Atlantic Credit & Finance, Inc (“ACF”) servicer of this account on behalf of ATLANTIC CREDIT & FINANCE SPECIAL FINANCE UNIT, LLC (“Plaintiff”). I am a competent person over the age of eighteen years of age, and I am authorized to make this affidavit on Plaintiff’s behalf. In this affidavit, I make my statements about this account based upon my personal review and knowledge of those account records maintained by ACF on Plaintiff’s behalf and that are pertinent to those statements (“Pertinent Records”). 2. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's CITIBANK NA account xxxxxxxxxxxx- (herein "the account"). 3. As a result of Plaintiff’s purchase of the account, ACF acquired certain account records from the seller and incorporated those records into ACF’s own permanent business records. Those acquired and incorporated records are kept by ACF in the regular course of business on behalf Plaintiff. 4. The acquired and incorporated records are treated as trustworthy and accurate, and are relied upon by Plaintiff and ACF in purchasing and servicing this account because, the original creditor was required to keep careful records of the account at issue in this case as required by law and/or suffer business loss. 5. I have access to and have reviewed the Pertinent Records (including pertinent electronic records) concerning the account maintained by ACF. The electronic records reviewed consist of data acquired from the seller when Plaintiff purchased the account, together with records generated by ACF in connection with servicing the account since the day the account was purchased by Plaintiff. In addition, I reviewed the documents that are attached to this affidavit. 6. As set forth in the records attached hereto, on or about X/X/2015, the account was sold from Citibank, N.A. to Atlantic Credit & Finance Special Finance Unit, LLC. If applicable, the account was then sold to the following debt buyers in order of occurrence on or about: 7. Attached hereto are the following records regarding the account: Bill of Sale(s) and Assignment and/or Affidavit(s)of Sale for the above referenced sales) of the account. Seller data sheet reflecting the individual account data extracted and printed from electronic records provided to the seller to ACF pursuant to the Bill of Sale/Assignment in connection with the sae=le of the account to Plaintiff. 8. The documents attached hereto are true and correct copies of the originals, being a reproduction of the records on file on behalf of Plaintiff based upon my review, except to the extent that confidential and privileged information anf/or personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law. 4. Affidavit of Angela Campbell – Atlantic Credit Atty. Relationship mgr. , 2016 “1. I am employed as an Attorney Relationship Manager by Atlantic Credit & Finance, Inc and have access to pertinent records of this account maintained on behalf of Plaintiff by its agents. I am a competent person over the age of eighteen years of age, and make the statements herein based upon personal knowledge of those account records maintained on plaintiff's behalf. Plaintiff is current owner of, and/or successor to, the obligation sued upon, and was assigned all the rights, title and interest to defendant's CITIBANK NA account xxxxxxxxxxxx- (herein "the account"). In connection with plaintiff's acquisition of the account, relevant account records and information have also been by the original creditor or its agents/assigns. I have access to and have reviewed the records pertaining to the account and am authorized to make this affidavit on the plaintiff's behalf. 2. I am familiar with the manner and method by which the business records I have reviewed are created and maintained on behalf of the plaintiff pertaining to this account. The records are kept in the regular course of business. It was in the regular course of business for a person with knowledge of the act or event recorded to make the record or data compilation, or for a person with knowledge to transmit information thereof to be included in such record. In the regular course of business, the record or compilation was made at or near the time of the act or event. 3. The account shows that the defendant(s) owe(s) a balance of $XXX.xx, based upon my review of business records kept on behalf of Plaintiff, Defendant(s) opened a CITIBANK, N.A, account, and the account was charged off on X/X/2015 4. Those business records that I have reviewed do not indicate that the defendant is a minor or incapacitated person. 5. Attached hereto is a true and correct copy of a statement of account, bill(s) of sale and/or billing statement(s) relating to this account, as reflected in plaintiff's business records and/or records provided to plaintiff by original creditor (or its agents/assigns) in connection with the plaintiff's purchase and/or assignment of the account. 6. The documents attached hereto are true and correct copies of the originals, except to the extent that confidential and privileged information is omitted or redacted and personal identifying information is omitted or redacted as required by local rules, and applicable state and federal law.
  12. 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 interest and fees in violation of the SCRA when I was active duty. I have typed up a request for information/validation letter I found on the CFPB page, but after reading some posts hear, I did not send it.I am in the process of reading through these posts, this is the last derogatory on my history. Any information or assistance you could provide would be greatly appreciated. Thank you in advance for your assistance.
  13. 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 interest and fees in violation of the SCRA when I was active duty. I have typed up a request for information/validation letter I found on the CFPB page, but after reading some posts hear, I did not send it.I am in the process of reading through these posts, this is the last derogatory on my history. Any information or assistance you could provide would be greatly appreciated. Thank you in advance for your assistance.
  14. 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.
  15. 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 here because this is a different thread. Attached is the thread I originally posted about the loss. Anyone here have some info I what I can do next in this case? I feel I was not given the chance I should have been given.
  16. 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.
  17. 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?
  18. 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?
  19. 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, including your payment in full, and your filing of bankruptcy. Nothing in this Agreement shall be construed to prevent any party’s use of (or advancement of any claims, defenses, or offsets in) bankruptcy or repossession, replevin, judicial foreclosure or any other prejudgment or provisional remedy relating to any collateral, security or property interests for contractual debts now or hereafter owed by either party to the other under this Agreement.
  20. 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 motions can be filed? Debt amount stated $2,7xx.38 is not accurate as Discover card accepts payments April, May & June 2016 - less than min amount This is first communication from Discover - no prior settlement offers or contacts from collections Letter rec'd from Discover Feb 2016 offering lower interest rate and stated charge off date end of Feb 2016. Only attached to summons is an affidavit from Discover Bank Litigation Specialist, Feb to Mar statement - not reflecting lower interest rate which we accepted or so thought we did via letter. 1. Asked for verification to attorney when we received summons - not afforded to prior as we did not know it was in collections - asked second time with answer - NO REPLY 2. No cardholder agreements or anything else. Q: I believe we can request Motion to Dismiss? OR Motion to Comple Discovery? OR Strike Affadavit of debt? OR Motion to compel Arbitration? (JAMS) Should we present arbitration request at mediation followed by trial...Very confused! HELP We can not afford an attorney to assist us due to very low income and no resources to borrow money for attorney. Please any help as he can't speak well for himself & I must help him
  21. 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
  22. 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 arbitration waiting for an SOL to expire. I'm hoping that if there was a MTC, then arbitration simply picks up where the court case left off. Thoughts anyone? Hope I'm making sense.
  23. 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 ending in 4409. My previous cases I used the last agreement on the account but I am not sure which I should use for this one. The Webbank Fingerhut agreement arbitration clause is with AAA. I have until May 11 to file my MTD or Alt MTC. I can upload docs if needed. Thank you
  24. 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 my letter to attorney. I received an answer Jan 6th stating that the attached cardholder agreement is Not relevant to subject debt or applicable to subject debt, that it is a random document.. Also defendant has not attempted to show how alleged agreement is admissable under AZ rules of Evidence. Exhibit cannot be authenticated for admissable, without exhibit defendant has nothing to establish debt was governed by arbitration provisions. They ask the court to strike my MTD and file an answer by a date certain at the discretion of the court. My question is if I have 5 days to answer their response.. If so I believe it is by this Wednesday, Jan 13th. What can I do to make my exhibit work to compel an arbitration. Do I need to file an "answer" to this going back to their first complaint filed. I am uploading the case filings. I have followed this forum for suggestions on court proceedings but at this time I need some help on what to do next? Any suggestions are appreciated. 4- Midland Resp to MTD.pdf 3- letter to execute arbitration.pdf 1-complaint.pdf 2- MTD Midland.pdf
  25. 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 Respondents the OC, and ALL prior JDB of this account? COURSE OF EVENTS 5-2013 Collection letter from Attorney Zwicker & Associates on behalf of OC 6-5-2013 I asked for DV 6-26-2013 Zwicker sent photocopy of OC credit card statement. 11-2013 I sent Zwicker a cease and desist and "exempt status" letter stating the fact that i am a permanently disabled senior citizen. I included a copies of my 2013 SSDI benefit statement, My original SSDI award letter, my private LTD benefit statement and a copy of my Physicians statement of permanent disability. 2-2014 Collection letter from Phillips & Cohen Associates representing PCA Acquisitions dba Portfolio Asset Group 3-3-2014 I sent a DV letter to Phillps & Cohen 3-2014 I sent a cease and desist and exempt status letter to Phillips & Cohen Included election of pvt. arb. with JAMS 5-7-2014 Phillips & Cohen validates with multiple photocopies of OC credit card statements. 8-2014 New and current Attorney sent collection letter representing PCA Acquisitions, Synchrony bank FKA GE capital 8-30-2014 Sent DV letter to new and current Atty. 1-2015 Current Atty. files lawsuit against me on behalf of PCA 3-2015 I filed Answer (in accordance to help from great folks on this site) 6-2015 Court holds hearing and issues order waiving all my fees do to my inability to pay. 7-2015 Court orders Case Management Conference 8-1-2015 I notify Current Atty of my election of Arbitration through JAMS 8-2015 I file case management statement which informs the Court I intend to file an MTC private contractual Arbitration. 8-2015 Court issues order cancelling CMC and setting a trial date in January 2016 9-2015 I file MTC 9-2015 Current Atty. emails me requesting I contact his office as "his clients" have agreed to arbitration. I tried tyo put as much info in my timeline as possible without risking confidential information. If more info is needed in order to provide me with the answers I seek, please do not hesitate to ask.