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Found 775 results

  1. 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!
  2. 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
  3. 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?
  4. 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?
  5. 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.
  6. 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!
  7. 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
  8. 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
  9. 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.
  10. 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
  11. 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.
  12. 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
  13. 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!!!!!!
  14. 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?
  15. 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
  16. Hey y’all. This isn’t my first time getting sued by a JDB, but it is only my second so my goal is to be more knowledgeable and competent this go ‘round. I aim to heavily document this case in hopes of being a resource to my future self and others in the SE Tennessee area (since General Sessions Court does things a bit differently here.) My previous case (nearly a year ago) was dismissed without prejudice, largely based on the steps I’ll detail below and one silly mistake you can read about in my post history. As you know, IANAL. I also don't pretend to know a damn thing outside of what I've researched and read from the Top Community Contributors here @fisthardcheese @MikeB35 @Goody_Ouchless @BV80 @Brotherskeeper @Clydesmom @Harry Seaward - forever grateful for your advice, good people! I'm posting this for others, like me, who couldn't figure out where the heck to even start. Let's git it. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: CURRENT SUIT DETAILS: 1. Who is the named plaintiff in the suit? Portfolio Recovery Associates, LLC 2. What is the name of the law firm handling the suit? Weber & Olcese, PLC 3. How much are you being sued for? $1200 4. Who is the original creditor? (If not the Plaintiff) Synchrony Bank (Care Credit) 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door, etc.) Served 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? Nothing - other than a DV request (8 months ago) 9. What state and county do you live in? Hamilton County, TN 10. When is the last time you paid on this account? (Looking to establish if you are outside SOL) 02/2016 11. When did you open the account (Looking to establish what card agreement may be applicable) 10/2014 12. What is the SOL on the debt? 6 years 13. What is the status of your case? Suit served? Motions filed? Served four days ago. My Sworn Denial (TN's Answer), MTC (with Affidavit, Proposed Order, and Card Agreement) are ready to be filed within the next few days 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? Yes, I requested DV when they first started mailing letters requesting payment (8 months ago). They responded in a letter with their Disputes Department phone number and instructions to call if I want to receive a payment history. Their summary of information shown below that consisted of my full name, last 4 digits of SSN, and date the account opened 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. An Affidavit from PRA’s Custodian of Records and a table of information containing the following: Account Number, Record Type, Customer Type, Name, Account Address, Home Phone, Birth Date, Loan Type, Charge Off Reason Code, Account Status, Receipt Date, Contract Date, Charge Off Date, Last Payment Date, Charge Off Amount, Accrued Interest, Current Balance, Net Principal, and Net Interest. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: STEPS: This outline is based on my experiences and research. Don't hesitate to add any helpful comments or corrections you see fit. I will revise it accordingly. These are the steps I personally will be taking now and in the future. I'm posting this because my last lawsuit took me way too long to figure out the key differences between TN's process and majority of the cases being discussed here. Plus, I understand lists better and you might, too. All documents mentioned will be attached to this post. If you're reading this for guidance, make sure to read @fisthardcheese Arbitration Overview first for a better understanding of arbitration as a whole. STEP 1: GET SERVED STEP 2: ANSWER THE SUMMONS (MOST STATES) STEP 2: FILE SWORN DENIAL (TN) Download Sworn Denial and fill out appropriately. The deadline is typically 30 days. Make (3) copies. File original with court. If your MTC is ready (Step 3), you may file at the same time. Mail copy (CMRRR) to DBA's attorney. Store third copy for your records. STEP 3: FILE MOTION TO COMPEL (MTC) ARBITRATION Write MTC according to local court guidelines. Reference terms of arbitration in Card Agreement. Include Affidavit that testifies that the included Card Agreement is a "true and correct copy of the contract that governs the account from which Plaintiff's allegations arise." Include entire Card Agreement from date card was active. (Find yours here) Include Proposed Order to make the judge's job easier. Notarize Affidavit. Make (3) copies. File original with court. Set hearing date for MTC. Mail copy (CMRRR) to DBA's attorney. STEP 4: FILE ARBITRATION DEMAND LETTER Download Demand for Arbitration form and fill out appropriately. (AAA or JAMS, whichever is stipulated in your Card Agreement.) Include a Certificate of Service with the forms. If Card Agreement states that "they" will pay for filing fee, include a cover letter stating that per the agreement you are asking the company to forward the consumer filing fee directly to AAA/JAMS. Make (3) copies. If Judge grants MTC, have Demand Form ready to file immediately. Mail Demand (CMRRR) to AAA/JAMS and DBA's attorney on the same date. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: QUESTIONS: Q1. Are my documents satisfactory? I've attached the required paperwork in hopes of getting the community's feedback before I submit them. Please let me know if anything should be revised, worded better, or formatted differently. Q2. What does the following mean for my case and MTC? I am unsure whether I should/must include this in my MTC. On Page 3 of the Card Agreement, under Resolving a Dispute with Arbitration, the clause states: 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 providers that accept the card or program sponsors 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, etc; 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. MTC DRAFT.pdf AFFIDAVIT DRAFT.pdf PROPOSED ORDER DRAFT.pdf Synchrony Bank CareCredit Agreement 2015.pdf
  17. Good afternoon, I am working with a friend (I am asking him to post his own information here this week), and had a question about arbitration on vehicle purchase and financing agreements. I am making this post with his permission. My friend bought a car in 2016 and financed through Santander Consumer USA. Later that year, he had the car repossessed. Car was sold, and my friend owned the balance. The debt was then purchased by a company in Missouri. The filed suit last month and my friend answered within the time allowed. Here is my question - I know the government has a database of credit card agreements - is their a similar DB of car financing agreements? I believe that Santander has an arbitration agreement; however, the exhibit in the lawsuit he showed me only contained the only the first page of the purchase/finance agreement. Any assistance would be appreciated. I know this isn't a JDB credit card case, but it is a JDB case, and my friend needs help. Thank you!
  18. Hello, it's me again. I was just served by Stenger and Stenger (representing Cach LLC) on an account that was dismissed without prejudice last year. The last time they sued me I appeared in court and during mediation I told the attorney that I planned on filing a MTC arbitration. She was confused, and when we went to trial she asked for a continuance. The judge granted it, and we were to appear back in court 30 days later. Well when I came back, no attorney was present so the judge signed a dismissal without prejudice. I did ask him to make it with prejudice, and he denied the request. Here we are again, and the same law firm representing the same JDB is suing me again. I haven't sent in my answer yet. I was planning on using the same arbitration defense, but after further review of the credit card agreement there is a note about "ordinary claims," and I just went through another case with that clause and was denied my MTC arbitration from the judge! Btw, this is in GA. The amount is around $1300. It's for First National Bank in Omaha that was defaulted around Feb 2016, maybe earlier. I'm really afraid that my MTC arbitration will get denied again because the judge is a JDB friendly judge. Do I have any other options to file my answer? I mean I am going to try to proceed as usual w/ my answer and then present my MTC at court, but because this has no mention of small claims court, even if I was denied, and appealed to a higher court it seems like that verbiage would still stand. Thoughts? Help? Below is the verbiage from a Q1 2016 agreement. And the bold is what I'm concerned about. So many of you have helped me dismiss so many cases over the past few years... I need some advice on this particular circumstance to see if anyone has any success with arguing this. THANK YOU!
  19. Hi and thanks in advance for reading- so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks!
  20. Hi there, This forum has been so helpful to me previously (I used arbitration to make Kohn Law Firm give up on a 5K Care Credit debt), I am hoping you guys have insight into my current dilemma. I am being sued in my county's Small Claims Court for an alleged 2k Citi card debt. I thought I was good to go with my MTC but have read a few posts here indicating some courts have taken: "Individual claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court," to refuse MTCs. Sure seems like the OC is wanting to have his cake and eat it, too. My question is: How often are JDB's aware of this little nugget and how often are courts refusing MTCs based on it? I've really no option but to give it a go with my MTC, just wondered if others have experience with this.
  21. 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.
  22. I recently filed for JAMS arbitration against an OC, and did not request expedited procedures. JAMS notified me that the arbitration will be conducted under the Streamlined Rules. Isn't that expedited? Also, I requested that the OC advance my share of the fees, which they haven't done yet. They did pay their portion of $1,250. The amount in question is under $5,000. Thanks in advance.
  23. Background: Sued by Cavalry for alleged $2K CitiBank debt. Filed Answer and MTC. Filed consumer action with AAA. Today I received a letter from AAA. The take-away is that they won't work with Cavalry anymore because they suck. From the letter: "According to R-1(d) of the Consumer Rules, should the AAA decline to administer an arbitration, either party may choose to submit its dispute to the appropriate court for resolution." Seriously?!? Am I back where I started because Cavalry are slime balls? I was already preparing to do battle because of the small claims cut out-- now it looks like there is nothing I can do. Any ideas from the brain trust?
  24. Can you request arbitration of a lawsuit filed by midland's attorneys? Is the arbitration agreement from synchrony bank enforceable even though the account is now owned by midland?
  25. So I have got this far reading posts here. My question has to do with the request for admissions and interrogatories. Do I just object to all of the requests due to improper venue? Also they are beyond the time limit to answer my motion to compel. Can I file a motion to dismiss for failure to follow court rules? I'm not sure if it was even a good idea to file the mtc other than delaying a judgement. Edit to add: I was looking at the court website at all of documents filed and what they had scanned in. When they filed their request for admissions they request for interrogatories is not there. I know it could be a mistake by the clerk but if its not is there a reason they would send me a request without filing it? Thanks for the help in advance. MY ANSWERS TO THE STANDARD QUESTIONS: 1. Who is the named plaintiff in the suit? Grassy Sprain Group 2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) Hosto Buchan 3. How much are you being sued for? $16000 4. Who is the original creditor? (if not the Plaintiff) Cross River Bank 5. How do you know you are being sued? (You were served, right?) Served 6. How were you served? (Mail, In person, Notice on door) Server 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 9. What state and county do you live in? Arkansas 10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations) Not sure, but within the last three years 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). Have received request for Interrogatories and Admissions after filing answer and then MTC. 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) 3 days I know its not a lot of time. I have the requests answered both with objections due to venue and without. I started second guessing myself so I thought I would ask for help. 16. What evidence did they send with the summons? An affidavit? Statements from the OC? Contract? List anything else they attached as exhibits. Affidavit and contract from OC