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  1. Good afternoon -- I am currently being sued by Portfolio Recovery for an old credit card debt. I filed my initial answer back in July, along with a Motion to Compel and attached a copy of the Card Agreement to the motion when filing. My pre-trial date was on October 7, and when I arrived the court had misfiled my motion to compel, and was not aware that there was to be a motion hearing at that time. The plaintiff's attorney and I spoke with the clerk and we rescheduled the motion hearing for December 16th, but when I was reviewing the paperwork I noticed that I had attached the wrong Card Agreement which I had downloaded from the CFPB -- I had initially download the current (6/2021) agreement, when in fact I needed to attach the agreement from 9/2019. When I merged the files into a .PDF I accidentally attached the newest agreement, which wouldn't effect me as Portfolio had already purchased the debt in January 2021. How do I file a change at this point? Is it to late to update this? How would I reword or change my Motion? Thank you all for all of your help and information so far!
  2. Will Goldman Sachs follow me to arbitration for $8k ? I have filed my answer with court denying all. Sent motion for discovery to Zwicker, 2 days later I received a Plaintiff's Initial Disclosures. They listed (6) employees of GS with the title of Legal Operations Analyst. Do I need to respond to this? Or is it for my records? I haven't heard anything on the discovery motion yet, is this disclosure in response to my discovery request? Do I wait for the discovery, or do I submit my MTC Arbitration and dismiss?
  3. Hey everyone first post been on the forum all night looking for an answer hopefully some one can help! Back ground: Being sued by lvnv OC credit one $1,000 In Arizona They have filled MSJ For breach of contract & account stated I have two questions main question 1). In my Arbitration agreement it says each party shall bear their own expenses then it say the arbitrator shall require you to pay us collection cost including attorney fees. As a result of your default (I can upload the page or be more clear on this if need just trying to keep it short) Does this mean that they attorney fees will be add on to judgment if I lose arbitration so debt $1k +$5k attorney fee I did read here somewhere that the total can't be more then the original debt is this true 2). The MJS is for a. breach of contract say that because I used the card I agree to the terms b. Theory of account stated basically I didn't contest the amount due My question is wouldn't this create two separate contracts on the same debt the first is a written contract SOL is 6yrs the second is stated SOL 3yrs and has passed Any thoughts on how to respond to this. Thanks in advance
  4. I'm in the middle of arbitration with Mandarich and Velocity on a lending club loan for $28k. So far Mandarich has been unwilling to talk about a settlement. They plan to call me as the only witness and the documents they have are basically just the original loan agreement and summons from when they filed a civil trial against me. We have a final abritration meeting on Monday and JAMS just sent out a $12k bill to them two days ago. I'm confused as to their plan to use me as their only witness. I thought they would need a witness to discuss the loan and payments made not made? Any insight you folks could give to me here?
  5. Hello all, On Thursday, April 29 I received a call that I did not answer, the caller left a voicemail saying that they were from a firm with initials C and B. They did not say who the message was for, or what the call was for. They did not identify themselves as a debt collector. On 5/6/22 I received a letter from them and they are a debt collector, collecting on behalf of of debt buyer that starts with a C for synchrony Bank/PayPal. They say that I owe $3500-$4500. I did have a PayPal credit account, and there's a chance I still owe on it, but I don't remember having a credit line that large. The letter is addressed to me, at my address. However they listed the last four numbers of the alleged PayPal account, they are not the last four numbers of my PayPal credit account. I just went and searched through old emails to confirm that. They are not even close. Further, the letter said that between February 17, 2019 and today I made a payment. I cannot find a record of this payment. My last payment to them according to my email receipts was in July 2018 and it was not for that amount. So we have mystery payments, and an incorrect account number that as far as I can tell has never belonged to me. On 5/7/22 I received a letter from the original creditor informing me that they have sold my account to the debt buyer that starts with a C on 4/17/22. The letter also listed this unknown account number, and the amount owed at time of sale. I posted a similar post on another forum, but this place seems more active so I've reworded it slightly to make it more clear and I'm hoping for some guidance. As of right now, it has not appeared on my credit reports. Because I didn't have an account with them before, I'm not sure this is a case of identity theft. It was suggested to me on the other forum that I file for arbitration before they sue me. I am open to this, but I do have questions. Firstly, where do I find the PayPal credit terms and conditions for 2018? I did some searching but I'm not coming up with anything. Secondly, I don't know what this account number is but all I have the back that up is a few years of email receipts making payments on an account with a different last four numbers. I don't have anything that shows the rest of the account number, only email showing that I paid to an account with a different last four numbers. Is that sufficient? I want to do this right, I want to be treated fairly but I don't want to run afoul of any laws in the process. The other compounding issue is that currently I am completely disabled and rely on Social Security disability for my income. I will find a way to come up with the $200-$250 filing fee but only if I have a chance. I think you for taking the time to read this in any guidance you may offer.
  6. Answer to a Complaint: Some States have Court Adjoined Mandatory Arbitration to reduce caseload. Filing a Motion to Compel Private Arbitration is challenging as it possibly deprives the Court of fees should the majority of credit card lawsuits file for MTC and receive award and stay of action. We know Federal Arbitration Rules take precedent over the States however tend to get ignored . Once engaged in the discovery process the case moves forward and the action will most of the time preclude the MTC for private arbitration. Question: If I file an Answer to my Summons & Complaint that includes a countersuit will this be construed as a forward action preventing a motion to compel private arbitration (MTC). Would the results be similar as filing discovery and initiating the action in Civil Court.
  7. This will be a series of posts regarding general information about the strategy and steps in arbitration. Please read all the way through as tidbits have been added from time to time. A MTC arbitration is listed in post #8. If you need one requiring a brief in support, you can find that in post #165. A sample of a formal complaint is now listed in post #36 & #37. Sample violations are listed in post #38. Settlement negotiations are discussed in post #76. A Motion to Clarify is listed in post #274. This might be helpful to file back with your court (and ask for a hearing on your motion) if Citibank sneaks into AAA after a consumer has already filed in JAMS. Sample letters to send to the creditor and their attorney "after" your MTC arbitration is granted are listed in posts #298 and #299. This allows the creditor an opportunity to "get out" of going into arbitration while the consumer gets what they want. Both parties are pleased with a mutual walk away. The creditor saves money by not going into arbitration and paying the high fees, while the consumer gets the court case dismissed with prejudice, no selling of the debt, deletion of the negative tradelines and no 1099. Election letters, judge's order, affidavit, etc., are discussed in various posts. Please read through the whole thread to glean any information that might be applicable to your situation. Capital One has been using the argument against consumers that they took out arbitration in 2010 and even though your agreement from when you opened the account has a survivability clause, they say that due to their amending the agreement in 2010 - that arbitration is no longer an option. See post #272 for a sample of a MTR (motion to reconsider) that can be filed if the judge rules against the consumer. Or you can use the arguments in the MTR to orally argue the points if you have a hearing scheduled and Capital One brings up the Ross v BOA case. *NOTE - the case cites are for Michigan. You could use your own state's case cites and then use the rest of the MTR to support your argument. In talking about election and initiation, please realize this is two separate things. Election is when you notify the creditor and their attorney (if it has gotten that far) that you elect arbitration. Initiation is filling out the forms to begin the proceedings of arbitration. If you are dealing with Citibank, you have to elect and initiate with JAMS on the same day to keep them from getting into AAA. If you want to use arbitration, elect "early"! In some courts you waive your right to arbitrate if you participate in discovery or file other motions with the court. They take that as continued litigation. In Florida, you would want to send a letter electing arbitration to the attorney and creditor and then file a MTC arbitration with the court. Don't file an answer first or you waive your right to arbitrate. In some other states, you can file your answer along with your MTC arbitration and use as your first affirmative defense that you have elected arbitration which takes away both parties right to litigate. If you want arbitration, check your own state's rules to make sure you file correctly and don't waive your right to arbitrate. If your agreement has arbitration, you can use this as a strategy to get the creditor out of court or keep them from ever getting into court. And why would you want to do that? Because in court, it doesn't cost the creditor much to pursue the collection of the debt. However, if you get into arbitration, it will cost the creditor a "lot" to pursue the same debt. Often times this will get them to walk away or at least give you great negotiating power to get a great settlement. Here's a thread which gives more information in regard to that - http://www.creditinfocenter.com/forums/arbitration/309878-cost-strategy-arbitration-why-works-consumer.html'>http://www.creditinfocenter.com/forums/arbitration/309878-cost-strategy-arbitration-why-works-consumer.html Another good reason that one might consider using arbitration is due to the SOL of the debt. In most courts (not all) you can't successfully use the argument of the contract's language of another state's shorter SOL. However, there are a very few exceptions - with Florida quickly being one of them that comes to mind. In Florida you can stay in court and use another state's SOL. Read up on the Pincus case for more information. Also, be sure and check to see if your state views credit card debt procedural or substantive or if your state might have a borrowing statute. However, for the majority of states, you're generally stuck with your own state's SOL even though the agreement may specifically say that it is governed by the laws of the state of Delaware or Virginia - they will still use your own state's "longer" SOL. Georgia is one of these states that comes to mind. But, in arbitration your state's rules should be thrown out the window and the arbitrator will ask what state's laws you want to use, so you at least have the option of declaring that you are abiding by the contract's language and you both agreed to the contract which says that Delaware or Virginia will govern the contract. (If one of those is in your agreement). So, then if you wanted to use the shorter SOL, then you would have a reason to ask for a dismissal if the debt is beyond the SOL according to the laws of Delaware or Virginia. Again this will depend on your agreement's language, so read them thoroughly. First, I would like to say to "read" your agreements! There is a wealth of information there and depending on who you might be up against, the agreements and/or even the years of the same creditor's agreements can be different. Always look for one that is more to your liking and use it as the governing agreement. If you attach an affidavit, that makes it a fact before the court. To defeat this, the creditor would have to provide authentic evidence or a witness from the OC with personal knowledge - anything else would be hearsay. So, in other words once you file your affidavit, you've just twined another obstacle in the creditor's path. Think of the year the account was opened and what year the account defaulted, then look for any and all agreements that fell within that time period and find the one that best suits your needs. In particular, look for one that has JAMS as that is the best for choosing against a creditor as it costs the creditor a "lot" to pursue the collection of a debt when the consumer has elected JAMS. Also, be on the lookout for a survivability clause in the agreement you want to use. Often the creditor will try to say that the agreement you chose is outdated and say that it has been amended to a newer agreement that is better for them - the newer agreement could have even gotten rid of JAMS. But, if you have an agreement that fell within the time period of when the account was opened and the default and it has the survivability clause, then you direct that to everyone's attention - even including that part in your MTC arbitration. The survivability clause should say something along the lines that it will survive "any" changes in the agreement, etc. *Also, please note, this thread contains my views and opinions only and is not "set in stone". **Also please note this is a work in progress and I will be stopping from time to time and then coming back to pick up from where I left off. My hope is to try and get all the information together in this one thread.
  8. Hello Fellow Members! I need a little help. I am being sued by of course, Midland! As advised on a previous thread, I plan to file a MTC arbitration. By reading the attached agreement, can anyone interpret whether or not I can file a MTC/Arbitration in Georgia? The summons/claim was issued without previous notice and was filed at the Magistrate Courts in Gwinnett County. I currently have 16 days left to file an answer. I was advised to file a MTC after I file my answer. However I do not know the steps to take exactly. Such as, should I file an answer at the same time? The attached arbitration agreement is too complex for me to interpret. Your help is much appreciated. Thanking you in advance. ARBITRATION FOR CREDIT ONE BANK.pdf
  9. Thank you in advance for anyone willing to help! (Also, apologizing in advance for any typos!) I commenced arbitration with Barclays about a month ago and finally got the email today that the process has started. A little bit about the story: Im in California. There was a charge for a significant amount. I paid half my bill in good faith so that my credit wouldn't show high utilization and because I didn't expect anything to go wrong. Ended up needing to dispute the charge and won. However, I was only rewarded for the amount that I didn't already pay. So left with around 20k that barclays didn't return. Then it starts getting weird... So, for months after the rewarded dispute Barclays was weirdly showing that I owed around $20k because of some technical glitch and was charging me interest (some of which I accidentally paid because of autopay and was still never returned to me), getting collection calls (unfortunately I never called to ask them to stop), and reported this incorrect information to my credit (even after a couple letters sent to the CRA's to validate the debt). After a couple months I ended up filing a CFPB claim and someone finally called me back. It took a while but they finally removed that I owed around 20k but that was it. The credit history was still left and they also weirdly left the interest that was accrued from not paying that balance and when trying to reach back out no one ever got back to me. So after a while I decided to just send a demand letter with a lawyer letter head and see where that leads. I was demanding around 20k (for the amount that wasn't awarded), for the balance to be rightfully reflected that I don't owe anything, credit history to be fixed, money in interest I paid to be returned, to be un-blacklisted from barclays (as this whole thing got all my cards closed), and listed in the demand that they called me for collections that were never rightfully owed, they didn't properly deliver my adverse action notice (language for closure was too vague), and falsely reported to the credit bureaus unowed amounts... Shortly after the demand letter, I noticed that they actually did make my balance $0 on my barclays account. I then got a call from a lawyer who asked if he could delete all the bad credit history could we settle. I said no possible way as I still wan't everything else on the demand letter. I told him if he doesn't intend to cooperate then I will pursue arbitration and touched on how fees for arbitration add up. He then said that barclays is not in the business of rolling over and settling if an arbitration is brought against them and that was basically the end of that. I then filed arbitration. So here we are, just wanted to ask for any advice at all as it seems my situation is much different the the other posters as its not debt I' am trying to settle rather money they owe me I am trying to get back. I just got the first letter from the pro se team basically asking if I plan to continue representing myself and acknowledging receipt of the demand for arbitration. Is this where I respond to the email requesting a 3 person arbitration and in person hearings?
  10. I have fought the cc companies back successfully til SOL took away their options. However this is my very first court case. OC is Synchrony Bank- Walmart i was served papers 3 days ago to which I have already filed a general denial and will submit to court today. I have already opened a case in JAMS and will mail OC and their attorney request for funds for arbitration as per their cc agreement.
  11. Hello everyone. I am working on a Demand for Arbitration through JAMS against Portfolio Recovery for a synchrony bank/amazon card. They sued me for $973 in small claims in Indiana. The small claims court judge granted me 60 days to file arbitration after I filed a motion to compel arbitration. I am choosing to file with JAMS even through the lawyer responded to my motion with a response citing AAA and attaching AAA Rules and asking judge to order me to initiate arbitration with AAA within 60 days. The judge responded with an order for me to commence arbitration within 60 days or consider my right to arbitration waived. He did not specify I needed to file with AAA (or any specific company) and my card agreement states I may choose JAMS or AAA. So, I am going with JAMS and assume this is ok and within my rights per card agreement and that said lawyer was trying to manipulate. I did read the arbitration post by Fisthardcheese and have a couple questions. 1. I'm not sure what to put in the "Nature of Dispute/Claims and Relief sought by Claimant" section. I have no evidence of violation of laws or fair debt collection practices. Should I just put, "Billing dispute"? and then put the $973 (amount of original lawsuit) under "Amount in Controversy"? 2. Where do I put the request for PRA to pay my JAMS filing fee? And is there a example letter I can use? Do I type it into the form or attach a separate document? Should I also cite the "Waiver of Arbitration Fees" for being within 300% of federal poverty guidelines (I am not sure if my state participates in this, JAMS rep told me there are only 3 states that do this, but would not say which states) or just wait and mention that later if PRA refuses to pay? I'm probably going to leave this out for now. I am planning to send everything both by email and certified mail to both JAMS and PRA lawyer. Any help is much appreciated!
  12. Good evening room, Thank you for the amazing amount of assistance and advice on these boards. I have spent hours over the past few days catching up. I was served Thursday evening by Appling County's (Georgia) finest. It is similar in content to most posts regarding velocity & lendingclub. Suite on contract Representing counsel is Roy Reagin of Ragan & Ragan, Duluth GA Liability of $15,1541 + $1,991 Copy of lending contract with arbitration clause using JAMS or AAA Multiple purchases of debt & spreadsheet with payments Nowhere near SOL I am replying “Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter”. So the kicker here is that it is in Superior court. I used the online form recommended here and I found my county but the form is for magistrate. Don't think it will swing. I called the court and the only answer I received is that my attorney will have to file my reply. I pulled the rules for Georgia Superior court and under filing/replying is below: Rule 6. MOTIONS IN CIVIL ACTIONS Rule 6.1. Filing In civil actions every motion made prior to trial, except those consented to by all parties, when filed shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated fact are relied upon, supporting affidavits, or citations to evidentiary materials of record. In circuits utilizing an individual assignment system, the clerk shall promptly upon filing furnish a copy provided by the attorney of such motions and related materials to the judge. Rule 6.2. Reply (Motions in Civil Actions) Unless otherwise ordered by the judge or as provided by law, each party opposing a motion shall serve and file a response, reply memorandum, affidavits, or other responsive material not later than 30 days after service of the motion. Such response shall include or be accompanied by citations of supporting authorities and, where allegations of unstipulated facts are relied upon, supporting affidavits or citations to evidentiary materials of record. [In State Court, see State Court Rule 6.2.] Amended effective May 5, 2011; May 23, 2013. So from my simple understanding I can file on my own. I just need to follow @firsthardcheese 's direction in the arbitration overview and strategy pinned post. Reply Deny due to Lack of Subject Matter Jurisdiction – The underlying contract contains a private arbitration clause which the Defendant has elected to exercise. Therefore, This Court does not have jurisdiction to hear this matter Have MTC (including the statement that "the Loan Agreement I am submitting is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise")(3 copies) Hand to clerk and ask to add to my case file stamp all three copies I send one to opposing counsel Wait for hearing date & stand firm Am I missing anything? Again, I sincerely appreciate all of the advice and case history. Have a good evening, bk
  13. I was sued by Midland Funding llc in Jan 2019. I answered and appeared in court where I filed a motion to compel arbitration. I paid the $250 fiing fee. Jams sent Midland an invoice, but Midland never paid the required $1,250 fee. A final request was sent to Midland by Jams on July 2019. The request states if fee is not received within 30 days, the file will be closed. To this day I have not heard anything. What is my next step? Do I contact Jams and request a formal closing of the case? Can I have the derogatory account removed from my credit report? Thank you for any help I receive.
  14. Hi, If any one has a CITIBANK agreement for 2005, 2004, 2003, 2002, 2001... I prefer that it has JAMS but if I can't find with JAMS, I could argue that there is arbitration clause. Thank you!
  15. Hey everyone! I came across this website in my googles and have spent the past 2 days reading up on A LOT in this forum, for which I am eternally grateful for! All the knowledge and help that have been provided has been weirdly comforting to me, knowing I'm not the only one going through this, so thank you all so much! Despite that though, I'm still feeling very anxious, nervous, and uncertain about this whole process, it's the first time I’ve ever had to go through this, so any guidance and advice on how to proceed would be tremendously appreciated. I've filled out & included the questionnaire below but am including my general inquiries here to get right down to it. So, first things first, I wasn't personally served with the summons, my father received the summons and complaint for the suit since I wasn't home at the time, so I believe that means I have 30 days to file an answer. I set an appointment to file my answer for tomorrow morning but I will be pushing that back to give myself more time to be more informed and see if I should file the motion to compel in order to begin the arbitration process instead. I was using LawHelpNY to formulate my answer and, during the walkthrough, was asked about how I was served and, apparently, I was supposed to receive a mailed copy of the summons in the mail since it wasn't given to me directly, but haven't received anything like that. It said I wasn't served properly as a result, so, just for clarification, does that mean I can claim I wasn't served correctly in my answer? Would it be correct to claim that even? Aside from that, I wanted some insight into what else to include in my answer. I wonder if a straight denial is out the question, or should I dispute specific allegations within the complaint? I can claim three things to be true as far as the allegations are considered: my name and address are correct, I recognize Lending Club as the original creditor, and the transaction took place in NY. So, if I proceed to claim lack of knowledge for the other allegations, do I have to defend why that is? For the most part, I am not sure what the amount left to be paid was for the loan, nor do I recall the account number, and I've seen that I could claim lack of standing because I've never directly done business with Velocity Investments themselves. Is that the case here? Could I claim lack of standing with Velocity? That's where my confusion lies with this truth vs. denial business. Any light that can be shed in how I can formulate my answer would be tremendous help for me, I would so appreciate it. I just don't want to screw anything up and get ahead of myself here. As for arbitration, is it really the best route to take? (I pasted the arbitration agreement I could dig from LC below for reference.) It's incredibly intimidating to me, so I'm wondering, if I go down this road, do I have to hire a lawyer? I'm unrepresented at this point in time, but I've consulted 2 different lawyers, but they told me what I already know through my google searching, so not sure if I should really bother with one at this point. Of course, it'll be beneficial but I'm unemployed at the moment and strapped for cash, which is why I'm even considering arbitration to begin with because I don't think I can settle, so I really don't have the means for a lawyer right now. Also, would it be worth to try to negotiate and reach out to them to see if something can be done? Will that need to happen before I file my answer and/or MTC? And any guidance as to what to include in my MTC and how to draft it (as per NY rules) would mean the world to me! I'm incredibly sorry for the long post, but I wanted to be thorough here, so, if you made it this far, you're a saint, thank you! I appreciate any and all responses, thanks for taking the time to help me out! I appreciate it so much! ___________________________________________________________________ 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.) Malen & Associates 3. How much are you being sued for? $7600 4. Who is the original creditor? (if not the Plaintiff) Lending Club 5. How do you know you are being sued? (You were served, right?) My father gave me the summons that was delivered. 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? None that I'm aware of 9. What state and county do you live in? NY, Orange County 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2018 11. When did you open the account (looking to establish what card agreement may be applicable)? July 2017 12. What is the SOL on the debt? To find out: 6 years 13. 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). It just says Pre-RJI on the court site 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Through a credit repair agency earlier this year, yes 15. Did you request debt validation before the suit was filed? Note: if you haven't sent a debt validation request before being sued, it likely won't help create FDCPA violations, but disputing after being sued could be useful to show the court that you dispute the debt ('account stated' vs. 'breach of contract'). No, not personally, but I don't know if the credit repair agency I worked with did this. 16. 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, included copy of S+C below; No questionnaire included. 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Nothing. 18. How did you find out about this site? Google ------- Arbitration Agreement: 21. Arbitration. RESOLUTION OF DISPUTES: I HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS MY RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND ME. I UNDERSTAND THAT I HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN PARAGRAPH (b) BELOW. If you are a "Covered Borrower" as defined by the Military Lending Act (32 CFR §232, as amended from time to time) at the time of entering into this Agreement, this section 21 Arbitration is not applicable, you do not need to opt out of or take any action to ensure inapplicability. a. Either party to this Agreement, or any subsequent holder, may, at its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 21 (the "Arbitration Provision"), unless you opt out as provided in section 21(b) below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any subsequent holder (or persons claiming through or connected with us and/or the subsequent holders), on the other hand, relating to or arising out of this Agreement, any Loan Agreement and Promissory Note(s), the Site, and/or the activities or relationships that involve, lead to, or result from any of the foregoing, including (except to the extent provided otherwise in the last sentence of section 21(f) below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counterclaims, cross-claims, third-party claims, or otherwise. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable. b. You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to WebBank, c/o Lending Club Corporation, 71 Stevenson St., Suite 300, San Francisco CA, 94105, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the terms of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. c. If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to customeradvocacy@lendingclub.com at any time, or by calling (888) 596-3157 from Mon-Fri 6:00 AM to 5:00 PM PT and Sat 8:00 AM to 5:00 PM PT. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA’s web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. d. If we (or the subsequent holder) elect arbitration, we (or the subsequent holder, as the case may be) shall pay all the administrator’s filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the subsequent holder, as the case may be) shall pay the administrator’s hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator’s rules or applicable law require otherwise, or you request that we (or the subsequent holder) pay them and we agree (or the subsequent holder agrees) to do so. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein. e. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction. f. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this section 21(f), and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this section 21(f) shall be determined exclusively by a court and not by the administrator or any arbitrator. g. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information. h. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or Lending Club; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or Loan Agreement or Promissory Note(s) or any other promissory note(s) which you owe, or any amounts owed on such loans or notes, to any other person or entity. If any portion of this Arbitration Provision other than section 21(f) is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 21(f) are finally adjudicated pursuant to the last sentence of section 21(f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision. THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY. S+C (Velocity)_Redacted.pdf
  16. My wife is being sued by second-round sub in the Bowie County District Court of Texas. We have submitted our answer to the Court and our motion to compel arbitration. We submitted her motion to compel arbitration to the Court on July 2, 2020, but we still have not heard anything from the Court. In the meantime, our demand for arbitration with JAMS has been approved and second-round sub has been sent a notice and an invoice for the deposit of $1750. My question is, should we submit to the Court our accepted demand for arbitration with JAMS as evidence to the Court in an attempt to get our motion to compel arbitration fulfilled?
  17. Hello, I was sued last September by PRA in Arizona for slightly over $2K for a Barclay's Card account. MTC Arbitration was granted by the Justice Court in December, and I went ahead and filed an arbitration case with AAA (per the CC agreement) this January 24th. After a couple of requests by AAA to PRA in Febuary for the $300 filing fee and $2500 arbitrator's deposit, PRA paid up the $2800 and I received the initiation email from AAA on March 9. Currently AAA is awaiting an "Initial List of People, Firms, Companies, and/or Groups Involved in the Arbitration" form from both parties due the 16th. PRA has not paid the $1400 case management fee as of yet. Here's the catch: after I filed the arbitration case on Jan 24th, PRA went ahead and filed a motion to dismiss the case WITH PREJUDICE in Court Feb 11th, and the motion has been granted and the court case dismissed. My copy of the motion got temporarily lost in the mail (by me), and when I saw it the other day a light bulb went off in my head. Can't I simply drop the arbitration case at this point and walk away from the matter with my hands clean? I saw a post by Harry Seaward in another thread (2nd post down) stating that the court retains jurisdiction in AZ after a granted MTC (per ARS 12-1502 ) to confirm the arbitrator's award. But does this apply when the plaintiff drops the case and the court dismisses it? My hunch is that it doesn't matter and the court matters are finished, though I could be wrong. Here is the thread referenced: https://www.creditinfocenter.com/community/topic/330238-arbitration-question-in-az-regarding-lawsuit-by-pra Thanks in advance for your replies and all of the help received thus far on this great forum!
  18. At the end of Fall 2019 I was mailed a collection notice from LVNV Funding. The original creditor was Synchrony Care Credit, the amount $1,200, within SOL I denied debt and requested verification/validation. Within a couple of days, I received a verification packet showing the transfer of debt to LVNV funding, Statements showing a balance for 1 year (no charges/balance only stmts ), and a CareCredit Card agreement. The CareCredit card agreement lacked much information (APR, DATE, NAME, etc.), but it did have an arbitration clause. A few days after receiving the packet, I was sent a letter of intent to sue from LVNV. I contacted the credit bureaus and disputed a Synchrony Care Credit trade line and a new LVNV collection. I knew some information they reported/changed to be factually incorrect. A month later I was served in person. I’m in California. I Scheduled an MTC hearing 45 days out, filed MTC, memorandum of points and authorities (included copy of Care credit agreement they sent), Order, and had plaintiff served. I filed POS as well. This week (29 days before hearing) I was served via USPS a request for documents, request for Admissions, and Special interrogatories. The date to respond timely to them (30 plus 5 days) falls exactly on the date of the MTC hearing. However, the date on the “request for documents” has a date of 2 weeks after the hearing. Here’s my question. Should I respond prior to the hearing? I can prep the docs to send at any time, but am considering having them served via mail the same day of the hearing, depending on the ruling. I could answer “ Objection, defendant has exercised her right to utilize arbitration as the forum to resolve plaintiffs claims, and responding to this discovery request may constitute a waiver of that right (thankyou @Harry Seaward for this from another post). “ VS “objection, defendants’ motion to compel arbitration was granted and the scope of discovery is to be determined through arbitration (not sure if this is phrased correctly) .” In the event my motion is denied, I can serve the first response while filing an appeal with the court the same day of hearing. Either way, I will bring a copy to the hearing in case they show up and it gets brought up. Is my objection how I should respond to every question on all three documents... request for Admissions, Special interrogatories and request for documents? I’ve attached a redacted copy of questions for reference. Ive read through these forums and don’t have a clear picture on what the motion hearing will look like...if the judge will ask me about the case law I used on my MTC or if the other side will show up and what to expect/prep for if they do. Any advice/guidance would help. Thank you for your response. This forum helped so much with my MTC and I appreciate any advice. Question from LVNV.pdf
  19. Hello all, So I received a few letters from attorneys in December, indicating that I was being sued. I did a case search on my name in the system and found that Portfolio Revocery was suing me for a Lowe's account ($1,234). I was never served, but kept checking the court site every week to see if any new motions were being put in or additional information. One week, I saw that the processor said that I was served on December 19th and they filed notification on January 12th (so sketchy). This meant I had less than three days by the time I saw it to respond. Anyway, I scoured this site, spoke generally to an attorney and filed my answer, and got a court date. I prepped myself for the hallway discussion and had my responses prepared and I also carried my MTC arbitration just in case all else failed. Well, all else FAILED. lol. In the hallway Tamara presented a stack of every statement ever sent and copy of a letter "from" Synchrony Bank stating that they sold my account to them (date, name address, and account number). I moved forward with my last resort and presented my MTC. This was the ONLY familiar hallway exchange, when she proceeded to tell me how expensive it was. She wouldn't accept my motion in person, she just said ok, we can go back in. We reentered the court and went up to the judge. She informed her that I wanted to go through arbitration. I was given another court date and told that if I didn't file, I would be expected back in court on that date. wtf.
  20. 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
  21. I got served papers saying that I'm being sued by Midland Credit in Chatham County. I already filed the response under "DENY". The law firm is Cooling & Winter. It was from an old credit card bill from Synchrony Bank and they say I owe a little over five grand. My court date has been set and I want to do an MTC but I don't know the first thing about how to construct one. Are there any resources? I'm not even sure what to say or the correct format. Also, do I need to file this ahead of time? Send a copy to the lawyers office beforehand? Or is it best to just wait and let it play out in court? Any advice would be greatly appreciated.
  22. MY ANSWERS TO THE STANDARD QUESTIONS: 1. Who is the named plaintiff in the suit? PRA 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) listed for Norfolk, VA 3. How much are you being sued for? $1000.00+ 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/Amazon (I have copy of agreement with JAMS clause) 5. How do you know you are being sued? (You were served, right?) Court verified 6. How were you served? (Mail, In person, Notice on door) Notice on door on August 21st | Mail rec'd August 22nd. 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? No 9. What state and county do you live in? Indiana 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) 2.2015 11. What is the SOL on the debt? 6 yrs 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). Court website has status as SERVED AUGUST 21st. 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. Did you receive an interrogatory (questionnaire) regarding the lawsuit? (listed below) I have 20 calendar days to respond. Which means Sunday, September 10th is my 20th day. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Included in the summons packet are the following documents: PAGE #1 Summons - Must answer the complaint in writing to be filed with the court within 20 days from date you received summons. PAGE #2 Affidavit of Debt - Unpaid balance $1000+ on account ending in XXXX. This account was opened 2011. Last payment received 2015. Type of acct: Credit card (Synchrony Bank/Amazon) Plaintiff is not seeking attorney fees PAGE #3 Complaint: Account of NAME, account number ending in XXXX is in default Original creditor is Synchrony Bank Obligation is past due. Amount owed $1000.00+ Plaintiff demands judgement against defendant for the sum plus court costs. PAGE #4 Bill of Sale: September 2016 - There is no identifying info at all on this document. Document indicates forward flow covenants and conditions in purchase agreement - no purchase agreement included. PAGE #5 Summary of Account Activity from Amazon. PAGE #6 & #7 Appearance by Attorney in Civil Case PAGE #8 Certificate of Service
  23. To my fellow Hawaii people have no fear do not let these scum bags take advantage of you! I had my first court date today I was served 2 weeks ago. Basically it was just an answer to the complaint filed by the JDB's lawyer. The options were "admit or deny" Always DENY!!!! When you are served show up and fight the pukes!! Dont take it laying down DO NOT TAKE A SJ!!!! I heard name after name after name read out, about 17 out of 20 people no showed and got a SJ against them!! The other 2 people chose "admit" and gave up!! NEVER NEVER lay down for these sum! FIGHT BACK!!!! I was reviewing my paper work and found that the JDB's lawyer violated FDCPA!!! From what I figure they totaled up about 6 violations so far Im going to ask the group what they think............ be strong FIGHT BACK!!!!!!
  24. Let me first thank you all for the incredibly valuable information contained in these forums, and for hopefully answering my questions below. Some background: Today a 'Collections' trade line was added to my credit report by Midland Credit Management for the amount of $1700. It was the first reporting of this account to any Credit Bureau. There were no 30/60/90 delinquencies etc prior to this line. The original OC was Synchrony (PayPal Credit), an account without a physical card and without any signed agreement. A credit line was added to my PayPal account and that was it. They never reported this account, which was opened in 2016 while I was married and which went unattended during and after the divorce in late 2017. Not only did this derogatory report take 55 points off my credit score, it will also disqualify me from applying for a USDA loan, which I had planned to do in the summer. Reading through these forums, I have seen that an Arbitrarion strategy is not advisable unless there has been a lawsuit filed by the JDB but also that it's not entirely discouraged, especially if there is no Small Claims provision in the original CCA. Having considered paying off this debt to have the derogatory remark removed, I have learned that this won't work as CRAs don't much play the pay and delete game anymore. And I need that derogatory remark removed completely to be able to get that government mortgage. Other than this issue I have a spotless payment record. So, I see my only option is to get the account dismissed with prejudice - and with a stipulation to have the trade line removed - in arbitration (assuming of course that the JDB doesn't follow me there) and to use that to get my CRs cleaned up. As the amount is relatively small, I'm unsure if and when MCM will file a suit. I've read it can take up to 2 years for them to do so after adding a 'Collections' and I really can't afford to wait that long to activate the Arbitration strategy, which, by the way, along with the detailed information here as to how to use it is a godsend My questions are then: 1. Given the above, would it be wise to initiate an Arbitration hearing? 2. Assuming that MCM drops this if I initiate an Arbitration, and I get what I'm looking for, would that end the matter, and would the CRAs honor the arbitrator's ruling?
  25. Recently served summons for breach of contract on a Barclays card. JDB is Unifund. I am currently battling PRA in magistrate for a separate suit (account stated) My knowledge to defend JDB revolves around traditional court litigation. After reading arbitration posts, I filed my answer. Denied everything. Affirmative defenses = lack of subject matter (arbitration), Statute of limitations. The scheduling order was made and entered the next day. It appears Unifund already filed a motion to vacate, is this the same as a continuance? Unifund did not attach a card agreement with their complaint so I'm not 100% certain arbitration is option. It appears most Barclays card agreements do have a arbitration clause. Q's Is Unifund known to follow the defendant through arbitration? Or more or less a sure thing they eventually walk? It's unlikely Unifund can prove breach of contract with proof of a written signed contract and I believe the Sol is close to or has passed (would need to argue accrual of time). Advise requested on the course of action to take before filing a motion to compel arbitration. Thanks
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