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Found 740 results

  1. I've always wondered this, but which credit card agreement applies on a debt collection? Is it always the most current, or when the account was opened, or when the account was defaulted? If I do an MTC arbitration, does this agreement attached indicate that I have to pay the filing fee? In the best buy cc agreement attached, it says this in the PAYMENT section. We will pay your share of the arbitration fee for an arbitration of claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA rules. And it looks like I'm only allowed to arbitrate with AAA. Does that mean I'll have to pay the fees to file since this is related to debt collection? I'm just wondering if the Best Buy credit card is something I should pursue arbitration with against PRA. My_Best_Buy_Credit_Card_Agreement.pdf
  2. Hello, everyone! I've been a lurker here for a while, and am happy to be able to post at last. Here is the required information: 1. Who is the named plaintiff in the suit? Midland Funding, LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Jack H. Pogosian, Alec Weston Hankins, Kristy Gabrielova, Nichol Alan de Guzman, Hyo Jin Julia Jung 3. How much are you being sued for? 2844.87 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank/CareCredit 5. How do you know you are being sued? (You were served, right?) In-person service 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? Yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? Standard MCM letters 9. What state and county do you live in? San Diego county, CA 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Never 11. When did you open the account (looking to establish what card agreement may be applicable)? September 2014 12. What is the SOL on the debt? 4 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). Case Management Conference tomorrow 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 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 Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Standard issue from what I've read on other threads: Last statement from CareCredit, listing of charged-off accounts with info blacked out, MCM statements, etc. So I'm finding this interesting. Back after I was served, I initially thought about settling, then stumbled upon this forum. After reading, I decided to push back. I filed my general denial shortly after I was served, and in mid-May I sent Midland a letter requesting arbitration via JAMS (as per my account agreement). I haven't heard a peep from Midland, besides a letter saying the account was placed 'In Dispute' and they don't know why I'm pushing back. As stated above, tomorrow is my Case Management Conference. In my Case Management Summary, I stated that I wish to have arbitration, so I hope that's taken into account during the CMC. I did make one gaffe, however. Because I had not heard from Midland regarding my letter asking for Arbitration, I filed a MTC Arbitration. Speaking with the juedge's clark yesterday, he told me it will likely be rejected due to no hearing being scheduled. (It's still Pending with the court clerk.) One thing: Is it typical for Midland to not file a CMS prior to the CMC? They haven't filed a summary yet, and I want to make sure I'm not surprised by anything. If any more information is needed, please don't hesitate to ask. Thank you all for being here and being so helpful! GB
  3. Mloske

    Midland lawsuit HELP!

    Hey guys! Need help again, this is my 3rd lawsuit from midland in the past 12 months. I beat them in the two previous lawsuits and both were removed from my credit report. However, this last one has thrown me for a loop. I did exactly what I did with the last two, granted my MTC and stay pending arbitration, submitted my documents from JAMS proving that I have started the arbitration, the next day my case was closed, dismissed withOUT prejudice. I am confused to what just happened. I was granted a stay, JAMS hasn’t received payment from the attorney, my arbitration case is open, so why was my cases closed? I am not happy with the order and want it dismissed with prejudice . What I read on the JAMS site is that if they don’t pay then they close the case. Then what? I am attaching my case docket of the events as well as the orders... any suggestions would be much appreciated! @fisthardcheese @Brotherskeeper
  4. Hello, I am new to this forum and so glad I have found. I have been reading through the board but havent been able to go about filing my arbitration. I was served papers back in April for a court date of 8/3/2018. I decided to call the company and settle. I wish I didn't after finding about this information later. I have made one payment to Portfolio recovery for this account from Synchrony bank. Am I still able to file arbitration? When i check the court records online it says a copy of the judgement was sent to both parties but I never received it. How do I go about this. I also have another account with portfolio recovery services for synchrony bank/walmart. I haven't been served papers for this as yet. Can I go ahead and file arbitration for this? Also, how do I find a copy of the consumer agreement? I do not have any old statements. Is it possible to do so online. Any information would gladly be appreciated. Thank you
  5. My friend has a collection showing on all 3 credit bureaus from LVNV who is a JDB, who allegedly purchased an old Citi CC with a balance of $13,000.00, so it wouldn't qualify for small claims in Iowa and therefore arbitration by either party is allowed. The SOL is not up for another 1 and 1/2 years but there is no TL on credit bureaus from the OC Citi regarding this account as it must have been removed sometime after LVNV allegedly purchased this account from Citi. Anyway, every once in awhile for the 3 years LVNV has had this account they send a dunning letter from one of their many companies for this alleged account, Since they update this alleged debt monthly on Equifax and Experian, but not TU even they show LVNV on their report, we decided to dispute the debt on TU first just to see if it would be investigated and see LVNV would respond to the dispute. We disputed on 11/5/2018. Meanwhile, he received another dunning letter from yet another one of their collection agencies they own a couple days later. What we would like to do is get rid of this alleged account now and we want to wait and see if they verify the dispute as valid on TU. Then, on the same day and timely under the 30 days for a validation request from their last dunning letter to my friend, we want to send by CMRR of the collector a demand for validation of the alleged debt, also writing election of private contractual arbitration from AAA which is who CITI states we would need to use per their cardholder agreement for the date the alleged debt delinquency purportedly occurred, a copy of the AAA filled out form with Arbitration account reference # provided and a request that all future communication be done so in writing. The AAA form would show that there was no proof of chain of custody, no custodian of record affidavit from Citi Bank proving account was valid, no contract or balance from cc statements showing accumulation of debt or any proof of assignment from OC to JDB. It would be nice to send the above to LVNV's law firm but we don't know who that is. This would hold off any lawsuit since we elected and will eventually initiate arbitration while also stopping their collection efforts until we get a response to our request. LVNV believes he has no W2 employment income that they can garnish (which he doesn't) and no property or bank account to attach a lien to down the road (which he does). I've seen on different forums that we should wait until a lawsuit is started and the do a motion to compel arbitration as a affirmative defense, but since this is a JDB we like our chances electing and initiating arbitration as outlined above, letting LVNV know my friend's plan of defense in hopes of a settlement offer to get rid of this alleged debt. What do you think of these additions to the demand for validation letter in achieving a settlement?
  6. I was sued by a JDB, and properly filed a MTC arbitration. Before the motion could be heard, the JDB filed for a default judgment. Eventually the MTC was granted. Did the JDB violate the FDCPA by filing for default once they knew I was demanding arbitration?
  7. I just wrote this whole post and it disappeared. Ugh!! but in a nut shell LVNV did not show up at the hearing and the arbitrator and I waited 30 mins, no call no show and I just got my confirmation letter (see attached) lvnv arb award to Defendent.pdf
  8. Hello Everyone, Like many, I have been closely following this forum for a long time, soaking in so much empowering and invaluable information. After wringing my hands and banging my head against the figurative wall in agony, I've finally mustered the courage to reach out to you in hopes that you can give me some advice. The JDB I'm dealing with is LVNV, and the law firm representing them is Harris and Zide. The OC is Citibank. I have not been sued yet, but I did receive a dunning letter dated 10/19/18. From the various posts I've read so far, it will be a matter of time before I receive a court summons. The amount is a little less than $2K (OC: Citibank). The strange thing is, LVNV actually owns not one but two of my charged-off Citibank accounts, and the other one is a little less than $10K. I received a collection letter from LVNV on this larger debt back in June of 2018, but it wasn't from a law firm/department, and I have not heard back from them since then. Both debts have the last charged date of Feb. 2015, and the SOL runs out at the end of February 2019 (California). So why is Harris and Zide only sending me a dunning letter on just one of the debts (with smaller amount)? I would like to be proactive and develop a strategy to either make the JDB go away, or at least gain leverage for a smaller settlement. I'm thinking of sending them a Debt Validation letter where I include the wording that I want to opt for arbitration as per Citicard agreement (without admitting ownership of debt); my reasoning is that given the small amount of the debt (less than $2K), LVNV would conclude that the cost of arbitration would override the value of pursuing the debt all the way, which would give me greater leverage to settle on my own terms. I am concerned, however, about the other debt they own which, at close to $10K, might be worthwhile for them to stick through arbitration. Since Harris and Zide has not sent me any letter about this account, should I just stay mum and just focus on the smaller account? What are chances that it's some error or oversight that has caused them to overlook the other account? It's obviously way past the 30 days since I received a collections letter, but should I send a DV letter (again with the arbitration wording)? I'm hoping that given the cost prohibitive nature of arbitration, LVNV would choose instead to be more willing to work out a more amenable settlement arrangement with me. In the past couple of years, I have worked hard and settled all my other delinquent/charged-off CC debts (they were all with the OC in-house collections department). I have exhausted all my financial resources trying to clean up my credit and to take ownership of my debts. I don't have additional $12,000 to pay a JDB. I am exhausted, and I am so close to reaching the SOL (February 2018) that I really want to enrich this JDB as little as possible. Thank you for reading this long post. I would love to hear your thoughts and advice. What would you do if you were me? Any insights from our veteran California forum members?
  9. SC454e 108118101516020.pdfSC454e 108118101516020.pdf
  10. Hello All, I have lurked on this forum for over a year now. I have filed my response to JDB's counsel Harris and Zide. My case has fallen into the hands of arbitration (judicial non-binding). Of course I got a Declaration in Lieu of Testimony and there was no name of the affiant nor an address. I sent JDB's counsel a meet and confer letter (CC'd arbitrator) and they basically told me to kick rocks and were rude and nasty...so I am unable to subpoena their witness for cross examination. I will object to the affiant's declaration but I am not sure how to do that in my brief or if I should, any thoughts?. This case has been going on since July of last year and I know that I do have the fall back of requesting trial if I don't like the arbitrator's response so I am not too concerned or should I be? Does anyone have a sample Defendant's arbitration brief to share?...A copy of Plaintiff's brief is attached... I am also preparing my motion to strike, motion in limine and request for summary judgment for failure to state a claim once arb is done I didn't know to do this a year ago. They also sent junk and no precise chain of title/assignment...same game just a different player. Please let me know if you have any issues thoughts or concerns. "My meet and confer letter is attached here is there response: Dear Ms. XXXX: The meet and confer code section you reference does not apply to the issues you have presented. That code section addresses issues with discovery responses. My office last provided discovery responses to you in February. The deadline bring a motion with regard to any issues you had with those responses has long passed. The court has referred this matter to arbitration and expects the arbitration completed within a reasonable time. Plaintiff intends to go forward with the arbitration as ordered by the court. Plaintiff believes its form complaint sufficiently pleads a cause of action. If you do not agree, then it is up to you to determine what steps you should be taking. Plaintiff believes it has submitted sufficient evidence in its declaration to support entry of judgment. If you do not agree, then again, it is up to you to determine how to address that. Plaintiff’s declaration is being used pursuant to the California Rules of Court for use of declarations at an Arbitration. The Code of Civil Procedure rules regarding use of a declaration at trial do not apply to an arbitration. Plaintiff disagrees with your position and contentions and will vigorously any and all of the baseless motions you claim you will file. Sincerely. Flint Zide lvnv.doc lvnv brief.pdf By the way I did seek to find legal counsel (defense counsel and consumer attorneys in my area) but none would take my case because the amount they are suing me for is so low (they said they would not feel right billing me $250.00 per hour for a $1700.00 claim) SMH...OC Credit One and JDB LVNV Funding... declaration in lieu of testimony.pdf
  11. Hello All, I am looking for some help. I was recently sued and I don't know what to do. I'm trying to stay calm, but I am internally freaking out. If you one can provide any details, I would greatly appreciate. I'm interested in the arbitration path, but I'm not sure if that will help me or hurt me. Below are the details of my situations. I currently live in GA and I'm recovering college graduate. I don't have any money to spare, but I also don't want a judgement on my public record. Please Help Me! 1. Who is the named plaintiff in the suit? Velocity Investments LLC 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Ragan & Ragan 3. How much are you being sued for? Under $4K 4. Who is the original creditor? (if not the Plaintiff) Lending Club, maybe Web Bank 5. How do you know you are being sued? (You were served, right?) Served in person 6. How were you served? (Mail, In person, Notice on door) In person 7. Was the service legal as required by your state? yes Process Service Requirements by State - Summons Complaint 8. What was your correspondence (if any) with the people suing you before you think you were being sued? nothing 9. What state and county do you live in? Georgia, Dekalb Conty 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) August 2016 11. What is the SOL on the debt? To find out: 6 yrs Statute of Limitations on Debts 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). Suit served. Must file answer within 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? 30 days. (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. Defendant is a resident of this county and is subject to the jurisdiction of this court Defendant resides and may be served at 'insert my address' Defendant executed a electronic transaction entering a loan agreement, identified as 'account' with Web Bank. This was serviced by LendingClub Corporation Defendant received the load proceeds Defendant breached the loan agreement by failing to pay as agreed and left a balance Webbank has transferred all their rights, title, and interest in this loan account to lending club Plaintiff purchased the loan agreement and received written agreement of the debt at issue in this action Despite demand by Plaintiff, Defendant has failed to pay amount due on the loan amount Defendant is liable to Plaintiff for the sum of $XXXX.XX in principal, $XXX.XX in interest and fees, and costs of action Did you receive an interrogatory (questionnaire) regarding the lawsuit? No. Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Loan Agreement printed offline, Loan Disclosure printed off line, Certification of Loan Sale, Bill of Sale, two spreadsheets w/ principal, interest, payment breakdown and payment history
  12. Hello, Beforehand I would like to thank everyone because this forum has helped me tremendously. I had 2 cases filed against me, I was able to obtain a dismissal on one as soon as I filed my MTC. Well the other did not go as smoothly today...... Filed MTC 01/20/18, AZ Justice court approved arbitration 02/06/18 and received order to initiate arbitration Filed for arbitration 02/22/18, arbitration said they were backed up and did not start working my case until 04/03/18 Arbitration did not start process or any mailings to any parties until 04/03/18 Today was my trial and I was pretty confident all I needed was my confirmation of the arbitration case being file 02/22/18 and copy of the letter sent to JH Portfolio on 04/03/18 requesting fees to be paid to initiate the arbitration case. Well pretty much the judge did not care I had confirmation of filed a case with AAA, he read the letter to JH portfolio letting them know the needed to send fees by 04/17/18. After reviewing confirmation and letter judge initiated the trial and entered judgement against me for the amount owed. I was not prepared for trial, I assumed my receipt and letter would be sufficient to stay further proceedings. I'm contemplating an appeal, what are my chances? It seems an appeal would go to Superior court, my main basis for the appeal is that arbitration was filed, started and was pending the receipt of fees from the other party, at this point AZ Justice court should have allowed more time for arbitration to proceed..... Thanks,
  13. NotALawyer86

    Being sued in GA by Cavalry SPV I LLC

    Hi everyone! First-timer here. So, first of all, thank you all in advance for any feedback/advice! It seems that Cavalry has sued more than enough people. I haven’t been served yet, but know they’ve filed a claim. Claim is for a credit card debt around $8K From what I am reading, arbitration is the best route to go for this. In the statement of claim, they listed an account statement, bill of sale, and they are saying that I am indebted to them for the debt. Citi has sold the debt to them. At this point, I’m thinking that verification is enough to support their claim to file. However, I’m seeing that they are not a fan of arbitration. Any advice on where I should start? I have not been served yet, but want to respond timely.
  14. Hi, I am trying to find what the next step to do is. I have looked at some other posts involving Arbitration titles, and not sure what to do. But I did find a questionnaire to help with defining my background. 1. Who is the named plaintiff in the suit? JBD 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) 3. How much are you being sued for? Under 10,000 4. Who is the original creditor? Citi 5. How do you know you are being sued? I was served papers by it being dropped off, 6. How were you served? (Mail, In person, Notice on door) The first papers where served in person. Dropped off by a guy. The Notice of Assignment to Arbitration was served through the Mail. 7. Was the service legal as required by your state? As far as I can tell Yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued. Nothing, they would call and I would not answer them. 9. What state and county do you live in? Oregon, 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations). I am not on the outside of the SOL. Not sure when Last payment was made. 11. When did you open the account (looking to establish what card agreement may be applicable)? I believe the date was in 2017. 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). 14. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 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 I did not request debt validation. 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? I have 14 days 17. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. In the first paperwork from the lawyers, they sent NO papers expect the summons paperwork. So the question I am wondering is about my letter of Notice of Assignment to Arbitration. I am not sure what to do, I thought I read that I should wait tell "JBD", sent in there paperwork for an arbitrated, but not sure (cant find it again). I have been going through a lot of forums and different websites to find information on how to fight the JDB. But not a lot of information on Arbitration. Most people just get sued, and it looks like the court sent this letter saying that Arbitration is Mandatory (ORS 36.400 to 36.425). Do you need anymore info? Anything is helpful. Thanks Just edited some names and dates. thanks
  15. First off, thank you to everyone who provides info on this forum. I never would have gotten to where I am with my defense against Midland Funding. I'm being sued by Midland Funding in MN civil court. They filed a motion for summary judgment and the hearing is next week. I did not file anything during discovery and instead elected to elect arbitration with AAA (alleged contract with Citibank NA states AAA is only option). At the same time I filed a motion to dismiss/compel arbitration. Anyway, the firm representing Midland was served properly and with enough notice and the motion hearing was this morning. No one from the firm showed up. The judge was not too happy obviously, and said that the date originally for the summary judgement next week will now be used for my motion, she will discuss what happened with the judge scheduled for that hearing and also mentioned the possibility of a default judgement in my favor due to no one showing up. So, they are in trouble. My question is what should I do to keep the boot on the throat, so to speak. I believe I have some momentum in my favor, I want to be able to take full advantage. At a minimum, they wasted my time and the court's time -- how do I hold them accountable and demonstrate to the court I respect the court's time, unlike the firm suing me. Thanks in advance.
  16. I am in Oregon. was sued by Zwicker for USBank. First, they cheated on service and default (signed on day 29 of 30). I had default nullified. Then, I was denied right to appear at arb. hearing after being told i could pay fees anytime before the hearing, then told of 14 day limit ON DAY 16. But I was able to acquire - legally - unequivocal evidence of Ex Parte emails between Zwicker associate and arbitrator. Arbitrator even offered costs not pleaded for, if Zwick chose to amend and ask for them. I played naive and asked about certain things, and both lied outright, then tried to tell me BS so i would not inform court - "it's irrelevent" "your hyperbole and accusations are improper. my actions were completely correct." etc. Any advice on how BEST to use this evidence, to both support my case, and to hold these people accountable?
  17. Hi I am being sued by Midland through an attorney in Georgia. I never received an initial letter. I was served March 1, 2018 and was totally surprised because I never received anything stating that I owed Midland. I called the court and they stated that they filed but hadn't submitted the server confirmation yet. I have until the end of March to reply. I did have an account with the bank but it was written off. 3 different DC owned the alleged account before Midland. They sent me the attached bill of sales with certificate of conformity and 3 copies of old credit card statements without my name and a fact sheet with my name address total due. The bill of sales do not have my name on them. They show that they bought a bundle of accounts. I need help, please! I downloaded a copy of the answer form from the court. Should I answer with deny and/or should I motion to dismiss for a lack of information and the fact that there was no initial communication? I'm a 57 year old nervous Reck! PLEASE SOMEBODY HELP ME! 1. Who is the named plaintiff in the suit? Midland Funding LLC assessor in interest to Credit One Bank NA 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? OVER ONE THOUSAND 4. Who is the original creditor? Credit One Bank N.A. 5. How do you know you are being sued? I was served. 6. How were you served? In person. My husband received it. 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? I never knew of Midland until the lawsuit. I haven't responded yet to the lawsuit. I have until March 30, 2018. 9. What state and county do you live in? Georgia Gwinnett County 10. When is the last time you paid on this account? 2016 11. When did you open the account? 2012 12. What is the SOL on the debt? 4 years 13. What is the status of your case? claim filed Feb 8, 2018 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No, because I never received anything regarding this debt until March 1, 2018. 16. How long do you have to respond to the suit? March 31. 17. What evidence did they send with the summons? Affidavit stating that they bought a bundle of accounts. They attached 2 bill statements: One for 2016 and One for 2017. They also had a field data attached. The suit just claimed the defendant is indebted to the Plaintiff as follows: Owe the principal amount $1,xxx.xx, subject to a credit for payment in the amount of $00, plus pre-judgement interest at the rate of 7% from charge-off date through judgment date, plus post-judgment interest at the statutory rate and all costs (Court costs subject to Court approval) of this action. Midland Funding LLC purchased this account. The original credit grantor is Credit One Bank, N.A. the original account number is xxxxxxx6969. All exhibits attached hereto support the foregoing allegations and by reference are made part of this Statement of Claim. That said claim is in the amount of: XXXXXX principal was left blank interest, plus $117.00 cost to date and future cost of this suit. State of Georgia. It was sworn Jan 22 2018 Notice and Summons was stamped Feb 19, 2018. It said Plaintiff made a claim and is requesting judgment against me and that I needed to present an answer. CLAIM STATED.pdf
  18. I'm debating whether to defend a small claims suit for $4321 for an Account Stated Claim with a law firm claiming to represent Discover Bank, or at my final hearing next week motion to compel Arbitration. The law firm filed into the case the credit card agreement with the Arbitration clause, however, I can defend the Account Stated claim by disproving their element that we agreed to the claim's balance of $4321, citing a dispute letter I sent the firm disputing the amount. Which strategy would possibly be more successful?
  19. Background I was laid-off in 2016 and am now a full-time student receiving assistance from a few sources - I am on track to earning my bachelors in IT/Security this year (after 1 1/2 years of study). In late 2016, my mother attempted suicide (due to prior abuse from her now ex-husband - stepfathers suck) which had brought a heavy burden upon my family and I. Nothing is more terrifying than having to drive from Atlanta to Alpharetta...not knowing whether your mom is dead or alive. Unfortunately, this combination of events has led me to largely ignore my financial situation and place me where I am today. Currently, I have close to $7,000 of debt supposedly purchased between 3 junk-debt buyers. Do I regret some of the decisions I made regarding my financial situation? I do. This lawsuit has opened my eyes as to the importance of resolving this situation. It's my hope that this community would be willing to assist me through this process. So, to anyone responding to this thread (and the many more I plan to make) - let me go ahead and state that I am greatly thankful for your time and input. Questionnaire 1. Who is the named plaintiff in the suit? MIDLAND (Blood-Sucking) FUNDING LLC DBA SYNCHRONY BANK 2. What is the name of the law firm handling the suit? Green and Cooper LLP 3. How much are you being sued for? ~$2200 4. Who is the original creditor? SYNCHRONY BANK (Amazon Store Card) 5. How do you know you are being sued? The non-stop flood of lawyer advertisements 6. How were you served? Someone dropped it off 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? No correspondence - I logged into Midland's website to view amounts they were trying to collect after I was made aware of the lawsuit. 9. What state and county do you live in? Georgia Cobb County 10. When is the last time you paid on this account? 05/2016 11. When did you open the account? 2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit Served 14. Have you disputed the debt with the credit bureaus. No 15. Did you request debt validation before the suit was filed? No 16. How long do you have to respond to the suit? 30 days 17. What evidence did they send with the summons? Exhibit A: Statement 12/21/2016 Exhibit B: Statement 1/22/2016 Exhibit C: Bill of Sale from OC, Affidavit of Sale from OC, Blanked Certificate of Conformity for Notary Exhibit D: Electronic Field data Exhibit E: Affadavit from Midland's Legal Specialist SCAN: complaint-clean.pdf It's essentially the same as this user: Goals 1. Dismissal with prejudice 2. A clear understanding of the process for potential litigation in the future. My Questions 1. What do you recommend I should be doing now? Will it be possible to visit the court and obtain the complaint and relevant information before being served? I am currently awaiting to be served - I will update with the necessary information as soon as I obtain it. Ideally, I'd like to start this process and get a court date ASAP to get this behind me. 2. I am planning on going to court prior to my hearing. Anything in particular I should look out for? I am looking through active cases in my county similar to my lawsuit...taking note of the court date and judge. I am planning on spending an entire day in court prior to my case to take note of practices/procedures within the courtroom - as well as any quirks the judge may have. 3. Is arbitration a better option for me? Which CC agreement should I use? From reading other threads on this forum; the most potent Midland Repellent™ is sending the case into arbitration per the cardholder agreement. My plan is to request this go into arbitration through JAMS. I have attached 2 cardholder agreements (from CFPB) - one pertaining to when I opened the card and the other for when the account was in last good standing. Ideally, it'll probably be best to use the agreement G&C provides (should they) - so they cannot argue the legitimacy should I provide one myself. If they don't, which agreement is recommended? creditcardagreement_opening.pdf creditcardagreement_goodstanding.pdf 4. When do I MTC Arbitration? I suppose this question relates to my lack of understanding the procedure in depth (more on that below). It is my understanding that I will write up a document stating I wish to arbitrate my case, print 3 of them out, and provide them to the judge/lawyer. At which point should I provide this? Should it be the first words that come out of my mouth - when I submit my answer? 5. Any "What Can Go Wrong" horror stories relating to choosing the route of arbitration? This will help me make a more informed decision about where I wish to take this case. 6. Any literature/resources you recommend? I have a narrow view of the entire process in regards to procedure and process. I understand that though I'm representing myself; I will still be held-up to the same standards as a lawyer. Therefore, I'm well aware of the time and resources I will need to put into this to see this case end in my favor. If anyone has any resources/literature covering the magistrate courts in GA - it would be greatly appreciated! So far, my understanding probably represents what's in these videos: https://georgiamagistratecouncil.com/video-home/ ------- Thank you all for your time and consideration. I'm really glad a place like this exists and I look forward to participating in this community in the future!
  20. A little confused on a situation... Served by Greene and Cooper representing Midland Funding (for OC Synchrony Bank - Discount Tire). I couldn't find the credit card agreement in the database for exactly Discount Tire, but I did find one similar for Care Credit for Synchrony Bank, and all the Synchrony Bank agreements indicate I have a right to request arbitration. I printed one out to take with me to the court hearing. Attorney was there and basically harassed me to settle and mediate and told the judge I refused to mediate and that I didn't even file for arbitration yet and that she wanted to go to court. Well the magistrate was busy that day so they had to reschedule our hearing. Go back the next week, and she again tells the judge the same thing and I didn't even get a chance to say that I wanted to file a MTC arbitration. When it was our turn to see the judge she just requested a stay because she said the "defendant has yet to file for arbitration", and it was granted without me even getting a chance to even present my MTC for arbitration. So now the hearing has yet again been rescheduled for this week, and my question is this. Do I need to go ahead and file for arbitration through JAMS or something and bring that with me to court? Or do I still wait until I get to actually present my MTC to the judge? The attorney is confusing me by saying that I haven't done anything yet? I'm scared the judge might deny my MTC if I haven't filed for arbitration. Also, how can I get an actual copy of my cc agreement with Discount Tire thru Synchrony Bank? I thought it would have to be in the cc agreement database. Do I have to go through that attorney? Appreciate any help! Thank you!
  21. 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
  22. Soooo. This is my arbitration clause. If I lose in arbitration, am I liable for all of the arbitration fees and everything else as well? Or just the amount they say I owe in suit (around 3200)? Just confused. According to what I could find on the barclaycard website the card agreement does indeed have an arbitration clause. I have included it below. It seems contradictory though. As I understand it they agree that they cannot/ will not be able to charge me for any fee that they accrue during arbitration? So worst case scenario I am required to pay off the full amount of the suppised debt. Default/Collection Costs. Unless otherwise prohibited by law, your Account will be in default and we may demand immediate payment of the entire amount you owe us if: 1) in any month we do not receive your Minimum Payment Due by the Payment Due Date; 2) you make Purchases, initiate Balance Transfers, use a Check, or obtain Cash Advances in excess of your credit line; 3) you fail to comply with this Agreement; 4) there is a filing for your bankruptcy; 5) you die or become incapacitated; or 6) we believe in good faith that the payment or performance of your obligations under this Agreement is impaired for any other reason. As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney. We will not be obligated to honor any attempted use of your Account if a default has occurred or we have determined to terminate your Account or limit your Account privileges (as discussed below). ARBITRATION. At the election of either you or us, any claim, dispute or controversy (“Claim”) by either you or us against the other, arising from or relating in any way to this Agreement or your Account, or their establishment, or any transaction or activity on your Account, including (without limitation) Claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law and (except as otherwise specifically provided in this Agreement) Claims regarding the applicability of this arbitration provision or the validity of the entire Agreement, shall be resolved exclusively by arbitration. For purposes of this provision, “you” includes yourself, any authorized user on the Account, and any of your agents, beneficiaries or assigns, or anyone acting on behalf of the foregoing, and “we” or “us” includes our employees, parents, subsidiaries, affiliates, beneficiaries, agents and assigns, and to the extent included in a proceeding in which Barclays is a party, its service providers and marketing partners. Any Claims sought to be made or remedies sought to be obtained as part of any class action, private attorney general or other representative action (hereafter all included in the term “class action”) shall be subject to arbitration, and arbitrated on an individual basis between you and us, not on a class or representative or other collective basis. The arbitrator shall not have any authority to entertain a claim, or to award any relief, on behalf of or against anyone other than a named party to the arbitration proceeding. If any Claim is advanced in a court, arbitration may be elected under this provision instead, and the right to elect arbitration shall not be deemed to have been waived if the election is made at any time before commencement of trial. Alternatively, you and we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction, provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action. The arbitration shall be administered by the American Arbitration Association, www.adr.org, 950 Warren Avenue, East Providence, Rhode Island, 02914, 1-866-293-4053 (the “Administrator”). The Administrator provides information about arbitration, its arbitration rules and procedures, fee schedule and claims forms at its web site or by mail as set forth above. The Administrator will apply the rules and procedures in effect and applicable to the claim at the time the arbitration is filed. The Claim will be heard before a single arbitrator. The arbitration will not be consolidated with any other arbitration proceedings. The Administrator shall resolve each dispute in accordance with applicable law. If you commence arbitration, you must provide us the notice required by the Administrator’s rules and procedures. The notice may be sent to us at Barclays Bank Delaware, P.O. Box 8801, Wilmington, DE 19899-8801. If we commence arbitration, we will provide you notice at your last known billing address. We agree to honor a request by you to remove the action to a Small Claims Court, provided that we receive the request within thirty days of the notice of commencement of arbitration. Any arbitration hearing at which you appear will take place at a location within the federal judicial district that includes your billing address at the time the Claim is filed. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. No class actions, joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us. In the event that there is a dispute about whether limiting arbitration of the parties' dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration. A party can file with the Administrator a written appeal of a single arbitrator’s award within 30 days of award issuance, requesting a new arbitration in front of three neutral arbitrators designated by the Administrator. The panel will reconsider all factual and legal issues, following the same rules of procedure, and will make decisions based on majority vote. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction. Judgment upon any arbitration award may be entered in any court having jurisdiction. We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings. Under no circumstances will we seek from you payment or reimbursement of any fees that we incur in connection with arbitration. In addition, in any arbitration that you elect to file that could be heard in Small Claims Court in your jurisdiction, we will pay the filing fees and other arbitration fees above the cost of filing in that Small Claims Court. If you are required to advance any fees or costs to the arbitration Administrator, but you ask us to do so in your stead, we will consider and respond to your request. 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. ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION YOU AND WE WILL NOT HAVE THE RIGHTS THAT ARE PROVIDED IN COURT INCLUDING THE RIGHT TO A TRIAL BY JUDGE OR JURY AND THE RIGHT TO PARTICIPATE OR BE REPRESENTED IN PROCEEDINGS BROUGHT BY OTHERS SUCH AS CLASS ACTIONS OR SIMILAR PROCEEDINGS. IN ADDITION, THE RIGHT TO DISCOVERY AND THE RIGHT TO APPEAL ARE ALSO LIMITED OR ELIMINATED BY ARBITRATION. ALL OF THESE RIGHTS ARE WAIVED AND ALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION.
  23. I need some help with this, I received a civil citation from Midland Funding on January 17,2018, I filed an Answer stating I did not have any knowledge of the information in the citation, on the 31st. One issue is it is in the wrong Precinct. it has a statement on the debt owed, an Affidavit from Mary Pikkaraine relating to business records and 4 statements. What do I do next...file to have it moved to the right Precinct or an Amended Answer asking for Original Contract? Also Synchrony Bank has an Arbitration Clause do request that? 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.) Scott & Associates, PC-Carrollton, Texas 3. How much are you being sued for? < $2608.59 4. Who is the original creditor? (if not the Plaintiff) Synchrony Bank 5. How do you know you are being sued? (You were served, right?) I was served at my home. 6. How were you served? (Mail, In person, Notice on door) In person, at my home. 7. Was the service legal as required by your state? Process Service Requirements by State - Summons Complaint Based on what I read there, yes. 8. What was your correspondence (if any) with the people suing you before you think you were being sued? I am not sure if I received anything from them, but I have not personally spoke to anyone. 9. What state and county do you live in? Texas, Jefferson 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Statement in paperwork 6/2015 also states charge off 12/15 11. What is the SOL on the debt? 4 yrs Statute of Limitations on Debts 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). suit served, filed answer, will have to call court 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? Had 14 days, filed generic answer charges are debt collection Here is an example of what the summons/complaint may look like: Sued by a Debt Collector - Learn How to Fight Debt Lawsuits 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. - Original Petition - Affidavit of a "Legal Specialist" - 4 Account Statements
  24. Hi Everyone, I have what I hope is a simple question. I have used this forum in the past and have been able to get cases dropped using the recommendations of other users on this site. Well, my wife had a case filed against her by Midland, and we have submitted our answer and a Motion to Compel Arbitration. All seems wonderful, Right? Wrong. We are dealing with a court clerk that is a complete and total P.I.T.A. (Pain In The A..). First she "lost" our answer and it wasn't found until I complained directly to the JP. And now that we have filed a Motion to Compel Arbitration she is stating the we need an Order to file the Motion. I know this can't be right or am I completely lost. How can you have an Order to file a Motion to Compel? This makes no sense. The court clerk emailed me the following on Friday. Your Wife just came in and filed a motion to compel arbitration. First there is not an order attached to this motion and second she did not sign the certificate of the motion. I understand that if my wife didn't sign the motion that it cannot be accepted, but what does the clerk mean by "there is not an order attached to this motion"? Any information on this would be helpful. Thanks